It shall be unlawful for any person or any body
corporate to conduct a retail food establishment as defined in and
governed by Chapter XII of the New Jersey State Sanitary Code, Sanitation
in Retail Food Establishments and Food and Beverage Vending Machines,
without first having procured a license from the local Board of Health
so to do or without cost, with any or all of the provisions concerning
operation and maintenance of the same as contained in the aforementioned
Chapter XII of the State Sanitary Code.
[Amended 11-8-1990 by Ord. No. 1-90; 10-13-1993 by Ord. No.
1-93; 9-18-2019 by BOH Ord. No. 2019-01]
The fee for licensure of retail food establishments
without seating is $150 per annum, the licensure for retail food establishments
with seating is $200 per annum. The licensure for the sale of retail
foods at a temporary event is $75 per event.
[Amended 6-11-1997 by Ord. No. 97-1]
Any license issued under the terms and provisions
of this article may be suspended or revoked by the Board of Health
of this municipality for the violation by the licensee of any provision
of this article or Chapter XII of the State Sanitary Code or whenever
it shall appear that the business, trade, calling, profession or occupation
of the person, firm or corporation to whom such license was issued
is conducted in a disorderly or improper manner, or in violation of
any law of the United States, the State of New Jersey, or any ordinance
of this municipality, or that the person or persons conducting the
retail food establishment is of an unfit character to conduct the
same, or that the purpose for which the license has been issued is
being abused to the detriment of the public, or is being used for
a purpose foreign to that for which the license was issued.
No provision of this article shall be applied
so as to impose any unlawful burden on either interstate commerce
or any activity of the state or federal government.
[Added 8-10-1994 by Ord. No. 1-94; amended 10-14-2020 by BOH Ord.
No. 2020-01]
A. Training of food handler.
(1) Any person employed in a retail food establishment who routinely
comes into contact with food, beverages, utensils or food equipment
shall be required to participate in and successfully complete an approved
retail food handler's course to be conducted under the direction
of the Board of Health within one month of the date of hire.
(2) Each food handler shall be required, every three years, to participate
in and successfully complete an approved retail food handler's
course approved by Chester Township Board of Health.
B. Certification of certified food protection manager.
(1) No food establishment classified as Risk Type 2 or Risk Type 3 as
defined by N.J.A.C. 8:24-1.5, shall operate after January 1, 2021
without at least one food protection manager with a current food safety
certification acquired through a course of instruction approved by
the New Jersey State Department of Health as required by N.J.A.C.
8:24-2.1.
(2) All food protection managers shall obtain a food safety certificate.
(3) No retail food license shall be issued to a prospective establishment
that does not have a currently certified food protection manager.
(4) Each Risk Type 2 and Risk Type 3 retail food establishment must notify
the Department of Health, in writing, within 15 days, in the event
that their certified food protection manager ceases to be employed
by the establishment as food protection manager.
Any person, firm or corporation who shall violate
any of the provisions of this article shall, upon conviction, be punished
by a fine of not less than $5 nor more than $500. Each violation of
any of the provisions of this article, and each day the same is violated,
shall be deemed and taken to be a separate and distinct offense.
[Adopted 12-8-1966; amended in its entirety at time of
adoption of Code (see Ch. 171, General Provisions, Board of Health,
Art. 1)]
Chapter XII of the New Jersey State Sanitary
Code, Sanitation in Retail Food Establishments and Food and Beverage
Vending Machines, is applicable and shall be enforced in the Township
of Chester.
Copies of the Chapter XII of the State Sanitary
Code are on file in office of the Township Clerk, where they may be
examined during regular office hours.
Any person who violates any provision of or
order promulgated under Chapter XII of the State Sanitary Code shall,
upon conviction, be liable to a penalty of not less than $5 nor more
than $500 for each violation. Each day a violation continues shall
constitute a separate offense.