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
The operator, person in charge, person having supervisory
or management duties, person on the payroll, family member, volunteer,
person performing work under contractual agreement, or other person
working in a retail food establishment.
ENFORCING OFFICIAL
The Health Officer of the City, or his duly designated and
authorized agent or agents.
FOOD
A raw, cooked, or processed edible substance, ice, beverage,
or ingredient used or intended for use or for sale in whole or in
part for human consumption, or chewing gum.
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 MANAGER'S CERTIFICATION
A certificate for the successful completion of an accredited
food manager's certification program recognized by the Conference
for Food Protection and approved by the Health Officer.
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.
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 events within a calendar year
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.
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 10:00 p.m. and is limited to no more than four stops within the
City of Clifton.
RETAIL FOOD ESTABLISHMENT
Any operation that stores, prepares, packages, serves, vends
or otherwise provides food for human consumption to a consumer, or
indirectly to consumers through a delivery service, such as home delivery
of grocery orders or restaurant takeout orders, or a service that
is provided by common carriers and includes, but is not limited to:
a restaurant; satellite or catered feeding location; catering operation
if the operation provides food directly to a consumer or to a conveyance
used to transport people; market; vending location; conveyance used
to transport people; institution; or food bank.
RISK TYPE 1 RETAIL FOOD ESTABLISHMENT
Any retail food establishment that: 1) serves or sells only
prepackaged, non-potentially hazardous foods; 2) prepares only non-potentially
hazardous foods; or 3) heats only commercially processed, potentially
hazardous foods for hot holding and does not cool potentially hazardous
foods. Such retail establishments may include, but are not limited
to, convenience store operations, hot dog carts, and coffee shops.
RISK TYPE 2 RETAIL FOOD ESTABLISHMENT
Any retail food establishment that has a limited menu and:
1) prepares, cooks, and serves most products immediately; 2) exercises
hot and cold holding of potentially hazardous foods after preparation
or cooking; or 3) limits the complex preparation of potentially hazardous
foods, including the cooking, cooling, and reheating for hot holding,
to two or fewer items. Such retail establishments may include, but
are not limited to, retail food store operations, schools that do
not serve a highly susceptible population, and quick service operations,
depending on the menu and preparation procedures.
RISK TYPE 3 RETAIL FOOD ESTABLISHMENT
Any retail food establishment that: 1) has an extensive menu
which requires the handling of raw ingredients and is involved in
the complex preparation of menu items that includes the cooking, cooling,
and reheating of at least three or more potentially hazardous foods;
or 2) prepares and serves potentially hazardous foods including the
extensive handling of raw ingredients, and whose primary service population
is a highly susceptible population. Such establishments may include,
but are not limited to, full service restaurants, diners, commissaries,
and catering operations; or hospitals, nursing homes, and preschools
preparing and serving potentially hazardous foods.
RISK TYPE 4 RETAIL FOOD ESTABLISHMENT
A retail food establishment that conducts specialized processes
such as smoking, curing, canning, bottling, acidification designed
to control pathogen proliferation, or any reduced oxygen packaging
intended for extended shelf-life where such activities may require
the assistance of a trained food technologist. Such establishments
include those establishments conducting specialized processing at
retail.
Licenses under this chapter shall be issued
for a term of one year, commencing on February 1 and expiring January
31 of the year of its issuance, unless sooner revoked.
In accordance with N.J.S.A. 26:3-69.2, the provisions of N.J.A.C.
8:24 et seq., commonly known as the regulations entitled "Sanitation
in Retail Food Establishments and Food and Beverage Vending Machines
(2007)" are hereby incorporated by reference into this chapter. Three
copies of the regulations have been placed on file in the office of
the Health Department and will remain on file for use and examination
by the public. A copy of the regulations can also be accessed at the
following link: https://www.state.nj.us/health/ceohs/documents/food-drug-safety/chapter24_effective_1207.pdf
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 or N.J.A.C. 8:24 et seq. 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 or N.J.A.C. 8:24 et seq.
No license shall be issued in accordance with
the provisions of this chapter for a food vending vehicle unless such
vehicle, in all respects, complies with the provisions of this chapter
and the Sanitation in Retail Food Establishments regulations that
are set forth in N.J.A.C. 8:24-1.1 et seq., including, but not limited
to, N.J.A.C. 8:24-1. 5, N.J.A.C. 8:24-5.3, N.J.A.C. 8:24-5.4, and
N.J.A.C. 8:24-6.1.
Any person who violates any provision of this
chapter shall, upon conviction thereof, be punished by a fine not
exceeding $1,250 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.