Township of Franklin, NJ Food Establishments

Chapter 24 of the State Sanitary Code (N.J.A.C. 8:24-1.1 et seq.) regulating retail food establishments, temporary retail food establishments and agricultural markets, mobile retail food establishments, vending of food and beverages and community residences and bed-and-breakfast establishments shall be enforced in the Township of Franklin.

§ 138-2 Food handler’s training course.

[Amended 12-12-1990 by Ord. No. 1614; 2-14-2006 by Ord. No. 3591; 6-12-2012 by Ord. No. 3979]

At each establishment where food is handled, at all times when such establishment is open for business, there shall be on duty at each separate food preparation station at least one person who shall have successfully completed a food handlers training course given by the Somerset County Health Department or a similar course offered within the State of New Jersey. Nothing herein contained shall be construed to prohibit more than one person being so trained. Said training shall be valid for a period of two years.

A training log containing the employee's name, date of training and certificates of successful course completion shall be kept on site for informational purposes.

All retail food establishments shall comply with the food handlers training requirements as a condition of the license.

Any costs of an accepted food handler training course shall not be borne by the Township of Franklin or Somerset County.

§ 138-3 Applicability.

No provisions 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.

§ 138-4 License and compliance with state regulations required.

[Amended 8-12-2008 by Ord. No. 3768]

It shall be unlawful for any person to conduct a retail food establishment as defined in and governed by Chapter 24 of the State Sanitary Code, N.J.A.C. 8:24-1.1 et seq., established by this article without first having procured a license from the Township so to do and without complying with any or all of the provisions concerning the operation and maintenance of the same as contained in the aforementioned State Sanitary Code. Said license shall be effective from January 1 to December 31 of the year of issuance and shall be renewable during the month of January.

§ 138-5 License fees.

[Amended 11-14-2000 by Ord. No. 3165; 7-11-1995 by Ord. No. 1906; 1-14-1997 by Ord. No. 1988; 8-12-2008 by Ord. No. 3768; 6-12-2012 by Ord. No. 3979]

The fee for the review of building plans prior to or as part of applications for retail establishments shall be $100.

The annual fee for licensing of retail establishments are hereby fixed as follows:

(1)

Restaurants:

(a)

Capacity of one to 49 seats: $250.

(b)

Capacity of 50 to 100 seats: $350.

(c)

Capacity of 101 to 150 seats: $450.

(d)

Capacity of 151 to 200 seats: $550.

(e)

Capacity of 201 plus seats: $600.

(2)

Other than restaurants:

(a)

Less than 5,000 square feet: $250.

(b)

5,000 to 10,000 square feet: $350.

(c)

More than 10,000 square feet: $700.

The fee for nonprofit organizations possessing IRS 501C3 status with retail food operations ancillary to their primary function shall be waived.

The annual fee for licensing of other types of retail establishments are hereby fixed as follows:

(1)

Mobile trucks: $150.

(2)

Vending machines: $25.

(3)

Temporary retail food establishment:

(a)

For one location for more than 14 consecutive days and multiple events: $200. This license shall be valid from January 1 to December 31.

(b)

For one location for not more than 14 consecutive days and one event: $75.

[1]

The fee for nonprofit organizations possessing IRS 501C3 status conducting temporary retail food operations as described in this section shall be waived.

[2]

For the purpose of Subsection D(3), a "temporary retail food establishment" shall be defined as any establishment which operates at a fixed location for a temporary period of time in connection with a fair, carnival, circus, public exhibition or similar transitory gathering, including church suppers, picnics or similar organizational meeting, as well as agricultural markets conducted on a regular basis.

(4)

Infrequent retail food establishment:

(a)

Sporadic Agricultural markets, covered dish suppers or similar types of infrequent church or nonprofit-type institution meal service shall be exempt from having to procure a license as required by § 138-4, provided that all requirements of N.J.A.C. 8:24.1 through 8:24-8.12 are met.

(5)

Day-care/nursery schools

(a)

Provide lunch service: $100.

(b)

Do not provide lunch service: $50.

In the event a retail food establishment receives a "C" conditionally satisfactory or unsatisfactory rating, a fee for reinspection will be charged as follows:

[Amended 3-28-2017 by Ord. No. 4183-17]

(1)

First reinspection: $100.

(2)

Second reinspection: $200.

(3)

Third or subsequent reinspection: $300.

In the event a licensee shall have received two "C" Conditionally Satisfactory ratings in the preceding year, the license fee noted in § 138-5B shall be doubled.

Failure to renew licenses during the month of January as set forth in § 138-4 shall result in a late fee of $25 or 25% of the license fee set forth herein, whichever shall be greater.

§ 138-6 License revocation and suspension.

[Amended 10-10-2000 by Ord. No. 3162; 8-12-2008 by Ord. No. 3768; 6-12-2012 by Ord. No. 3979]

Any license issued under the terms and provisions of this article may be suspended or revoked by the Township Council for the violation by the licensee of any provision of this article or Chapter 24 of the State Sanitary Code, N.J.A.C. 8:24-11 et seq., or whenever it shall appear that the business, trade, calling, profession or occupation of the person to whom such license was issued is conducted in a disorderly or improper manner or in violation of any law of the state or any provision of this Code or other ordinance or that the person or persons conducting the retail food establishment are 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.

A license issued under the terms and provisions of this article shall not be revoked, canceled or suspended until a hearing thereon shall have been had by the Township Council.

Written notice of the time and place of such hearing shall be served upon the licensee at least two weeks prior to the date set for such hearing. Such notice shall also contain a brief statement of the grounds to be relied upon for revoking, canceling or suspending such license. Notice may be given either by personal delivery thereof to the person to be notified or by regular and certified mail to such person to be notified at the business address appearing upon the license. At the hearing before the Township Council, the person aggrieved shall have an opportunity to answer and may thereafter be heard, and, upon due consideration and deliberation by the Township Council, the complaint may be dismissed or, if the Township Council concludes that the charges have been sustained and substantiated, it may revoke, cancel or suspend the license held by the licensee.

If any such license shall have been revoked, neither the holder thereof nor any person acting for him, directly or indirectly, shall be entitled to another license to carry on the same business within the Township unless the application for such license shall be approved by the Township Council.

§ 138-7 Violation and penalties.

[Added 1-12-1993 by Ord. No. 1752]

Any person, firm or corporation who shall violate or fail to comply with any order or regulation made hereunder shall severally, for each and every violation and noncompliance, forfeit and pay a penalty as provided in Chapter 1, Article II, General Penalty. The imposition of a penalty for a violation of this article shall not excuse the violation or permit it to continue; such violation shall be remedied within a reasonable time, and each 10 days that such violation is permitted to exist shall constitute a separate offense. The application of the above penalty shall not be held to prevent the enforced removal of prohibited conditions.

Article II Inspections; Training Requirements and Costs

[Adopted 12-14-2010 by Ord. No. 3914]

§ 138-8 Inspections of food establishments.

[Amended 6-12-2012 by Ord. No. 3979]

No license shall be issued to a retail food establishment until it has passed a preopening inspection by Somerset County Health Department.

When retail food inspections are conducted by the Somerset County Health Department, the following grading system shall apply:

(1)

A" shall mean that the retail food establishment is found to be operating in substantial compliance with all local and state codes and regulations.

(2)

"B" shall mean that the retail food establishment is found to be operating in acceptable compliance with all state codes and regulations.

(3)

"C" shall mean receiving a conditionally satisfactory inspection, with three or more critical violations requiring correction and reinspection.

(a)

If the food establishment grade is "C" Conditionally Satisfactory, upon subsequent correction of violations and reinspection, the establishment can receive a grade of no higher than "B" Satisfactory until the next routine inspection.

(4)

An "unsatisfactory" rating shall mean that the retail food establishment is operating with one or more violations that constitute gross insanitary or public health hazards.

Inspections shall be performed annually, except that reinspections shall be performed where retail food establishment receives a grade of less than "B" Satisfactory.

A retail food establishment may be inspected more than once annually if the Health Officer deems it appropriate.

The retail food inspection evaluation placard shall be posted immediately in a conspicuous place near the public entrance of the establishment in such a manner that the public may view the placard.

§ 138-9 Copies of inspection reports available for public inspection.

Copies of inspection reports may be obtained by filing a request pursuant to the requirements of the Open Public Records Act, N.J.S.A. 47A:1-1 et seq., with the Somerset County Health Office at least 10 days after the inspection has been performed.[1]

[1]

Editor’s Note: Former § 138-10, Food handler’s course acknowledged and approved by Board of Health, which immediately followed this section, was repealed 6-12-2012 by Ord. No. 3979.