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City of Trenton, NJ
Mercer County
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Table of Contents
Table of Contents
[Adopted 9-7-1967 as § 9-6 of the Revised General Ordinances; amended in its entirety at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
The provisions of N.J.A.C. 8:24-1.1 et seq., pertaining to retail food establishments and food and beverage vending machines shall be enforced in the City of Trenton.
 The following additional provisions apply:
A. 
These standards shall apply to all sales of ice for human consumption or intended to be used in refrigerating food or drink for human consumption.
B. 
No milk shall be sold which does not meet all applicable state laws and regulations for pasteurized and certified milk.
C. 
All milk sold for off-premises consumption shall be in sealed bottles or containers. Both the bottles or containers and the process by which the milk is placed in them shall conform to all applicable state laws and regulations.
D. 
The requirements of three sinks for washing purposes, as contained in N.J.A.C. 8:24-5.5(b), shall be enforced only as to facilities constructed or substantially altered after the effective date of this article.
A. 
No person or corporation shall operate a retail food establishment, as defined by N.J.A.C. 8:24-1.1 et seq. who does not have a valid operating permit issued by the City Health Officer, or who does not comply with any or all of the provisions concerning operations and maintenance of the same, as contained in the aforementioned standards. No license fee shall be required of charitable, nonprofit organizations.
B. 
Application for such permit shall be made on a printed form to be furnished by the City health office on demand. The applicant, if an individual, shall therein state his/her full name and residence, and, if a corporation, shall state the name and address of its registered agent in this state. Such application shall also state the location of the building or buildings, or parts thereof, intended to be used as a retail food establishment.
C. 
Upon the filing of any such application for an operating permit or for a renewal thereof, the premises and places specified therein may be inspected by the Health Officer or his/her agents, who shall keep a permanent record of such inspection. If such premises and places are found to be in a sanitary condition and fit for use as a retail food establishment, a permit to conduct or operate such retail food establishment at the place designated in the application shall be issued.
D. 
No permit issued hereunder shall be transferable or entitle or authorize the holder thereof to conduct the business mentioned in the permit in any place or places other than that designated in such permit. If any person or corporation having a permit shall change the location of his/her or its place of business, the procedures for applying for a permit as heretofore set forth shall be complied with. Such permit shall be displayed in the conspicuous place within the establishment and shall be renewed annually.
E. 
Any permit granted pursuant to this section may be temporarily suspended by order of the Health Officer, which shall be issued by him/her personally or by his/her acting Health Officer during his/her absence. Such order may be issued without notice or hearing, pursuant to Chapter 171, Nuisances, for the violation of any of the provisions of this article or of the N.J.A.C. 8:24-1.1 et seq., which violation presents a present health danger to the community either in the form of a food-borne infection under the terms of N.J.A.C. 8:24-1.1 et seq., or in any other form reasonably requiring immediate closure of the offending premises, and may be permanently revoked by the Health Officer after proper notice and hearing to be held within 15 days of the issuance of notification of proposed revocation, for any persistent, repeated or willful violation. The basis for any proposed suspension or revocation shall be specified in the notice.
F. 
Any retail food establishment, the operating permit of which has been suspended, may at any time, make application to the Health Officer for reinstatement. Upon receipt of such application, the Health Officer or his/her agents shall make a reinspection as soon as practicable, and thereafter shall make as many additional inspections as (s)he may deem necessary to assure himself/herself that the applicant is complying with all requirements. If the findings indicate compliance, (s)he shall reinstate the permit.
[Amended 10-21-2010 by Ord. No. 10-48; 3-5-2020 by Ord. No. 20-20]
A. 
All retail food establishment health license fees shall be $175 annually except as follows:
(1) 
Retail food establishment health license fees shall be $300 annually for the following classifications of establishments:
(a) 
Cafeteria.
(b) 
Catering kitchen.
(c) 
Commissary.
(d) 
Home for the aged/nursing home.
(e) 
Hospital.
(f) 
Supermarket/groceries store.
(g) 
Wholesale/big box stores (example: Costco, BJ's, Sam's Club).
(2) 
Retail food establishment health license fees shall be $200 annually for the following classifications of establishments:
(a) 
County/state agencies or facilities (only if the inspections are delegated to the City.
(b) 
Nonpublic schools.
(3) 
Retail food establishment health license fees shall be $100 annually for any establishment operating under a valid plenary license issued by the Alcoholic Beverage Control Commission.
(4) 
Health license fees for temporary retail food establishments shall be:
(a) 
$50 if operating for less than two days.
(b) 
$100 if operating from two to five days.
B. 
Late fees: $50 per calendar month for each month the license has not been renewed (example: a license due on any day in January will be assessed a late fee on February 1, March 1, April 1, etc.). All accrued late fees must be paid prior to a renewal of a retail food establishment license being issued.
C. 
Administrative fees:
(1) 
Plan reviews: $250.
(2) 
Review previously reviewed and modified plans: $100.
(3) 
For less than satisfactory rating:
(a) 
First time: $200.
(b) 
Second time within two years of initial less than satisfactory rating: $350.
(c) 
Third time within two years of initial less than satisfactory rating: $500.
Violations of the provisions of this article shall be punishable as provided in Chapter 1, Article III, General Penalty.