Pennsylvania Act 1945-369 — PUBLIC EATING AND DRINKING PLACE LAW

Act text

PUBLIC EATING AND DRINKING PLACE LAW
                  Act of May 23, 1945, P.L. 926, No. 369              Cl. 35
                                  AN ACT

     For the protection of the public health by regulating the
        conduct and operation of public eating and drinking places
        within this Commonwealth; requiring their licensing; imposing
        certain duties on the Department of Agriculture of this
        Commonwealth and on the local health authorities; and
        providing penalties. (Title amended Dec. 9, 2002, P.L.1421,
        No.179)

        The General Assembly of the Commonwealth of Pennsylvania
     hereby enacts as follows:

        Section 1.  Definitions.--"Department" shall mean the
     Department of Agriculture of the Commonwealth.
        The words "public eating or drinking place" shall mean any
     place within this Commonwealth where food or drink is served to
     or provided for the public, with or without charge: Provided,
     however, That nothing herein contained shall apply to dining
     cars operated by a railroad company in interstate commerce or a
     bed and breakfast homestead or inn.
        The word "proprietor" shall mean any person, partnership,
     association or corporation, conducting or operating within this
     Commonwealth, a public eating or drinking place.
        The word "employe" shall include any cook, waiter, kitchen
     help, chambermaid, house servant or other employe of any kind in
     a public eating or drinking place, who in any manner whatever,
     handles or comes in contact with any food or drink served to or
     provided for the public, and the proprietor or any member of the
     proprietor's family who handles said food or drink.
        "License" shall mean a grant to a licensee to conduct a
     restaurant, as defined in this act.
        "Licensor" shall mean the county department of health or
     joint-county department of health, whenever such public eating
     or drinking place is located in a political subdivision which is
     under the jurisdiction of a county department of health or
     joint-county department of health, or the health authorities of
     cities, boroughs, incorporated towns and first-class townships,
     whenever such public eating or drinking place is located in a
     city, borough, incorporated town or first-class township not
     under the jurisdiction of a county department of health or
     joint-county department of health, or the health authorities of
     second class townships and second class townships which have
     adopted a home rule charter which elect to issue licenses under
     the provisions of this act whenever such public eating and
     drinking place is located in such a second class township or
     second class township which has adopted a home rule charter not
     under the jurisdiction of a county department of health or
     joint-county department of health, or the Department of
     Agriculture, whenever such public eating or drinking place is
     located in any other area of the Commonwealth.
        The words "bed and breakfast homestead or inn" shall mean a
     private residence which contains ten or fewer bedrooms used for
     providing overnight accommodations to the public and in which
     breakfast is the only meal served and is included in the charge
     for the room.
        The words "potentially hazardous food" shall have the same
     meaning as that term is defined in the 2009 edition of the Food
     Code published by the United States Department of Health, Food
     and Drug Administration or any successor document approved by
     regulation of the department.
        (1 amended June 3, 2010, P.L.209, No.31)

        Compiler's Note:  The Department of Environmental Resources,
            referred to in this section, was abolished by Act 18 of
            1995. Its functions were transferred to the Department of
            Conservation and Natural Resources and the Department of
            Environmental Protection.
        Section 2.  From and after a period of six months after the
     effective date of this act, it shall be unlawful for any
     proprietor to conduct or operate a public eating or drinking
     place without first obtaining a license for each establishment,
     as herein provided. Such license shall be issued by the health
     authorities of cities, boroughs, incorporated towns and first-
     class townships, and, if electing to issue licenses under this
     act, second class townships and second class townships which
     have adopted a home rule charter, whenever such public eating or
     drinking place is located in a city, borough, incorporated town
     or township not under the jurisdiction of a county department of
     health or joint-county department of health, or by the county
     department of health or joint-county department of health
     whenever such public eating or drinking place is located in a
     political subdivision which is under the jurisdiction of a
     county department of health or joint-county department of
     health, or in those townships of the second class which are not
     under the jurisdiction of a county department of health or
     joint-county department of health and which do not elect to
     issue licenses under this act, by the department. No license
     shall be issued until inspection of the premises, facilities and
     equipment has been made by the licensor, and they are found
     adequate to the protection of the public health and comfort of
     patrons. No license shall be issued until the proprietor
     exhibits proof that he has applied for or received a sales and
     use tax license or exemption certificate from the Department of
     Revenue. The fee for such license shall be one dollar ($1.00) or
     as established by ordinance of the governing body or by State
     law and shall be paid into the city, borough, incorporated town,
     township or county treasury, or to the State Treasury through
     the Department of Revenue, depending upon the location of such
     public eating or drinking place. The license shall be renewed
     annually.
        Whenever any proprietor maintains more than one public eating
     or drinking place within the Commonwealth, he shall be required
     to apply for and procure a license for each eating or drinking
     place.
        (2 amended June 25, 1992, P.L.318, No.62)
        Compiler's Note:  Section 6(a) of Act 48 of 1981, which
            provided for the fixing of fees charged by administrative
            agencies, provided that section 2 is repealed insofar as
            it establishes a set fee for any activity inconsistent
            with the fees set forth in Act 48.
        Section 3.  Any person owning or operating, or desiring to
     operate a public eating or drinking place, or public eating and
     drinking places within this Commonwealth, shall within thirty
     (30) days after the effective date hereof make application for
     license to the licensor on forms furnished by the licensor. Said
     forms shall be uniform throughout the Commonwealth and shall set
     forth such information, as the department may require, including
     the name and address of the applicant, together with all the
     other information deemed necessary. Before granting any license
     the licensor shall visit and inspect the restaurant or premises
     on which the applicant conducts or proposes to conduct his
     business. The licensor may refuse to issue a license if the
     premises on which the applicant conducts or proposes to conduct
     his business or his equipment do not meet the requirements of
     this act, or the rules and regulations of the department. The
     licensor shall state in writing to the applicant the reason for
     such refusal.
        Section 4.  Licenses shall be granted for a period of one
     year from date of issue. Application for renewal shall be made
     one month before expiration of existing license. A license
     granted under the provisions of this act shall be renewed, if on
     inspection by the licensor, the conditions specified in section
     three of this act with respect to the premises and equipment are
     fulfilled.
        Compiler's Note:  Section 6(a) of Act 48 of 1981, which
            provided for the fixing of fees charged by administrative
            agencies, provided that section 4 is repealed insofar as
            it establishes a set fee for any activity inconsistent
            with the fees set forth in Act 48.
        Section 5.  Licenses, herein provided for, shall specify the
     date of issuance, the period which is covered, the name of the
     licensee and the place licensed. Such licenses shall be
     conspicuously displayed at all times in the place thereby
     licensed. Licenses shall not be transferable.
        Section 6.  Powers of the Department.--(a)  The department
     shall make such reasonable rules and regulations as may be
     deemed necessary for carrying out the provisions and intent of
     this act.
        (b)  The department may on its own motion, or on complaint
     after investigation and hearing, at which the licensee shall be
     afforded an opportunity to be heard, suspend or revoke any
     license for any violation by the licensee, his partner, agent,
     servant or employe of the provisions of this act or of any other
     act relating to the public health and being applicable to such
     public eating or drinking place, or of the rules and regulations
     of the department, or of any of the terms, conditions or
     provisions of the license by the licensee, or any of the agents,
     servants or employes of such licensee. Notice of suspension or
     revocation, and the reasons therefor, as well as any required
     notice of hearing, shall be given in writing to the licensee at
     the address contained in the license. Suspension of license
     shall be terminated when the violation for which it was imposed
     has been found, upon inspection, to have been corrected.
     Whenever a license is suspended or revoked no part of the fee
     paid therefor shall be returned to the holder.
        (c)  The department shall provide for the inspection of
     school cafeterias and for training of school cafeteria personnel
     in accordance with the standards applied to public eating and
     drinking places. ((c) added Dec. 9, 2002, P.L.1421, No.179)
        Section 7.  No proprietor shall have or keep in his employ
     any employe who is a typhoid fever carrier, or a carrier of
     other intestinal infections, or of diphtheria, or who is
     suffering from active tuberculosis, or syphilis in its
     transmissible stage, or who, has any infectious disease or open
     external lesion, nor shall the proprietor himself or any member
     of his family under the same conditions have anything to do with
     the handling, preparation, serving or providing of food or drink
     to the public.
        Section 8.  No proprietor shall furnish any towel or napkin
     (except paper towels and napkins) to any patron of a public
     eating or drinking place, unless such towel or napkin be
     laundered after each individual use thereof, nor shall there be
     furnished to the patrons of such public eating or drinking
     places any dish, glass or other receptable or utensil used in
     eating or drinking which has not been thoroughly cleansed in the
     manner prescribed by the regulations of the department since its
     use by another individual.
        Section 9.  In every public eating or drinking place,
     kitchens, dining rooms, cellars, ice-boxes, refrigerators and
     all places where foods are prepared, kept or stored and all
     kitchen-ware, table-ware, glass-ware, cutlery, utensils,
     containers or other utensils and machinery used in moving,
     handling, cutting, mixing, preparing or serving foods shall be
     kept in a clean and sanitary condition and be protected from
     dust, dirt, insects and vermin in the manner prescribed by the
     regulations of the department. The clothing and hands of
     employes shall at all times be clean and sanitary. No domestic
     pets or other animals shall be permitted where food or drink is
     prepared, handled or stored. No person shall be permitted to use
     for sleeping purposes any room or place in any public eating or
     drinking place which is regularly and customarily used for the
     preparation, handling, storing or serving of food.
        Section 10.  All toilets and water-closets, lavatories, tubs,
     sinks and drains used in or in connection with any public eating
     or drinking place shall at all times be kept in a clean and
     sanitary condition.
        Section 11.  Any proprietor who, after investigation made by
     the licensor, has failed or refused after a reasonable interval
     to correct conditions found to constitute a violation of this
     act, or of the regulations of the department pertaining to
     public eating or drinking places, shall have his license
     revoked.
        Section 12.  (12 repealed Apr. 28, 1978, P.L.202, No.53)
        Section 12.1.  Officials of schools shall cooperate with the
     department in the conduct of school cafeteria health and safety
     inspections and shall participate in inspection services and
     training programs made available by the department.
        (12.1 added Dec. 9, 2002, P.L.1421, No.179)
        Section 13.  Any proprietor who shall violate any of the
     provisions of this act shall, upon conviction thereof, in a
     summary proceeding before any justice of the peace, alderman or
     magistrate in the county in which the offense was committed, be
     sentenced to pay a fine of not less than ten dollars ($10.00),
     nor more than fifty dollars ($50.00), to be paid to said county,
     and the costs of prosecution. Upon each subsequent conviction he
     shall be fined not less than twenty-five dollars ($25.00) and
     costs of prosecution, and in default of payment of such fine and
     costs, shall be confined in the county jail for a period of not
     more than thirty (30) days.
        Section 13.1.  This act shall not apply to food that meets
     all of the following requirements:
        (1)  The food is not potentially hazardous food.
        (2)  The food is prepared in a private home.
        (3)  The food is used or offered for human consumption by any
     of the following organizations:
        (i)  a tax-exempt organization under section 501(c)(3) of the
     Internal Revenue Code of 1986 (Public Law 99-514, 26 U.S.C. §
     501(c)(3));
        (ii)  a volunteer fire company or an ambulance, religious,
     charitable, fraternal, veterans, civic, sportsmen, agricultural
     fair or agricultural association or any separately chartered
     auxiliary of any of these associations, on a not-for-profit
     basis; or
        (iii)  an organization that is established to promote and
     encourage participation and support for extracurricular
     recreational activities for youth of primary and secondary
     public, private and parochial school systems on a not-for-profit
     basis.
        (4)  The organization that uses or offers the food for human
     consumption informs consumers that the organization uses or
     offers food that has been prepared in private homes that are not
     licensed or inspected.
        (5)  The food is donated to an organization described under
     paragraph (3).
        (13.1 added June 3, 2010, P.L.209, No.31)
        Section 14.  This act shall become effective immediately upon
     its final enactment.
        Section 15.  The act, approved the twenty-seventh day of
     April, one thousand nine hundred twenty-seven (Pamphlet Laws,
     four hundred thirty-seven), entitled "An act for the protection
     of the public health; by regulating the conduct and operation of
     public eating and drinking places within this Commonwealth;
     imposing certain duties on the Department of Health of this
     Commonwealth, and on the local health authorities; and providing
     penalties," as amended, and all other acts and parts of acts
     inconsistent herewith are hereby repealed.