Borough of Wharton, NJ
Morris County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Health of the Borough of Wharton (Sec. 15-2 of the Revised General Ordinances). Amendments noted where applicable.]
GENERAL REFERENCES
Food and drink vending machines — See Ch. 386, Art. II.

§ 356-1 License required.

No person shall engage in the business of selling food or drink, or both, in the Borough without first obtaining a license from the Board of Health. All licenses must be renewed no later than December 31 of the current year, effective January 1 of the succeeding year. The fees for food and drink licenses are as follows.
A. 
Prepackaged food only: $75
B. 
Retail food establishment.
(1) 
Less than 2,000 square feet: $150.
(2) 
Two thousand to 5,000 square feet: $200.
(3) 
Over 5,000 square feet: $400.
C. 
Construction, new.
(1) 
Less than 2,000 square feet: $200.
(2) 
Two thousand to 5,000 square feet: $400.
(3) 
Over 5,000 square feet: $500.
D. 
Construction, alteration or renovation plan review.
(1) 
Less than 2,000 square feet: $200.
(2) 
Two thousand to 5,000 square feet: $400.
(3) 
Over 5,000 square feet: $500.
E. 
Revision review fee: 1/2 of original application fee.
F. 
Temporary license (14 days or less): $25.
[Amended 6-13-2011 by Ord. No. O-11-11]
G. 
Temporary license (15 to 60 days): $50.
[Amended 6-13-2011 by Ord. No. O-11-11]
H. 
Reinspection fee of retail food and beverage establishments posted as conditional or unsatisfactory: 1/2 of food and drink fee.

§ 356-2 Contents of license.

The license shall specify:
A. 
Owner of establishment, including address and telephone number.
B. 
Trade name of establishment.
C. 
Emergency contact.
D. 
Name, address and telephone number of person whom process shall be served upon.
E. 
Location of room or rooms or the building where the selling of food and drink permitted by licensed is carried on.
F. 
Types of food being sold, i.e., prepackaged, prepared on site, etc.

§ 356-3 License not transferable.

The license issued by the Board of Health shall not be transferred from one person to another nor shall it be transferable from one premises to another.

§ 356-4 Regulations.

All such licensed establishments shall be kept clean at all times. The Board of Health may, for good and sufficient reason, revoke any license, provided that the licensee or licensees shall have been given or afforded opportunity to be heard and permitted to show cause why such action should not be taken.

§ 356-5 Food handlers course.

A. 
Every retail food establishment shall be required to have at least one employee designated as a "food service manager" (FSM).
B. 
The FSM will have completed the food handlers course offered by the Wharton Health Department or a similar course approved by the Wharton Health Department.
C. 
The FSM certification shall be posted on the site in a conspicuous place.
D. 
The FSM shall complete a recertification course every three years.
E. 
All employees shall complete the food handlers course given by the Wharton Health Department at the earliest possibility.
F. 
Food establishments that do not prepare or serve potentially hazardous foods on site are exempt from these requirements.

§ 356-6 Violations and penalties. [1]

Violation of any of the provisions of this chapter shall be punishable as provided in Chapter 337, Article I, Board of Health General Penalty.
[1]
Editor's Note: Added at time of adoption of Code (see Ch. 337, General Provisions, Board of Health, Art. III).