[HISTORY: Adopted by the Board of Commissioners
of the Town of West New York as indicated in article histories. Amendments
noted where applicable.]
[Adopted 4-27-1967 by Ord. No. 971]
[Amended 10-19-1977 by Ord. No. 1261]
It shall be unlawful for any person or any body
corporate to conduct a retail food establishment as defined in and
governed by Chapter 12 of the New Jersey State Sanitary Code without
first having procured a license from the Board of Commissioners so
to do or without complying with any or all of the provisions concerning
operation and maintenance of the same as contained in the aforementioned
Chapter 12 of the New Jersey State Sanitary Code.
[Amended 5-15-1968 by Ord. No. 999; 10-19-1977 by Ord. No. 1261]
The fees for licensure of retail food establishments are hereby fixed as provided in Chapter 186, Fees, Article II, Health Department Fees.
A.
Any license issued under the terms and provisions
of this chapter shall not be transferable.
B.
Any license issued under the terms and provisions
of this chapter shall be valid for a period not longer than one year,
expiring on the 31st day of May of each year.
C.
Any application for the issuance or renewal of any
license issued or to be issued under the terms and provisions of this
chapter shall be made no later than the first day of May.
[Added 4-19-2018 by Ord.
No. 8/18]
A.
Whenever, upon inspection, any licensee, facility or entity licensed under Chapter 207 of the Code of the Town of West New York or any licensee, facility or establishment defined in N.J.A.C. 8:24 (retail food establishments) is issued an unsatisfactory or a conditional satisfactory rating by the local health authority which requires a reinspection, a reinspection fee of $150 shall be paid directly to the local health authority.
B.
Said fee shall be paid by the owner, owners, managers, management
agency or operator of any aforementioned licensee, facility or entity
listed above directly to the local health authority within 30 business
days of notice of an unsatisfactory or conditional satisfactory rating.
[Amended 10-19-1977 by Ord. No. 1261]
A.
Any license issued under the terms and provisions
of this chapter may be suspended or revoked by the Board of Commissioners
of this municipality for the violation by the licensee of any provision
of this chapter or Chapter 12 of the New Jersey 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.
B.
A license issued under the terms and provisions of
this chapter shall not be revoked, canceled or suspended until a hearing
thereon shall have been had by the Board of Commissioners. 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 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 be deposited in the United States Post Office in
a sealed envelope, postage prepaid, addressed to such person to be
notified at the business address appearing upon said license. At the
hearing before the Board of Commissioners, the person aggrieved shall
have an opportunity to answer and may thereafter be heard, and upon
due consideration and deliberation by the Board of Commissioners,
the complaint may be dismissed, or if the governing body concludes
that the charges have been sustained and substantiated, it may revoke,
cancel or suspend the license held by the licensee.
C.
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 town unless the application for such license shall be approved
by the Board of Commissioners.
No provisions of this chapter shall be applied
so as to impose any unlawful burden on either interstate commerce
or any activity of the state or federal government.
[Amended 10-19-1977 by Ord. No. 1261]
Any person, firm or corporation who shall violate any of the provisions of this chapter, shall, upon conviction, be punished as provided for in Chapter 1, General Provisions, Article I, and each violation of any of the provisions of this chapter and each day the same is violated shall be deemed and taken to be a separate and distinct offense.
[Adopted 3-2-1983 by Ord. No. 1592]
This chapter shall be known as the "Food Handler's
Ordinance of the Town of West New York."
As used in this chapter, the following terms
shall have the meanings indicated:
Includes any drink or beverage intended for human consumption.
Includes any person within the definition of "person," including
mobile food vendors and peddlers.
Any individual, firm, corporation, society, partnership or
association engaged in the business or service of preparing, cooking,
packaging, selling, trading, exchanging, donating, processing, curing,
manufacturing or wrapping exposed, unpackaged, new, uncooked or otherwise
open or unprocessed meat, poultry, vegetables, fruit, milk products
or other items classified under common understanding within the category
of "food or drink intended for human consumption." The singular shall
be construed to include the plural, and the plural shall be construed
to include the singular.
On and after April 1, 1983, no person shall
engage in or be employed within the Town of West New York in the business
or service of preparing, cooking, packaging, curing, manufacturing
or wrapping exposed, unpackaged, new, uncooked or otherwise open,
or unprocessed meat, poultry, vegetables, fruit, milk products or
other items classified under common understanding within the category
of "food or drink intended for human consumption" without having first
obtained a food handler's certificate upon written application therefor
from the Department of Health of the Town of West New York.
A.
The food handler's certificate to be applied for under § 207-3 hereof shall not be issued or granted to any person unless said person shall have first successfully completed a general course of instruction in health education, sanitation, personal hygiene, food poisoning, dishwashing procedures, germs, insects, rodents and other related health matters. The course of instruction shall be given under the supervision of the Department of Health of the Town of West New York pursuant to its rules or regulations concerning the course.
B.
The Department of Health shall be authorized to issue
provisional food handler's certificates to persons engaged in the
business or service of preparing, cooking, packaging, selling, trading,
exchanging, donating, processing, curing, manufacturing or wrapping
exposed, unpackaged, new, uncooked or otherwise open or unprocessed
meat, poultry, vegetables, fruit, milk products or other items classified
under common understanding, within the category of "food or drink
intended for human consumption" in such cases wherein the course of
instruction as required hereunder cannot be completed by the applicant
within a reasonable time following the filing of the application for
said course as a result of overcrowded enrollments in said sanitation
course required hereunder. All such provisional certificates, however,
shall be replaced with permanent certificates upon successful completion
of the required course, provided that holders of provisional certificates
shall promptly attend courses of instruction as available when directed
in written notice from Board of Health. If a holder of a provisional
certificate shall fail to attend the course directed in the written
notice, the Board of Health shall, based solely on the fact of nonattendance,
revoke the provisional certificate, but such revocation shall not
affect the right of the holder to attend the next course offered and
qualify for a food handler's certificate.
Any person who is unable to attend the course
of instruction may, with the prior written permission from the Department
of Health of the Town of West New York, attend other comparable sanitation
courses furnished by the state or other municipalities, and proof
of having successfully completed such other comparable course or courses
shall be deemed full compliance with the course requirement of this
chapter. Notwithstanding this provision, such person shall apply to
the Department of Health of the Town of West New York for a food handler's
certificate, as required in this chapter.
On and after April 1, 1983, all newly employed
persons or persons newly engaged in the business or service of preparing,
cooking, packaging, selling, trading, exchanging, donating, processing,
curing, manufacturing or wrapping exposed, unpackaged, new, uncooked
or otherwise open or unprocessed meat, poultry, vegetables, fruit,
milk products or other items classified under common understanding
within the category of "food or drink intended for human consumption"
shall have a period of 10 days from the date of commencement of their
employment or from the date of commencement of their business activities,
within which to make application for the sanitation course and an
additional 20 days thereafter to qualify for the issuance of their
food handler's certificate as herein provided.
All persons holding a food handler's certificate
shall be required to renew said certificate through the Department
of Health of the Town of West New York on or before April 1 of each
calendar year. No certificate holder, however, who has already completed
the required sanitation course of instruction hereunder, shall be
required to take any further course of instruction in connection with
any renewal application of a previously held food handler's certificate,
it being the intention of this chapter to require but one course of
instruction for all persons holding such certificates; provided, however,
that this section shall not prevent the Board of Health from requiring
all certificate holders to take supplemental lectures devoted to a
topic not covered in the original course as a condition for renewal
of the certificate.
No person to whom a food handler's certificate
is issued or granted shall give, loan, transfer or permit the same
to be used by any other person for any purpose whatsoever nor is such
license transferable or assignable to another person. Each person
issued a certificate shall prominently display the certificate on
a wall or other place of public notice within the premises in which
the person engages in the food handling activity. Mobile vendors shall
prominently display the certificate on their cart or other sales apparatus.
It is a condition of continued certification that the holder produce
the certificate upon request of any police officer, Board of Health
Inspector or other municipal officer or employee.
All employers engaged in the business or service
of preparing, cooking, packaging, selling, trading, exchanging, donating,
processing, curing, manufacturing or wrapping exposed, unpackaged,
new, uncooked or otherwise open or unprocessed meat, poultry, vegetables,
fruit, milk products or other items classified under common understanding
within the category of "food or drink intended for human consumption"
shall be required at all times to keep and maintain accurate records
of each employee listing the following information: the name and address
of said employee; the date of employment; the date and number of the
food handler's certificate as issued to each such employee. All such
records shall be available at all times for inspection by the Department
of Health of the Town of West New York or its duly authorized agents
or representatives.
The Department of Health shall have the authority
to suspend or revoke any food handler's certificate issued hereunder,
but only for good cause shown and after three days prior written notice
to the person holding such food handler's certificate.
Each holder of a food handler's certificate
shall pay to the Town of West New York a fee of $10 upon issuance
and an annual renewal fee of $10. There shall be a fee of $5 chargeable
for the provisional certificate. Any person engaged solely in a federal,
state, county or municipal governmental function or solely in any
charitable, civic or political organization function shall be exempted
from payment of the aforesaid fees but shall still be required to
qualify for and obtain a food handler's certificate.
[Added 4-19-2018 by Ord.
No. 8/18]
A.
Whenever, upon inspection, any licensee, facility or entity licensed under Chapter 207 of the Code of the Town of West New York or any licensee, facility or establishment defined in N.J.A.C. 8:24 (retail food establishments) is issued an unsatisfactory or a conditional satisfactory rating by the local health authority which requires a reinspection, a reinspection fee of $150 shall be paid directly to the local health authority.
B.
Said fee shall be paid by the owner, owners, managers, management
agency or operator of any aforementioned licensee, facility or entity
listed above directly to the local health authority within 30 business
days of notice of an unsatisfactory or conditional satisfactory rating.
Any person violating any of the provisions of
this chapter shall, upon conviction thereof, be liable for a fine
not to exceed $500 or imprisonment in the County Jail for a term not
exceeding 90 days, or both.
