Retail Food Facility Inspection and Licensing

ORDINANCE 2011-8

An Ordinance Establishing a Retail Food Facility Inspection and Licensing

BE IT ORDAINED by the Council of the City of Hazleton as follows:

1. PURPOSE AND SCOPE

a. Purpose and scope of this Ordinance is to adopt and enforce the provisions of the Retail Food Facility Safety Act, 3 Pa.C.S.A. § 5701 et seq., the “Food Code” as published by the Bureau of Food Safety and Laboratory Services, division of Food Safety, 2301 North Cameron Street, Harrisburg, Pennsylvania 7 Pa.Code § 46.1 et seq., and related regulations as promulgated by the Pennsylvania State Department of Agriculture, regarding the inspection and licensure of retail food facilities for the protection of the health, safety and welfare of the residents of the City of Hazleton.

b. The provisions of this Ordinance are not intended to interfere with, abrogate or annul other rules, regulations or ordinances, including the Retail Food Facility Safety Act, the Food Code, or any rules and regulations adopted by the state of Pennsylvania and/or the Department of Agriculture relative to the licensure and inspection of retail food facilities.

2. DEFINITIONS

a. For the purpose of this Ordinance, the following words, terms and phrases shall have the meanings indicated herein:

     i. “Employee.” The license holder, the person in charge, person having supervisory or management duties, person on the
         payroll, family member, volunteer, person performing work under contractual agreement or other person working in a
         retail food facility.

     ii. “Food Employee.” Individual working with unpackaged food, food equipment or utensils, or food-contact surfaces.

     iii. “License.” A grant to a proprietor to operate a retail food facility.

     iv. “Licensor.” The Health Department of the City of Hazleton.

     v. “Proprietor.” A person, partnership, association, or corporation conducting or operating a retail food facility within the
          City of Hazleton.

     vi. “Public Eating or Drinking Place.” A place within the City of Hazleton where food or drink is served to or provided for the
           public, with or without charge. The term does not include dining cars operated by a railroad company in interstate
           commerce or bed and breakfast homestead or inn.

     vii. “Retail Food Establishment.” An establishment which stores, prepares, packages, vends, offers for sale or otherwise
            provides food for human consumption and which relinquishes possession of food to a consumer directly, or indirectly,
            through a delivery service such as home delivery of grocery orders or delivery service provided by common carriers.
           The term does not include dining cars operated by a railroad company in interstate commerce or bed and breakfast
           homestead or inn.

     viii. “Retail Food Facility.” A public eating or drinking place or a retail food establishment. 

3. ADOPTION OF STATE LAW AND REGULATION

The Retail Food Facility Safety Act, The Food Code and any and all regulations promulgated and adopted by the Commonwealth of Pennsylvania and the Pennsylvania Department of Agriculture relative to the inspection and licensing of retail food facilities are hereby adopted by the City of Hazleton and will be enforced by the City’s Department of Health.

4.  LICENSES

a. Except as provided in subsection b, it shall be unlawful for any proprietor to conduct or operate a retail food facility without first obtaining a license for each retail food facility as provided in this subchapter.

b. The following retail food facilities shall be exempt from licensing: 

     i. Food bank owned by a charitable non-profit entity and operated for charitable or religious purposes;

     ii. Soup kitchen owned by a charitable non-profit entity and operated for charitable or religious purposes;

     iii. School Cafeteria;

     iv. Retail Food Facility which is owned by a church, association of churches or other religious order, body or institution
          which qualifies for exemption from taxation under Section 501(c)(3) or (d) of the Internal Revenue Code of 1986 and is
          not subject to unrelated business income taxation under Sections 511, 512 or 513 of the Internal Revenue Code of 1986
          for activities undertaken under this chapter;

     v. Retail food facility in which only prepackaged, non-potentially hazardous food or beverages or sold. 

     vi. Retail food facility that sells only raw and agriculture commodities. 

A retail food facility that is exempted from the license requirement under this Section shall remain subject to inspection and all other provisions of this Ordinance.

c. Issuance of License.

     i. A retail food license may be issued by the City of Hazleton, Department of Health.

     ii. A license shall specify the date of expiration, the period for which the license is valid, the name of the licensee and the
         placed licensed. 

     iii. Licenses shall be conspicuously displayed at all times in the place thereby licensed.

     iv. Licenses shall not be transferable.

d.  Application Requirement.

     i. Any person owning or operating or desiring to operate a retail food facility within the City of Hazleton shall make
        application for the license to the licensor on forms furnished by the licensor. The form shall, at a minimum, set forth, such
        information as the City of Hazleton may require. Application and form shall include the name and address of the applicant,
        together with all the other information deemed necessary to identify the applicant, provide contact information for the
        applicant, identify the location of the retail food facility that is subject to the application and facilitate the licensors
        processing of the application.

e. Inspection.

     i. No license shall be issued until inspection of the retail food facility has been made by the licensor and the retail food facility
        meets the requirements of both this Ordinance and the rules and regulations of the Department of Agriculture.

f. Reports.

     i. Licensor shall provide the Department of Agriculture a copy of any inspection report resulting from any inspection
        conducted under authority of this Ordinance within thirty (30) days of the inspection date. This copy may be sent by
        electronic methods, as approved by the Department.

g. Term of License.

     i. Except as provided in paragraph 2, licenses shall expire on the day after the original license anniversary date at intervals of
        one (1) year, or for any other license that is established by the Department through regulation and that uses risk-based
        factors identified in the current edition of the Food Code, as a basis for determining the appropriate license interval, 
        an application for renewal shall be made one (1) month before the expiration of any existing license. A license granted
        under the provisions of this Ordinance shall be renewed if the most recent inspection by the licensor is conducted within
        the preceding license period and determined that requirements specified in this Ordinance with respect to the retail food
        facility were met.

     ii. A temporary license for retail food facility that operates on no more than fourteen (14) days in one (1) calendar year or for
         a retail food facility operating at a fair, festival or similar temporary event shall be granted with respect to the calendar year
         in which it is issued if the retail food facility meets the requirements of this Ordinance.

h. Sales and Use Tax License.

i. No license shall be issued until the proprietor exhibits proof that the proprietor has applied for or received sales and use tax license or exemption certificate from the Department of Revenue.

i. Denial or Refusal of License.

i. Licensor shall state in writing to the proprietor the reasons for the refusal to issue a license.

ii. If a retail food facility license by the City is in violation of a provision of this Ordinance, or of regulation promulgated by the Department of Agriculture or of any other act related to public health and being applicable to retail food facilities, the City may suspend or revoke the license. The suspension of a license shall be terminated when the violation for which it was imposed has been found, upon inspection by the licensor to have been corrected.  However, license suspended or revoked, no part of the fee paid therefore shall be returned to the proprietor.

iii. A licensor may, as an alternative to suspending or revoking a license, provide a licensee a reasonable interval within which to correct conditions that constitute a violation that would result in the suspension or revocation of the license, provided that the health and safety of the employees, occupants, and patrons of the retail food facility can be reasonably assured during that interval.

j. Fees.

i. The fees charged under this Ordinance shall be paid to the City of Hazleton and are set as follows:

1. License Fee - $35.00 per calendar year
 License Fee (Temporary) - $5.00 per 14 day period

2. Annual Inspection Fee:

a. Tier 1 – Packaged food sales – $50.00;
b. Tier 2 – Unpackaged food sales – $75.00
c. Tier 3 – Grocery Stores – $100.00.
d. Temporary – Festival Food Vendors – $25.00

3. Re-Inspection Fees:

a. 1st Re-inspection

i. Tier 1 – Packaged food sales – $100.00;
ii. Tier 2 – Unpackaged food sales – $150.00
iii. Tier 3 – Grocery Stores – $200.00.

b. 2nd Re-inspection

i. Tier 1 – Packaged food sales – $150.00;
ii. Tier 2 – Unpackaged food sales – $225.00
iii. Tier 3 – Grocery Stores – $300.00.

k. Multiple Retail Food Facilities.

i. Whenever any proprietor maintains more than one (1) retail food facility within the City of Hazleton, the proprietor shall be required to apply for and procure a license for each retail food facility.

5. INSPECTIONS

a. For purposes of enforcement of this Ordinance, a licensor is authorized, upon presenting appropriate credentials to the person in charge:

i. To enter at reasonable times any retail food facility.

ii. To inspect at reasonable times, within reasonable limits, and in a reasonable manner, the retail food facility.

iii. To obtain a sample of any food at a retail food facility for analyses may be necessary to determine compliance with this Ordinance if the Licensor, upon completion of the inspection and prior to leaving the facility, provides the person in charge a receipt describing the sample obtained.

b. Billing.

i. A retail food facility from which a sample was collected may bill Licensor for the fair market value of the sample.
c. Report.

i. Upon completion of inspection of a retail food facility and prior to leaving the premises, the Licensor shall give to the person in charge a written report of the findings of the inspection.  Results from the analysis of any samples taken shall be provided to the person in charge within thirty (30) days of receipt.

d. Violation and penalties.

i. Upon a person who violates any provision of this Ordinance, or any rule, regulation, standard or order made by the State of Pennsylvania or the Department of Agriculture relative to the inspection and license of retail food facilities, commits a summary offense for the first or second offense and shall be subject to a fine not less than $100.00 but not more than $1,000.00.  Each day that a violation continues, shall be deemed a separate offense.

ii. Person who violates any provision of this Ordinance or any rule, regulation, standard or order made by the State of Pennsylvania or the Department of Agriculture commits a Misdemeanor of the Third Degree if the violation is a third or subsequent offense and if the violation occurs within two (2) years of the date of the last previous offense. 

iii. Any retail food facility found to be in violation of this article more than three (3) times in any twelve (12) month period, shall, at the discretion of the Licensor, have its license permanently revoked. 

6. Any Ordinance or part of an Ordinance conflicting with the provisions of this Ordinance shall be and the same is hereby repealed to the extent of such conflict.

This Ordinance shall be effective immediately upon passage and approved in the manner prescribed by law.

ORDAINED AND ENACTED by Council this 25th day of May, 2011.

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