City of Clifton, NJ
Passaic County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Municipal Council of the City of Clifton 12-20-1960 by Ord. No. 3319 as Chapter 26 of the Revised Ordinances of the City of Clifton, New Jersey, 1960. Amendments noted where applicable.]
GENERAL REFERENCES
Health Department — See Ch. 47.
Alcoholic beverages — See Ch. 137.
Food-handling establishments — See Ch. 245.
Foodstuffs — See Ch. 247.
Garbage, rubbish and refuse — See Ch. 261.
Licensed businesses — See Ch. 303.
Meats — See Ch. 311.
Milk and milk products — See Ch. 315.
Outdoor cafes — See Ch. 377.

§ 367-1 Definitions.

[Amended 6-6-1961 by Ord. No. 3354; 2-20-1962 by Ord. No. 3415; 5-2-1972 by Ord. No. 4101-72; 7-19-1977 by Ord. No. 4417-77]
As used in this chapter, the following terms shall have the meanings indicated:
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.
EMPLOYEE
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.
FOOD DEMONSTRATION
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.
FOOD-PREPARATION AND -VENDING VEHICLE
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.
FOOD-VENDING 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.
HEALTH DEPARTMENT
The Health Department of the City.
HEALTH OFFICER
The Health Officer of the City.
ITINERANT RESTAURANT
Includes food demonstrators, carnivals, sidewalk fairs and any retail food operation, whether for profit or nonprofit, operating for a temporary period not exceeding 10 days and not having a degree of permanence attached to the operation.
LICENSE - CLASS A
A license issued by the City of Clifton that permits the operation of a food-vending vehicle without restriction.
[Added 7-7-1998 by Ord. No. 5976-98]
LICENSE - CLASS B
A license issued by the City of Clifton that permits the operation of a food vending vehicle between the hours of 5:00 p.m. and 7:00 p.m. and is limited to no more than four stops within the City of Clifton.
[Added 7-7-1998 by Ord. No. 5976-98]
RESTAURANT
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.

§ 367-2 License required.

A. 
It shall be unlawful for any person to operate a restaurant in the City without first obtaining a license therefor granted and issued in the manner hereinafter set forth in this chapter. Only persons who comply with the requirements of this chapter shall be entitled to receive and retain such license.
B. 
All licenses issued under this chapter shall be posted in a conspicuous place upon the licensed premises.
C. 
No further Class A licenses shall be issued for food-vending vehicles unless and until the number of such licenses issued and outstanding is fewer than 20, it being the intent of this subsection that not more than 20 Class A licenses shall be issued and outstanding for food-vending vehicles. The number of Class B licenses for food-vending vehicles that shall be issued and outstanding at any time shall not exceed five. The provisions of this subsection shall not apply to renewals of existing licenses.
[Added 9-19-1967 by Ord. No. 3793; amended 5-7-1968 by Ord. No. 3837; 12-2-1975 by Ord. No. 4307-75; 1-6-1981 by Ord. No. 4620-81; 10-31-1986 by Ord. No. 5112-86; 7-7-1998 by Ord. No. 5976-98]

§ 367-3 Term of license.

Licenses under this chapter shall be issued for a term of one year, commencing on January 1 and expiring on December 31 of the year of its issuance, unless sooner revoked.

§ 367-4 License fees; reinspection fees.

[Amended 2-20-1962 by Ord. No. 3415; 7-19-1977 by Ord. No. 4417-77; 1-6-1981 by Ord. No. 4620-81; 4-7-1987 by Ord. No. 5148-87; 4-1-1997 by Ord. No. 5883-97; 7-7-1998 by Ord. No. 5976-98; 12-16-2003 by Ord. No. 6387-03; 6-19-2007 by Ord. No. 6669-07; 1-2-2008 by Ord. No. 6711-08; 1-5-2009 by Ord. No. 6788-09; 2-15-2011 by Ord. No. 6930-11; 5-21-2013 by Ord. No. 7093-13]
A. 
The annual license fee for each establishment, which shall accompany the application, shall be in accordance with the following schedule:
[Amended 1-3-2017 by Ord. No. 7344-17]
Type
Fee
Restaurants
Seating capacity of less than 25
$130
Seating capacity of 26 to 50
$205
Seating capacity of 51 to 100
$325
Seating capacity of 101 to 150
$410
Seating capacity of more than 150
$440
Drive-in
$75
Caterers
$140
Food-vending vehicles:
Class A license
$350
Class B license
$200
Itinerant restaurants and food demonstration
$100
B. 
For any reinspection required for any reason during any calendar year, there shall be a reinspection fee as follows:
[Amended 1-3-2017 by Ord. No. 7344-17]
(1) 
Initial permit up to $155: $100.
(2) 
Initial permit between $156 and $299: $175.
(3) 
Initial permit over $299: $225.
(4) 
Initial permit over $499: $300.
C. 
For plan review of any eating establishment as per the enforcing official: $100. All plan review shall be in accordance with N.J.A.C. 8:24, Chapter 24, Subchapter 9, Review of Plans.
D. 
Nothing in this section shall apply to in-plant feeding establishments where the same are operated on a nonprofit basis for the exclusive use of employees and under the direct control of the plant management. All other requirements and standards of this chapter shall, however, be met and complied with by such establishments.

§ 367-5 Application for license.

[Amended 11-14-1966 by Ord. No. 3731; 7-19-1977 by Ord. No. 4417-77; 10-4-1977 by Ord. No. 4425-77]
A. 
Any person desiring a license under this chapter shall file with the City Health Department an original and four copies of an application, under oath, in writing, on a form furnished by the City Health Department.
B. 
The application shall set forth the following information:
(1) 
The applicant's name, business name and business address.
(2) 
Whether the applicant is an individual, a partnership, a corporation or another entity and, if another entity, a full explanation and description thereof.
(3) 
If the applicant is an individual, the applicant's residence address and date and place of birth.
(4) 
If the applicant is a partnership, the full names, residence addresses, dates and places of birth of each partner.
(5) 
If the applicant is a corporation or other entity, in the case of a corporation, the full names, residence addresses, dates and places of birth of each major officer and each stockholder, the name and address of the registered agent and the address of the principal office (The term "stockholder," as used herein, means and includes any person owning or having an interest, either legal or equitable, in 10% or more of the stock issued and outstanding of the applicant corporation.); in the case of another entity, the full names, residence addresses, dates and places of birth of each person owning or having any interest, either legal or equitable, aggregating in value 10% or more of the total capital of said entity, the name and address of the registered agent, if any, and the address of the principal office.
(6) 
Whether the applicant or any partners, officers or stockholders thereof have ever been arrested or convicted of a crime, and, if so, the name of the person arrested or convicted, the date of arrest, the crime or charge involved and the disposition thereof. The term "officers," as used herein, means and includes the president, vice presidents, secretary and treasurer of a corporate applicant.
(7) 
A description of the premises or vehicles sought to be licensed.
(8) 
If the applicant is not the owner of the premises or vehicle sought to be licensed, the interest of the applicant shall be stated.
(9) 
If the premises proposed to be licensed are used wholly or partially for purposes other than a restaurant, such use and whether it is licensed shall be stated.

§ 367-6 Investigation of applicant; issuance of license; food demonstrator's license.

[Amended 11-14-1966 by Ord. No. 3731; 4-7-1970 by Ord. No. 3970; 7-19-1977 by Ord. No. 4417-77]
A. 
Upon receipt of such application, the City Health Department, while conducting its own inspections and investigations, shall submit copies of said application to the Police Department, Fire Public Safety Department and Building Department for reports with reference to the compliance or noncompliance of the proposed establishment and/or licensee with municipal and state rules, regulations, statutes and ordinances; the truth of the matters contained in the application; a copy of any police record which the applicant, any partner, officer or stockholder thereof may have; such other facts as may apply to the applicant's character and business responsibility; and said facts concerning the application as may relate to the good government, order and protection of persons and property and the preservation of the public health, safety and welfare of the City of Clifton and its inhabitants.
[Amended 7-2-1985 by Ord. No. 4988-85]
B. 
Upon receipt of such application and reports, together with the results of its own inspection and investigation, the City Health Department shall submit the same to the Municipal Council for its consent and approval to the issuance of the license for which application is made.
C. 
Upon the consent and approval of the Municipal Council to the issuance of such license, the City Health Department shall issue the same.
D. 
The provisions of Subsections A, B and C of this section shall not apply to applications for food demonstrator's licenses. All applications for food demonstrator's licenses shall be made on the form provided by the Health Officer of the City of Clifton. All applications shall be referred directly to the Health Officer and/or his designee. All requirements for fingerprinting by the Police Department on applications for food demonstrator's licenses are hereby waived. The Health Officer shall be responsible for the review of all applications to determine that the applicant meets the criteria set forth within this chapter. Upon determination that the applicant meets the criteria required, the Health Officer shall issue a food demonstrator's license as authorized by this chapter.
[Added 1-5-1982 by Ord. No. 4686-82]

§ 367-7 Suspension or revocation of license.

Any license issued under this chapter may be temporarily suspended pending a hearing by the Health Department upon the violation by the licensee or any of his agents or servants of any of the terms of this chapter. Every such suspension shall be reported forthwith to the City Clerk. A license may be revoked by the Council, after an opportunity for a hearing before the Council, for the violation of any of the terms of this chapter.

§ 367-8 Samples may be taken.

Samples of food, drink and other substances may be taken and examined by the Health Officer or other representative of the Health Department as often as may be deemed necessary for the detection of unwholesomeness or adulteration. The Health Department may cause to be removed or destroyed or condemn and forbid the sale of unwholesome or adulterated food or drink.

§ 367-9 Sanitary food-handler's course.

[Amended 11-14-1966 by Ord. No. 3731; 10-15-1968 by Ord. No. 3878; 7-19-1977 by Ord. No. 4417-77; 11-2-1981 by Ord. No. 4669-81]
On or after the effective date of this section, it shall be mandatory that all establishments as described in § 367-1 provide for the attendance of one responsible, managerial or supervisory person to attend a sanitary food-handler's course, which course and requirements are established in Chapter 245, Food-Handling Establishments, § 245-4, as amended. The requirements of each establishment providing for a person to be in attendance shall be waived, provided that the criteria, as established in Chapter 245, Food-Handling Establishments, § 245-4, as amended, have been complied with. Failure to attend this course shall make the establishment subject to the penalties as contained in § 367-34.[1]
[1]
Editor's Note: Original Section 26-10, Food handler's certificate; fee; term, which immediately followed this section, was repealed 7-19-1977 by Ord. No. 4417-77.

§ 367-10 Applicability of sanitation requirements.

[Amended 5-2-1972 by Ord. No. 4101-72; 1-6-1981 by Ord. No. 4620-81]
All restaurants shall comply with each of the sanitation requirements specified in §§ 367-11 to 367-27, both inclusive; provided, however, that said requirements insofar as the same are applicable to the protection of food which is in the process of being prepared and packaged and of the requirements of washrooms and the cleaning, storage and handling of utensils and equipment used for such preparation and packaging shall not be applicable to food-vending vehicles. Furthermore, §§ 367-11 to 367-27, both inclusive, shall apply to food-preparation and -vending vehicles; provided, however, that § 367-16 shall not apply to food vehicles, except that food-preparation and -vending vehicles shall be required to have hand basins with adequate hot and cold running water, liquid or powdered soap in approved dispensers and approved sanitary towels. The use of common towels is prohibited.

§ 367-11 Floors.

The floors of all restaurant rooms in which food or drink is stored, prepared or served or in which utensils are washed or stored shall be smooth, kept clean and in good repair at all times and of such construction as to be easily cleaned.

§ 367-12 Walls and ceilings.

A. 
Walls and ceilings of all restaurant rooms shall be kept clean and in good repair.
B. 
All walls and ceilings of rooms in which food or drink is stored or prepared shall be finished in light colors.
C. 
The walls of all rooms in which food or drink is prepared or utensils are washed shall have a smooth washable surface up to the level reached by splash or spray.

§ 367-13 Openings and doors.

When flies are prevalent, all openings into the outer air shall be effectively screened, and doors shall be self-closing, unless other effective means, approved by the Health Department, are provided to prevent the entrance of flies.

§ 367-14 Lighting.

All restaurant rooms in which food or drink is stored or prepared or in which utensils are washed and stored shall be well lighted.

§ 367-15 Ventilation.

All restaurant rooms in which food or drink is stored, prepared or served or in which utensils are washed and stored shall be well ventilated so as to be reasonably free of disagreeable odors. When natural ventilation is inadequate or creates a nuisance to neighboring property, a system of forced draft ventilation may be required by the Health Department, with the outlet at roof level or such other point so as to avoid any nuisance to neighboring properties.

§ 367-16 Washrooms.

A. 
Every restaurant shall provide the requisite washrooms, toilets and handicapped facilities in accordance with N.J.A.C. 5:23-3.15 and N.J.A.C. 5:23-7.1 et seq.
[Amended 5-15-1992 by Ord. No. 5588-92]
B. 
Washrooms shall not open directly into any room in which food, drink or utensils are handled or stored.
C. 
Each washroom shall be provided with an adequate number of toilets, hand basins and urinals as required by N.J.A.C. 5:23-3.15 and N.J.A.C. 5:23-7.1 et seq.
[Amended 5-15-1992 by Ord. No. 5588-92]
D. 
The doors of all washrooms shall be self-closing.
E. 
Washrooms shall be kept in a clean condition, in good repair and well lighted and ventilated.
F. 
Hand-washing signs shall be posted in each washroom used by employees.
G. 
Adequate convenient hand-washing facilities shall be provided, including hot and cold running water, liquid or powdered soap in approved dispensers and approved sanitary towels. The use of common towels is prohibited.
H. 
No employee shall resume work after using the toilet or urinal without first washing his hands.

§ 367-17 Equipment and utensils.

A. 
All multi-use utensils and all show and display cases or windows, counters, shelves, tables, refrigerating equipment, sinks and other equipment or utensils used in connection with the operation of a restaurant shall be so constructed as to be easily cleaned, and they shall be kept in good repair.
B. 
Plates, cups, saucers, dishes, glasses or other chinaware, crockery or glassware which is cracked, chipped or broken shall not be used to contain food or drink.
C. 
Utensils containing or plated with cadmium or lead shall not be used; provided, however, that solder containing lead may be used for jointing.

§ 367-18 Washing and cleaning of utensils.

A. 
All restaurants shall be equipped with a sink of not less than three compartments, approved by the Health Department, an abundant supply of hot and cold running water, and adequate facilities for the washing and cleaning of dishes, utensils, pots, pans and the like. All utensils intended for second use, including pots, pans, dishes, plates, cups, saucers, glasses and other containers repeatedly used for food or drink, knives, forks, spoons and food implements, shall be thoroughly cleaned by being washed in an alkaline detergent solution and with water heated to a temperature of from 110º to 120º F. Such utensils shall then be immersed in clean water at a temperature of not less than 180º F. for at least two minutes, or boiling water for at least 1/2 minute, or in a chlorine rinse of not less than 100 parts per million concentration for at least two minutes, or the utensils shall be kept in a steam cabinet at a temperature of not less than 200º F. degrees Fahrenheit for at least five minutes, or kept in a hot-air cabinet at a temperature of not less than 180º F. for at least 20 minutes, or treated by some other method approved by the Health Department.
B. 
Multi-use eating and drinking utensils and multi-use utensils used in the preparation, handling and serving of food shall, following a thorough washing and bactericidal treatment, be free from bacilli of the coliform group, and such utensils shall have a total bacteria count not exceeding 100 per utensil, as determined by the method recommended by the American Public Health Association for the bacteriological examination of food utensils, or by any other method approved by the Health Department.
C. 
Nothing in this section shall be held to prohibit the use of cups, dishes or other single-service utensils of paper, wood or other approved material, provided that they be used only once and immediately destroyed.
D. 
No common drinking utensils shall be permitted.
E. 
No article, polish or other substance containing any cyanide preparation or other poisonous material shall be used for the cleaning or polishing of utensils.

§ 367-19 Storage and handling of utensils.

A. 
After cleaning, utensils shall be stored in a clean, dry place protected from flies, dust, dirt and other contamination as far as practicable.
B. 
Single-service utensils shall be purchased only in sanitary containers, shall be stored therein in a clean, dry place until used, and shall be handled in a sanitary manner.

§ 367-20 Garbage and waste materials.

A. 
Garbage and waste materials shall be placed in suitable galvanized iron or other sanitary metal cans which are watertight, and which shall be covered with close-fitting metal lids.
B. 
All garbage and wastes shall be removed from the premises daily.
C. 
All cans used to contain offensive material shall be thoroughly cleansed immediately upon being emptied.

§ 367-21 Food and drink to be kept at certain temperatures.

A. 
All readily perishable food and drink shall be kept at or below 50º F. or above 150º F., except when being prepared or served. Such temperatures shall be maintained while the food or drink is in vehicles used for transporting same.
B. 
Hot prepared food and drink may be air-cooled down to 150º F., but for holding and storage below the point of 150º F., the food and drink shall be reduced to a temperature of 50º F. or lower in a period not to exceed one hour.

§ 367-22 Food and drink to be clean and wholesome.

A. 
All food and drink shall be clean, wholesome, free from spoilage and so prepared as to be safe for human consumption.
B. 
All milk, fluid milk products, ice cream, and other frozen desserts served shall be from approved sources.
C. 
Milk and fluid milk products shall be served in the individual original containers in which they are received from the distributor, and such containers shall not be unsealed or opened by the seller or server except in the presence of the purchaser, provided that this requirement shall not apply to cream, which may be served from the original container or in a manner approved by the Health Department.
D. 
All oysters, clams and mussels shall be obtained from approved sources and, if shucked, shall be kept until used in the containers in which they were placed at the shucking plant.
E. 
All canned or preserved goods shall be removed from the original packages when opened.

§ 367-23 Food and drink to be protected from contamination.

[Amended 6-6-1961 by Ord. No. 3354; 2-2-1988 by Ord. No. 5234-88]
A. 
All food, drink, unwrapped toothpicks, candy and straws shall be so stored, displayed and served as to be protected from dust, dirt, flies, vermin, depredation and pollution by rodents, unnecessary handling, droplet infection, overhead leakage and other contamination.
B. 
No person shall prepare, sell, expose for sale or dispense any food, cooked or uncooked, or any drinks or beverages intended for immediate consumption or any unwrapped toothpicks, candy and straws on any street, sidewalk, road, alley, vacant lot, schoolyard, churchyard or grounds or from any wagon, pushcart, automobile or other vehicle or from any open stand or open window or vending machine on any street, sidewalk, alley, vacant lot, schoolyard, churchyard or outside areas in plant yards, public yards and recreation grounds, unless such food, drink, unwrapped toothpicks, candy and straws are protected from contamination by insects, dust and all other foreign or injurious contamination during the process of production, manufacture, preparation, packaging, storage and sale.

§ 367-24 Protection from animals and insects.

A. 
No animals or fowl shall be kept or allowed in any room in which food or drink is prepared or stored.
B. 
All means necessary for the elimination of flies, roaches and rodents shall be used.

§ 367-25 Cleanliness of employees.

A. 
All employees shall wear clean, washable outer garments and shall keep their hands clean at all times while engaged in handling food, drink, utensils or equipment.
B. 
Employees shall not expectorate or use tobacco in rooms in which food is prepared or served. Hair nets shall be worn by females and proper headdress by males, as designated by the Health Department.

§ 367-26 Water supply.

A. 
Running hot and cold water under pressure shall be easily accessible to or in all rooms in which food is prepared or utensils are washed.
B. 
The water supply system shall be adequate as to quantity and quality and shall meet the standards prescribed by the State Department of Health and the City Health Department.

§ 367-27 Additional sanitary regulations.

A. 
The premises of all restaurants shall be kept clean and free of litter or rubbish.
B. 
None of the operations connected with a restaurant shall be conducted in any room used as living or sleeping quarters.
C. 
Adequate lockers or dressing rooms shall be provided for employees, and their clothing shall be kept clean.
D. 
Soiled linens, coats and aprons shall be kept in containers provided for this purpose.

§ 367-28 Diseased persons.

A. 
No person who is affected with any disease in a communicable form or who is a carrier of such disease shall work in any restaurant. No restaurant shall employ any such person or any person suspected of being affected with any disease in a communicable form or of being a carrier of such disease. If the restaurant manager suspects that any employee has contracted any disease in a communicable form, or is or has become a carrier of such disease, he shall notify the Health Department immediately.
B. 
A placard containing the provisions of Subsection A of this section shall be furnished by the Health Department, to be posted by the management in all restaurant toilet rooms.

§ 367-29 Procedure upon suspicion of infection.

When suspicion arises as to the possibility of transmission of infection from any restaurant employee, the Health Department or its authorized agent is authorized to impose any or all of the following requirements:
A. 
The immediate closing of the restaurant concerned until no further danger of the disease outbreak exists.
B. 
The immediate exclusion of the employee from all restaurants.

§ 367-30 Right of entry for inspection.

A representative of the Health Department shall have the right to enter, at any hour, any premises wherein or whereon restaurant activities or business is conducted and to inspect any part thereof.

§ 367-31 Parking of food-vending vehicles.

[Added 11-8-1967 by Ord. No. 3802; amended 1-6-1981 by Ord. No. 4620-81]
A. 
No person who holds a license in accordance with the provisions of this chapter shall park a food-vending vehicle or food-preparation and -vending vehicle upon a public roadway or street for the purpose of or during the process of soliciting sales or business, displaying food for sale or selling or offering to sell or deliver food to buyers, consumers or other persons who are occupants of vehicles standing or moving on the public streets or highways or pedestrians on said public streets or highways.
B. 
Food-vending vehicles and food-preparation and -vending vehicles shall not be permitted to remain at any site for the purposes of preparing and vending foods for more than 30 minutes, said sites being upon private property.

§ 367-32 Compliance required for food-preparation and -vending vehicles.

[Added 5-2-1972 by Ord. No. 4101-72]
No license shall be issued in accordance with the provisions of this chapter for a food-preparation and -vending vehicle unless such vehicle, in all respects, complies with the provisions of this chapter.

§ 367-33 (Reserved) [1]

[1]
Editor’s Note: Former § 367-33, Sale or consumption of alcoholic beverages, added 4-1-1975 by Ord. No. 4269-75, was repealed 8-18-2015 by Ord. No. 7234-15.

§ 367-34 Violations and penalties.

[Amended 5-9-1969 by Ord. No. 3912; 3-17-1970 by Ord. No. 3969]
Any person who violates any provision of this chapter shall, upon conviction thereof, be punished by a fine not exceeding $500 or by imprisonment for a term not exceeding 90 days, or both. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.