[HISTORY: Adopted by the governing body of
the Township of Little Falls by Ord. No. 873 (Sec. 4-14.1 of the 1995 Revised General
Ordinances). Amendments noted where applicable.]
[Amended 3-23-2020 by Ord. No. 1380]
No person shall operate any retail food establishment,
permanent, temporary or itinerant as defined herein, or food or beverage
vending machine unless a license to operate the same shall have been
issued by the Board of Health. Such license shall be posted in a conspicuous
place in such establishments. All premises, whether permanent or temporary
shall be inspected by the Health Officer as prescribed by law.
A.
CATERER
EMPLOYEE
FOOD DEMONSTRATION
FOOD-PREPARATION-AND-VENDING VEHICLE
FOOD-VENDING VEHICLE
HEALTH DEPARTMENT
HEALTH OFFICER
ITINERANT RESTAURANT AND SALES
RESTAURANT
Definitions.
As used in this chapter, the following terms shall have the meanings
indicated:
A person, firm or corporation who or which provides, distributes
or serves food and drink for consumption in a place other than on
his or its own premises (off-premises consumption) where said food
and drink are prepared in consumable form. Including Supermarkets
Any person who handles food or drink during preparation or
serving, who comes in contact with any eating or cooking utensils
or who is employed in a room in which food or drink is prepared or
served.
Such act or operation wherein any person, firm or corporation,
for purposes of advertising or promotion, prepares, exhibits or displays
and gratuitously or otherwise provides, distributes or serves food
or drink for public consumption.
Includes a vehicle, as such term is defined in N.J.S.A. 39:1-1,
which is used for the sale, distribution and service of food which
has been prepared and/or packaged, in whole or in part, within such
vehicle.
A vehicle, as said term is defined in N.J.S.A. 39:1-1, which
is used for sale, distribution or service of food which has been prepared
and packaged in a commissary, restaurant or kitchen which complies
with the provisions of this chapter.
The Health Department of the City of Clifton.
The Health Officer of the City.
Includes food demonstrators, carnivals, sidewalk fairs, farmers
markets and any retail food operation, or sale of goods whether for
profit or nonprofit, operating for a temporary period not exceeding
10 events and not having a degree of permanence attached to the operation.
Includes any restaurant, coffee shop, cafeteria, short-order
cafe, luncheonette, drive-in food or refreshment stand having a parking
area for five or more vehicles served by a carhop or where the occupants
of the vehicle leave said vehicle to be served, tavern (which consists
solely of a bar, not having kitchen facilities on the premises and
providing food of any kind), sandwich stand, soda fountain, drugstore
and soda fountain serving food, in-plant feeding establishments, private
and semiprivate clubs, food-vending vehicles, pushcart vendors and
caterers, as well as kitchens or other places in which food or drink
is prepared or stored for sale or public consumption on the licensed
premises, said premises extending to the geographic area immediately
surrounding the establishment to include such facilities as parking
areas, surrounding sidewalks, outdoor verandas, etc.
[Amended 12-22-2008 by Ord. No. 1060; 3-23-2020 by Ord. No. 1380]
There shall be a fee established as set forth in Chapter 71, Fees, for a license or license approval issued pursuant to this section. Retail food establishment licenses and associated fees shall be defined as follows:
A.
Class I, Food and Drink Restaurant: any retail or
wholesale food establishment including those defined in Chapter 24
of the New Jersey State Sanitary Code in which food or drink is prepared,
served, handled or provided for the public with or without charge.
B.
Class II, Caterer: a person, firm or corporation who
or which provides, distributes or serves food and drink for consumption
in a place other than on his or its own premises (off-premises consumption)
where said food and drink are prepared in consumable form; or Class
II, Supermarket: any nonseating or prepackaged food establishment
as defined in Class I which is 12,000 square feet or more.
C.
Class III, School: any food establishment as defined
as an educational facility.
D.
Class IV, Food Preparation and Vending Vehicle/ Food-Vending
Vehicle, Mobile Food and Drink: shall include any motor vehicle or
any vehicle cart, or bicycle of any kind, including hand-carried portable
containers, in which food or drink is transported, stored or prepared
at temporary locations.
E.
Class V, Itinerant Restaurant and Sales, Temporary
Retail Food Establishment: any food establishment as defined in Class
I includes food demonstrators, carnivals, sidewalk fairs, farmers
markets and any retail food operation or sale of goods whether for
profit or nonprofit, operating for a temporary period not exceeding
10 events and not having a degree of permanence attached to the operation.
F.
Class VI, Vending Machine: any self-service device
which, upon insertion of a coin, paper currency, token, card, key
or by any other means, dispenses unit servings of food, either in
bulk or in packages without the necessity of replenishing the device
between each vending operation.
G.
Class VII, Farmers Market and/or Green Fair. There shall be a fee established as set forth in Chapter 71, Fees, for a license or license approval issued pursuant to this section.
[Amended 8-9-2021 by Ord. No. 1421]
H.
Class VII, Nonprofit: any food establishment as defined
in Class I which has been provided with a Federal Internal Revenue
Service tax exemption number and prepares or handles food and drink
and serves to the general public.
Licenses issued pursuant to this chapter shall
expire annually on December 31 of each year, and the fee therefor
shall not be prorated from the date of issuance. Applications for
renewal thereof shall be submitted, together with the required fee,
prior to December 15 of each year.
Licenses issued pursuant to this chapter shall
not be transferable, nor shall they be construed as authorizing the
licensee or licensees to carry on the business at any place other
than that specified in the license itself.
A license issued pursuant to this chapter may
be revoked by the Township Board of Health for any good or sufficient
reason, provided that due notice thereof shall be given to the licensee,
and a hearing held before the Board of Health, at which time an opportunity
shall be afforded the licensee to show cause why the license should
not be revoked.
