[Adopted 12-11-1958 by Ord. No. 927]
The Department of Public Health of the Township of Abington, in order to protect the health and safety of the people of the township, is authorized and directed, by implementing and enforcing the provisions of this article, to control the conduct and operation of food establishments within the township.
From and after January 1, 1959, it shall be unlawful for any person to conduct or operate a food establishment where food or beverage intended for human consumption is kept, stored, manufactured, prepared, dressed, handled, sold or offered for sale, with or without charge, either at wholesale or retail, within the Township of Abington, without first obtaining a license therefor.
[Amended 2-13-1975 by Ord. No. 1396]
A. 
No license shall be issued until inspection of the premises, facilities and equipment has been made by a duly authorized representative of the Department of Public Health of the Township of Abington. The fee for the license shall be $1 and shall be paid by each applicant at the time of making application for a license. The applicant shall also pay annual inspection fees, based upon the floor area of the food establishment, as follows:
[Amended 3-12-1981 by Ord. No. 1521]
Floor Area
(square feet)
License Fee
Inspection Fee
Total Fee
Under 1,500
$1.00
$29.00
$30.00
1,501 to 2,500
$1.00
$39.00
$40.00
2,501 to 5,000
$1.00
$49.00
$50.00
5,001 to 7,500
$1.00
$69.00
$70.00
7,501 to 10,000
$1.00
$99.00
$100.00
10,001 to 15,000
$1.00
$149.00
$150.00
15,001 and over
$1.00
$199.00
$200.00
B. 
Mobile food vendors and hucksters shall pay an annual inspection fee of $19 in addition to the annual license fee of one dollar.
[Amended 3-12-1981 by Ord. No. 1521]
C. 
Pro rata inspection fees. If any applicant first makes application on or after July 1 of any calendar year, the annual inspection fee shall be reduced by 50%.
Any person whose application for a license is denied may request and shall be granted a hearing before the Department of Public Health, as hereinafter provided.
Whenever any person maintains more than one food establishment, such person shall be required to apply for and procure a separate license for each food establishment.
A license issued under this article shall expire on the 31st day of December of each year. Licenses shall be renewable annually in the same manner and upon payment of the same annual fee as provided in § 88-10.
Licenses herein provided for shall specify the date of issuance, the name of the licensee and the place licensed. Such licenses shall be conspicuously displayed at all times in the place so licensed. Licenses shall not be transferable.
A. 
Whenever the Department of Public Health or duly authorized representative thereof determines that there are reasonable grounds to believe that there has been a violation of any provisions of this article or of any regulation adopted pursuant thereto, it shall give notice of such alleged violation to the person or persons responsible therefor, as hereinafter provided.
(1) 
Such notice shall:
(a) 
Be put in writing.
(b) 
Include a statement of the reasons why it is being issued.
(c) 
Allow a reasonable time for the performance of any act it requires.
(d) 
Be served upon the holder of a license issued under this article, or upon the owner or the owner's agent or the occupant of any premises, provided that such notice shall be deemed to have been properly served when a copy thereof has been served personally or in accordance with any other method authorized or required under the laws of this state.
(2) 
Such notice may:
(a) 
Contain an outline of remedial action which, if taken, will effect compliance with the provisions of this article.
(b) 
State that unless conditions or practices described in such notice which violate this article are corrected within the reasonable time specified in such notice, the license which has been issued pursuant to this article may be suspended or revoked.
B. 
Any person who is affected by any notice which has been issued in connection with the enforcement of any provisions of this article or of any regulation adopted pursuant thereto may request and shall be granted a hearing on the matter before the Department of Public Health, provided that such person shall file in the office of the Department a written petition requesting such hearing and setting forth a brief statement of the ground therefor within 10 days after the day the notice was served. Upon receipt of such petition, the Department of Public Health shall set a time and place for such hearing and shall give the petitioner written notice thereof. At such hearing, the petitioner shall be given an opportunity to be heard. The hearing shall be commenced not later than 10 days after the day on which the petition was filed, provided that upon application of the petitioner the Department of Public Health may postpone the date of the hearing for a reasonable time beyond such ten-day period when in its judgment the petitioner has submitted a good and sufficient reason for such postponement.
C. 
After such hearing, the Department of Public Health shall sustain, modify or withdraw the notice, depending upon its finding based on such hearing as to whether or not the provisions of this article and of the regulations adopted pursuant thereto have been complied with. If the Department of Public Health sustains or modifies such notice, it shall be deemed to be an order. Any notice shall automatically become an order if a written petition for a hearing has not been filed in the office of the Department of Public Health within 10 days after such notice was served. In the case of any notice which states that a license required by this article may be suspended or revoked, the Department of Public Health may suspend or revoke such license if an order is issued and corrective action is not taken within the time specified in the notice.
D. 
The proceedings at such hearing, including the findings and decision of the Department of Public Health, shall be summarized, put into writing and entered as a matter of public record in the office of the Department. Such record shall include also a copy of every notice or order issued in connection with the matter. Any person aggrieved by the decision of the Department of Public Health may seek relief therefrom in any court of competent jurisdiction, as provided by the laws of this state.
E. 
Whenever the Department of Public Health finds that an emergency exists involving a serious health hazard which requires immediate action to protect the public health, it may, without notice or hearing, issue a written order citing the existence of such an emergency and the conditions violating this article or regulations adopted pursuant thereto which require corrective action to remove such health hazard. If such corrective action is not taken, the Department of Public Health may thereafter take such action as may be necessary to protect the public health, including complete shutdown. Notwithstanding other provisions of this article, such order shall be effective immediately. Any person to whom such order is directed shall comply therewith immediately, but upon petition to the Department of Public Health shall be afforded a hearing as soon as possible, but in any case not later than three days after the petition was filed. After such hearing, depending upon its finding as to whether or not the provisions of this article and of the regulations adopted pursuant thereto have been complied with, the Department of Public Health shall continue such order in effect, or modify it or revoke it.
The Department of Public Health shall have the power to enter at reasonable times upon private or public property for the purpose of inspecting and investigating conditions relating to the enforcement of the provisions of this article.
The Department of Public Health is hereby authorized and directed to adopt such written regulations as may be necessary for the implementation and enforcement of the provisions of this article. The Department shall file a certified copy of all regulations which it may adopt with the Township Secretary, and such regulations shall be made available for inspection by the public on request. Such regulations shall have the same force and effect as the provisions of this article, and the penalty for violation thereof shall be the same as the penalty for violation of the provisions of this article, as hereafter provided. The Township of Abington Department of Public Health regulations governing food establishments in the township shall be those approved by the Board of Township Commissioners on the 11 day of December 1958 and/or as may be modified or changed by the Department of Public Health and further approved by the Board of Township Commissioners.
Any person who shall violate any provision of this article or any regulation adopted thereunder, upon conviction, shall be punished by a fine of not more than $50, and each day's failure to comply with any such provision shall constitute a separate violation.