[HISTORY: Adopted by the Township Council of the Township of Delran 8-17-2005 by Ord. No. 2005-27. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- CATERING ESTABLISHMENT
- A retail food establishment or other place at which food is or shall be prepared or served in the Township of Delran, which prepares or serves or both prepares and serves food under contract to persons, groups, organizations and parties at places not generally open to the public as food establishments except upon lease, contract or invitation, whether or not such place is at the premises usually occupied by the catering establishment.
- DRIVE-IN ESTABLISHMENT
- A seating establishment where food is or is intended to be sold for consumption by patrons while seated in automobiles parked at the premises of the retail food establishment.
- FUND-RAISING ACTIVITY
- A retail food establishment wherein retail sales of food are made by or on behalf of nonprofit corporations or associations for either on-premises or off-premises consumption, the net proceeds of which sales are or are intended to be solely for the benefit of the nonprofit corporation or association. No caterer or other profit-making business hired by or associated with such nonprofit corporation or association shall be considered part of any "fund-raising activity."
- INDUSTRIAL ESTABLISHMENT
- A retail food establishment operated by a person, firm or corporation not primarily in the business of retail food sales, which establishment is and shall continue to be operated on a nonprofit basis solely for the use and benefit of the employees of such person, firm or corporation in the hours during which such employees are actually engaged in the business of such person, firm, or corporation.
- MOBILE ESTABLISHMENT
- A seating establishment or nonseating establishment where food is sold from mobile facilities.
- NONSEATING ESTABLISHMENT
- A retail food establishment, including mobile establishments, where food is or is intended to be sold in an unprepared or merely partly prepared condition for further preparation and consumption at a time and place different from the time and place of sale. The fact that a nonseating establishment sells food capable of being consumed at the time and place of sale shall not render the same a seating establishment if the substantial portion of sales made and intended to be made are of the type hereinbefore described as those made by a nonseating establishment.
- RETAIL FOOD ESTABLISHMENT
- A single enclosure or a single place in, at or from which food or drink for human consumption is sold or served, including, but not limited to, any fixed or mobile restaurant; coffee shop; cafeteria; short-order cafe; luncheonette; grill; tearoom; sandwich shop; soda fountain; tavern; bar; cocktail lounge; nightclub; roadside stand; industrial feeding establishment; private, public or nonprofit organization or institution routinely serving food; catering kitchen; commissary; box-lunch establishment; retail bakery, meat market; delicatessen; grocery store; public food market; and similar places. For purposes of the licensing provision of this chapter, each such retail food establishment, whether or not more than one such establishment is located upon a single premises and whether or not more than one such retail food establishment is owned, operated or conducted by a single person, firm or corporation, shall be licensed separately.
- SEATING ESTABLISHMENT
- A retail food establishment, including mobile establishments, at which food is or is intended to be sold for consumption at the time and place of sale, whether or not seats for the use of patrons are actually supplied.
It shall be unlawful for any person, firm or corporation to conduct a retail food establishment in the Township of Delran without first having procured either a license or permit to do so, as the case may be, or without complying with the provisions of the Retail Food Establishment Code of New Jersey (1965). Each day upon which such person, firm or corporation shall do any act which is hereby prohibited or omit to do any act which is herein required shall constitute a new violation.
Each retail food establishment, except establishments conducting fund-raising activities, now or hereafter conducted or operated in the Township of Delran shall be licensed in accordance with the provisions of this chapter.
Each nonprofit corporation or association shall, before the 10th day prior to conducting any fund-raising activity, apply for a permit to do so. Such permit shall be issued by the Secretary of the Board of Health without fee as of course, unless and until the Sanitarian shall have determined that the fund-raising activity is not or will not be conducted in accordance with the provisions of the Retail Food Establishment Code of New Jersey (1965). Not more than four such permits shall issue to a single such nonprofit corporation or association in any twelve-month period following the 30th day of each June.
Annual license. Any person, firm or corporation herein required to be annually licensed now or hereafter seeking to operate or conduct a retail food establishment shall, not earlier than the first day of June and not later than the 30th day of June of each year, apply in writing to the Secretary of the Board of Health of the Township of Delran for a license to do so, provided that any such person, firm or corporation seeking to commence business may apply at times other than those hereinbefore set forth for a license, which said license shall expire on the first day of July next ensuring.
Certain catering establishments. Catering establishments not principally engaged in the business of catering and being engaged fewer than three times annually and catering establishments which have no business premises in the Township of Delran may, at their option, make application for a license to cater on a specified date, which said license shall be valid only for the date for which it is issued. Application for such license shall be made not later than the 10th day prior to the date for which the license applied for is to be effective.
The annual fee, which shall be paid in cash or by check at the time of application, for the issuance of a retail food establishment license, is hereby fixed in accordance with § 150-4A.
Charitable, religious and educational nonprofit corporations, associations and institutions shall be exempt from the payment of the foregoing fees.
Upon receipt of an application for the issuance or renewal of a license, and during the pendency of any license, the Department of Health shall issue the license sought and permit it to pent only if:
The applicant or licensee shall have filed with the Secretary a list current within 10 days of all food handlers engaged at the licensed premises.
Upon inspection of the licensed premises the Department of Health determines that the licensed premises meets the criteria of the Retail Food Establishment Code (1965).
At least one supervisory employee or operator of the licensed premises during the term of each licensing period shall have attended at least one lecture given annually by the Department of Health upon the subject of food handling at such time and place as the Department of Health shall choose and give notice to the licensee by United States mail, certified mail, return receipt requested.
Each retail food establishment license issued pursuant to the terms of this chapter shall expire on the 30th day of June annually.
Any license issued under the terms and provisions of this chapter may be suspended or revoked by the Board of Health of this municipality for the violation by the licensee of any provision of this chapter or of the Retail Food Establishment Code of New Jersey (1965), 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.
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 Health. 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 Health, the person aggrieved shall have an opportunity to answer and may thereafter be heard, and upon due consideration and deliberation by the Board of Health, the complaint may be dismissed, or that the charges have been sustained and substantiated, it may revoke, cancel or suspend the license held by the licensee.
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 Township unless the application for such license shall be approved by the Board of Health.
No provision 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.
Jurisdiction to hear complaints of a violation of this chapter and to impose the penalties hereinafter prescribed shall be vested in the Municipal Court of the Township of Delran.
Upon notice that any person, firm or corporation shall have violated the provisions of this chapter, the Township may, by complaint filed in the Delran Township Municipal Court, institute proceedings in the name of the Board of Health of the Township of Delran for the enforcement and imposition of penalties hereinafter prescribed.
Any person, firm or corporation having been found guilty of a violation of the provisions of this chapter, upon complaint made pursuant to the provisions of the foregoing section, shall, for each violation, be penalized not more than $500 or imprisonment in the county jail for a term not exceeding 90 days, or both, per day per violation, which penalty shall be paid to the court and delivered to the Treasurer of the Township of Delran.