[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:
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.
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.
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."
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.
A seating establishment or nonseating establishment where food is
sold from mobile facilities.
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.
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.
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.
A.
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.
B.
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.
A.
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.
B.
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:
A.
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.
B.
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).
C.
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.
A.
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.
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 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.
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 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.
