HISTORY: Adopted by the City Council of the City of New Kensington 8-7-2023 by Ord. No. 3-23. Amendments noted where applicable.]
The purpose of this chapter is to safeguard the public health and ensure that consumers are provided food that is safe, unadulterated, and honestly presented.
As used in this chapter, the following terms shall have the meanings indicated:
FOLLOW-UP INSPECTION
An inspection to review whether changes have been made to correct violations that resulted in noncompliant status determined by a prior inspection.
LICENSE
Retail food license as defined by 7 Pa. Code Chapter 46 and Act 106 of 2010, Subchapter A, Retail Food Safety.
MOBILE FOOD LICENSE
A license issued for a mobile food vendor in a specific category.
A. 
ICE CREAM TRUCKA single vehicle that sells retail food items that are frozen desserts that is mobile and travels the City for sales. This Retail Food license is issued for a period of 12 months.
B. 
TEMPORARY RETAIL FOOD LICENSEA food vendor that is operating in a single trailer, tent or vehicle or any other structure that sells retail food items for a period of 14 days or less at any one single event or celebration. This Retail Food license is issued for a period of not more than 14 days.
C. 
FARMERS' MARKET VENDORA food vendor that is operating in a trailer, tent or vehicle or any other structure that sells raw agricultural commodity at the farmers' market. This retail food license is issued for the season of the farmers' market.
D. 
FOOD TRUCKA food vendor that is operating in a single trailer or truck that sells retail food items for a period of more than 14 days. A maximum of 200 square feet of any type of structure is allowed for each license.
MOBILE FOOD VENDOR
Any food vendor that is operating in a trailer, tent or vehicle, or any other structure that is not located inside a permanent commercial structure that is serviced by municipal water and sewer services.
NEW RETAIL FOOD ESTABLISHMENT
A retail food establishment that is requesting an annual food license to begin operations for a location they do not have licensed in their name for more than 14 days. This retail food license is issued and expires on December 31 of each year.
NUISANCE INSPECTION
An inspection for any licensed retail food establishment requiring more than two inspections in a twelve-month period due to repeat violations or verified complaints.
OTHER INSPECTION FEE
An inspection that is required under Pennsylvania Act 106 of 2010 for a retail food facility or for a retail food facility that is exempt from licensing (but not inspection) under Subchapter A, Retail Food Safety Act, or an inspection that is not required but is requested by the owner or operator of a current or future retail food facility for any reason. The other inspection fee is due at the time of the inspection. A certificate of inspection will be issued after a complaint inspection is completed and all fees collected.
RENEWAL
The reissuance of an annual food license for retail food establishment operated for more than 14 days per year that is not a mobile food vendor. This retail food license is issued and expires on December 31 of each year.
A. 
New retail food establishment. New retail food establishments (plan review/two inspections): $300.
B. 
Renewal: $150.
C. 
Temporary licenses:
(1) 
Temporary retail food license: $50.
(2) 
Temporary retail food license Current City/City-licensed establishment: $35.
(3) 
Temporary retail food license for 501C3 not-for-profit group: $0.
(4) 
Ice cream truck/food truck new license: $200.
(5) 
Ice cream truck/food truck renewal: $150.
(6) 
Farmers' market license (nonretail foods): $0.
D. 
Nuisance inspection fee: $100.
E. 
Follow-up inspection fee:
(1) 
For the first follow-up inspection during the previous 12 months: $150.
(2) 
For a second or subsequent follow-up inspection during the previous 12 months: $300.
F. 
Other inspection fee: $100.
G. 
A nuisance inspection fee or follow-up inspection fee is due at the time of each nuisance inspection or follow-up inspection, payable to the City Treasure.
H. 
An application fee is to be paid at time of application and shall be payable to the City Treasurer. No application will be processed or a license issued until all fees owed to the City are paid. If a license is suspended, denied or revoked, no part of the fees paid are to be refunded.
I. 
Applications and fee for a license renewal are due one month prior to the expiration date of the current license.
J. 
It is the responsibility of the applicant to obtain and submit all required applications and forms in a timely manner for all licenses requested.
K. 
A Commonwealth of Pennsylvania recognized valid photo ID and a Pennsylvania sales and use tax license is required for all applications submitted for licenses. A copy will remain on file with the application. Current contact information must be submitted and remain on file and must include phone, address, and alternative numbers for twenty-four-hour emergency use. Updates to this information must be submitted no later than three days after the change takes place.
L. 
In the event that the respective renewal license fee charged pursuant to Subsection B, is not paid on or before the fifth day of the succeeding month the fee is due, the licensee shall be charged a late fee in the amount of $35 for each month the respective license fee remains outstanding thereafter.
A. 
Should any establishment become delinquent in its license fee as required by § 122-3, 100.02, such license shall be revoked after due notice of 10 calendar days. The establishment shall cease operations when the license is revoked.
B. 
Should any establishment become delinquent in fines, fees, or other monies owed to the City of New Kensington, such license shall be revoked after due notice of 10 calendar days. The establishment shall cease operations when the license is revoked.
A. 
All food establishments shall conform to all standards in accordance with 7 Pa. Code Chapter 46.
B. 
Any establishment found not conforming to the standards set forth by § 122-6A may be cited as per § 122-10. In addition, they may have their license revoked or suspended immediately. Revocation or suspension will be determined by the Health Officer based on the risk for an imminent health hazard to the public. The establishment shall cease operations immediately when the license is revoked or suspended. A license may be suspended for any length of time appropriate up to 72 hours as determined by the Health Officer.
C. 
Shall the license be revoked, a new license may be applied for by the licensee after a period of one year with all fees paid prior to reissuance and must include a plan review as outlined in the Food Code.
D. 
Shall the license be suspended for a period of time; a complete reinspection must be completed and written permission to continue operations obtained from the Health Officer. Any fees owed to the City must be paid in full prior to resuming operations.
E. 
A sign shall be posted on the entry door(s) of any establishment whose license is suspended or revoked stating "Closure by the Board of Health." This sign shall remain posted during the time of the closure and if removed shall be considered a violation and a separate violation for each day it remains removed. The sign will be dated, signed by the Health Officer, have the contact information of the Health Officer and will state "It must remain in place until removed by the Health Officer and it is a violation finable up to $1,000.00 per day if it is removed."
F. 
Shall the licensee request a hearing for a license that has been suspended or revoked, a hearing will be held by the Board of Health within 14 business days after receiving written notification requesting the hearing. The licensee will be notified in writing of the date, time and place. The Board of Health will review all facts and statements and render a written decision within two business days. A hearing must be requested within 30 days after the revocation or suspension. A record of the proceeding shall be made either by stenographic means or electronic recording. The method of the means of recording is at the discretion of the Board. A licensee may appeal an unfavorable decision of the Board of Health by filing an appropriate action challenging the Board's findings with a court of appropriate jurisdiction.
A. 
Any retail food establishment found operating without a license shall allow an inspection without delay. Refusal of inspection shall be considered a separate violation and subject to penalty under § 122-10.
B. 
Any retail food establishment found operating without a license shall cease all operations immediately upon order of the Health Officer. To not immediately cease operations shall be considered a separate violation and subject to penalty under § 122-10. The establishment shall be posted as in § 122-5E.
C. 
To operate a retail food establishment without a license violates this chapter and 7 Pa. Code Chapter 46 and is subject to penalty under § 122-10.
Adoption of 7 Pa. Code Chapter 46: The provisions, terms, procedures, appendices, and standards in 7 Pa. Code Chapter 46 with the exception of Section 46.1141, license Requirements, are adopted to the extent they do not conflict with the requirements of this chapter.
A. 
All mobile food vendors must be identified by displaying the name, city, and state of the business or licensee in at least three-inch letters in a nonconspicuous place. If the sales are from a vehicle, this must be displayed on both sides of the vehicle.
B. 
All mobile food vendor licenses are issued to a single trailer, tent or vehicle or any other structure at a single location and are not transferable to any other trailer, tent or vehicle or any other structure or any other location.
This chapter shall become effective August 7, 2023.
Any proprietor who violates or fails to comply with any provision of this chapter shall be punished in municipal court with a fine of $100 up to $1,000 or imprisonment for up to 90 days. Each day's continuance of a violation of this chapter shall constitute a separate offense. Each sale after closure shall be considered a separate offense.