[Amended 12-16-1998 by Ord. No. 1744-98; 2-19-2013 by Ord. No. 2264-2013]
A code regulating retail food establishments and fixing penalties for violations known as "Sanitation in Retail Food Establishments and Food and Beverage Vending Machines," Chapter 24 of the State Sanitary Code (N.J.A.C. 8:24-1 et seq.), and any amendments and supplements thereto, is hereby established pursuant to N.J.S.A. 26:3-69.1 to 26:3-69.6. The aforesaid code is made a part hereof without the inclusion of the text thereof.
[Amended 12-16-1998 by Ord. No. 1744-98; 2-19-2013 by Ord. No. 2264-2013; 4-25-2023 by Ord. No. 2658-2023]
Three copies of Chapter 24 of the State Sanitary Code, entitled "Sanitation in Retail Food Establishments and Food and Beverage Vending Machines" (N.J.A.C. 8:24-1 et seq.), and any amendments and supplements thereto, have been placed in the office of the Department of Health and Human Services of the borough and shall remain on file in said office for the use and examination by the public.
[Amended 4-25-2023 by Ord. No. 2658-2023; 11-25-2025 by Ord. No. 2762-2025]
All applications for licenses or permits shall be submitted to the Borough or its authorized agent or representative, and all fees for such licenses or permits as herein provided shall be paid in advance at the time of making the application therefor. All applications and fees for annual renewal of licenses or permits must be submitted at least 30 days prior to the expiration of the current license. Approval of applications and the granting of licenses or permits may be withheld pending examination, investigation or inspection at the discretion of the Borough or its authorized agent or representative.
[Amended 4-25-2023 by Ord. No. 2658-2023]
All licenses or permits required under the sections of this article shall be renewed annually, unless otherwise provided herein, and such licenses and permits shall not be transferable or assignable.
[Amended 4-25-2023 by Ord. No. 2658-2023]
Upon the granting of any license or permit required under this article, the Department of Health and Human Services shall furnish to the licensee a suitable permit or license of each establishment, premises or other place where the licensed business is carried on. Permits or licenses shall have written, imprinted or impressed thereon the words "Health Department of Fair Lawn, New Jersey," the nature of such license or permit, the license number, name of the establishment to be licensed, or name of the licensee, the date issued, the date of expiration and such other information as may be required by the Department of Health and Human Services.
[Amended 4-25-2023 by Ord. No. 2658-2023]
All permits or licenses shall be displayed in a conspicuous place in the establishment, premises or other place in view for the public.
[Amended 4-25-2023 by Ord. No. 2658-2023]
No person shall maintain, keep or operate, or attempt to maintain, keep or operate, or allow or suffer any other person to maintain, keep or operate for him/her, any establishment, premises or other place, or any vehicle or conveyance, for which a license or permit is required under the provisions of this article, without first having obtained such required license or card from the Department of Health and Human Services.
[Amended 4-25-2023 by Ord. No. 2658-2023
Any license or permit issued under the provisions of this article may be revoked at the discretion of the Department of Health and Human Services in the event that the licensee or any of his/her, its or their employees, agents or servants shall violate any of the provisions of this article, any amendments thereof or supplements thereto, or any of the rules or regulations that may be adopted by the Department of Health and Human Services of the borough or by the Department of Health and Human Services of the State of New Jersey.
[Amended 5-23-1995 by Ord. No. 1599-95; 3-24-1998 by Ord. No. 1718-98]
Fees shall be as set from time to time by resolution of the Borough Council.
[1]
Editor's Note: See Ch. 94, Fees, Art. VI, Schedule of Fees.
In addition to all of the provisions and sections contained in this article, all persons engaging in business as a retail food establishment within the borough shall be further bound to comply with all of the chapters and provisions contained within Title 24 Food and Drugs as set forth in N.J.S.A. 24:1-1 et seq., together with the amendments and supplements thereto.
[Added 5-25-2004 by Ord. No. 1979-2004 [1]; amended 4-25-2023 by Ord. No. 2658-2023]
Food caterers who prepare food out of town and bring it into the Borough for service shall reasonably substantiate to the Department of Health and Human Services that the foods are prepared at an establishment which is inspected by a local or state health authority or provide a current New Jersey cottage food operator permit..
[1]
Editor's Note: Section 6 of this ordinance provided that this section shall take effect 90 days from the date of adoption and publication as required by law.