City of Long Branch, NJ General Provisions

It shall be unlawful for any person to operate a retail food establishment as defined in and governed by N.J.A.C. 8:24 et seq. within the City of Long Branch without first having procured a license from the Department; provided, however, that an application having been submitted and received in accordance with the terms and procedures of this article may be considered by the Department as permission to operate on a provisional basis.

§ 181-3 Licensing procedure and terms.

The operator of a retail food establishment shall apply for said license in writing and on a form provided by the Department.

Such application shall be submitted to the Department prior to December 31 of each year or 30 days prior to the proposed starting date of operation if not previously licensed.

A license shall be issued only after an application has been submitted, reviewed and approved.

Approval of the application shall be contingent upon:

(1)

The application being complete, accurate, signed by the operator and otherwise in order.

(2)

The tendering of the applicable license fee.

(3)

A "satisfactory" inspection evaluation, based on the standards set forth in N.J.A.C. 8:24 et seq.

[Amended 10-27-1998 by Ord. No. 36-98]

(4)

Attendance by the applicant or his appropriate representative at a periodic food handlers training course conducted or otherwise sponsored by the Department.[1]

[1]

Editor's Note: See § 181-3.1, Food handlers training course.

The license shall be effective for the given calendar year, January 1 through December 31, regardless of the date issued and shall be renewable annually.

Any operator whose license is not duly renewed by January 31 of any given year because of failure to submit an application on time shall be in violation of this article.

§ 181-3.1 Food handlers training course.

[Added 8-11-1998 by Ord. No. 23-98]

The operator of any retail food establishment must attend a food handlers training course offered by the Health Department or present a certificate from a course acceptable to the Health Department, and/or one manager or other responsible individual from each shift must attend a food handlers training course offered by the Health Department or present a certificate from a course acceptable to the Health Department.

Anytime a food establishment is inspected and found to be less than satisfactory the operator or his/her representative must attend a food handlers training course.

The fee for this course is $25 per individual. The Health Department shall permit a group rate of $200. All individuals attending the course will receive a certificate.

The City Health Officer or designated representative will oversee administration of this regulation and the necessary interpretation.

§ 181-4 License fee.

[Amended 11-12-1977 by Ord. No. 37-97]

Upon application for said license, the applicant shall tender the license fee in accordance with the following as determined by the Department, which fee shall include any inspections made by the City:

[Amended 12-26-2007 by Ord. No. 50-07]

(1)

Basic fee: $100.

[Amended 2-26-2020 by Ord. No. 10-20]

(2)

From an establishment engaged in the preparation, processing, packaging or serving of food: $150.

[Amended 2-26-2020 by Ord. No. 10-20]

(3)

From an establishment engaged in the preparation, processing, packaging or serving of food with equal to or greater than 5,000 square feet of area: $200.

[Amended 2-26-2020 by Ord. No. 10-20]

(4)

Special events. There shall be a licensing fee of $50 for each vendor who will appear at a special event. This fee shall be per event per vendor. A special event is defined as an event taking place in the City of Long Branch for which municipal approvals are required.

(5)

Mobile retail food establishments. An annual licensing fee of $50 shall be due and owing to the licensing of mobile retail food establishments as defined in N.J.A.C. 8:24-1 et seq., as amended.

(6)

Plan review fee.

[Amended 2-26-2020 by Ord. No. 10-20]

(a)

A plan review fee shall be required for any retail food establishment plan which is submitted pursuant to N.J.A.C. 8:24-11.1 et seq., as amended, according to the following seating capacities or square footage for those without seated dining:

[1]

Up to 25 seats: $100.

[2]

From 26 to 100 seats: $250.

[3]

More than 100 seats: $500.

[4]

Up to 4,000 square feet: $150.

[5]

From 4,001 to 10,000 square feet: $400.

[6]

More than 10,000 square feet: $600.

[Amended 10-28-2020 by Ord. No. 22-20]

(b)

Plan review fee for any food establishment limited plan alteration shall be $125 per plan.

(7)

Late fee. A late fee of $25 shall be required for any renewal of an application for a license under § 181-4A(1) through (3) of this chapter submitted after January 31 of the effective year of the license.

There shall be no exemptions from any of the above licensing fees. However, the Council of the City of Long Branch may annually approve a request for an exemption. Such Council-approved exemptions shall be for a one-year period only and shall not automatically renew.

The Director of Health is empowered to create and promulgate forms and regulations for the processing of licensing applications and fees pursuant to this section.

§ 181-5 Revocation or suspension of license.

Any license issued under the terms and provisions of this article may be revoked or suspended by the Department for the violation by the licensee of any provision of this article or of N.J.A.C. 8:24 et seq.

[Amended 10-27-1998 by Ord. No. 36-98]

It shall be unlawful for any person to operate a retail food establishment, the license of which has been revoked or suspended.

A license shall not be revoked or suspended until the licensee shall have been afforded the opportunity of a hearing before the Health Officer to show cause why such license should not be so revoked or suspended.

(1)

Written notice of the time and place of such hearing shall be served upon the licensee at least three days prior to the date set forth for such hearing.

(2)

The notice shall contain a brief statement of the grounds relied upon for such revocation or suspension.

(3)

The notice shall be served via certified mail, return receipt requested, or via hand-delivery by a representative of the Department or by the City Police Department.

§ 181-6 Closure.

An order to close an establishment may be issued in accordance with the enforcement provisions of N.J.A.C. 8:24 et seq. and N.J.S.A. 24:15-11. The Department may request of an operator voluntary closure of his establishment in lieu of prosecution whenever the establishment:

[Amended 10-27-1998 by Ord. No. 36-98]

(1)

Has received an inspection evaluation of "unsatisfactory."

(2)

Has received three consecutive inspection evaluations of "conditionally satisfactory."

(3)

Presents a condition which is a threat to the public health.

If such a request to voluntarily close is denied, the Department may start an action at law, including a request for a court injunction closing the establishment.

§ 181-7 Violations and penalties.

[Amended 10-27-1998 by Ord. No. 36-98]

Any person, firm or corporation who shall violate any of the provisions of this article shall, upon conviction, be punishable as provided in Chapter 1, General Provision, Article I, for 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.

§ 181-8 Remedy not exclusive; severability.

The provisions of this article are not intended to be exclusive or to supersede any other remedies provided by law or ordinance. If any clause, sentence, paragraph, section or part of this article shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, section or part thereof directly involved in the controversy in which such judgment shall have been rendered.