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.
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.
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.