[HISTORY: Adopted by the Board of Health
of the Borough of Fort Lee 7-15-1987 as BH:XI of the 1987 Code. Amendments
noted where applicable.]
GENERAL REFERENCES
Food and beverages — See Ch. 38.
A.
Required. No person shall operate in the Borough any restaurant, as the term "restaurant" is defined in § 1-17 of this Code, without having first obtained from the Board a license to do so, covering the premises in which every such restaurant is operated or intended to be so operated.
B.
Display of license. Every such license so issued shall
be posted conspicuously in that part of such restaurant as is frequented
by the public.
C.
Exceptions. The provisions of this section shall not
apply to a restaurant operated for a temporary period not exceeding
10 days, in connection with a public exhibition, charitable or club
function, or other group or organization affair; provided, however,
that the operator of such public exhibition, charitable or club function,
or other group or organization affair shall first have secured from
the Board written permission to so operate the same without such license.
Compliance. All restaurants shall comply with
all of the following:
A.
The floors of all rooms in which food or beverages
are stored, prepared or served, or in which utensils are washed, shall
be of such construction as to be easily cleaned, shall be smooth and
shall be kept clean and in good repair at all times.
B.
Walls and ceilings of all rooms shall be kept clean
and in good repair. The walls of all rooms in which food or beverages
are prepared or utensils are washed shall have a smooth, washable
surface up to the level reached by splash spray.
C.
All openings into the outer air shall be effectively
screened and/or doors shall be kept closed at all times unless other
effective means, approved by the Health Officer, are provided to prevent
the entrance of flies.[1]
D.
All rooms in which food or beverages are stored, prepared
or served, or in which utensils are washed, shall be well ventilated
so as to be reasonably free of disagreeable odors. When natural ventilation
is inadequate or creates a nuisance to neighboring property, a system
of forced draft ventilation may be required with the outlet at roof
level or some other point so as to avoid any nuisance to neighboring
properties.
E.
Public lavatories.
[Amended 11-10-1997 by Ord. No. 97-2]
(1)
Every public lavatory, except those retail food establishments
with 10 or less seats for on-premises consumption, shall have separate
lavatory facilities for male and female patrons. Retail food establishments
with 10 or less seats for on-premises consumption may apply to the
Health and Building Departments, as well as the Plumbing Inspector
for permission to provide a unisex lavatory.
(2)
The applicant must receive written approval from the
Health Department pursuant to the Plan Review, the Building Department
and the Plumbing Inspector before construction or renovation of public
lavatories begins.
(3)
Every public lavatory must be accessible to patrons
without patron access to food preparation or food storage areas.
(4)
Every public lavatory shall contain the following:
(a)
A self-closing door.
(b)
At least one water closet and hand wash sink
with an adequate supply of hot and cold running water under pressure.
(c)
A sufficient quantity of toilet tissue, single-service
towels or an air dryer.
(d)
A sanitary waste receptacle.
(e)
A mechanical dispenser containing liquid or
powdered soap of a type approved by the Health Officer.
(f)
Smooth, easily cleanable, nonabsorbent and durable
floor and wall surfaces.
(5)
Every public lavatory shall be clearly marked on the
exterior of the door whether it is for male or female patrons or is
unisex (for both male and female patrons).
(6)
A unisex public lavatory must be designed for the
use of one person at a time and must have interior locking device
that displays on the exterior of the door that the facility is occupied
when it is in use.
(7)
Every facility required to have one or more public
lavatories must provide handicap access pursuant to the Americans
With Disabilities Act to every patron.
F.
Washrooms shall be kept in a clean condition, in good
repair and well lighted and ventilated. Hand-washing signs shall be
posted in each washroom used by employees. Adequate convenient hand-washing
facilities shall be provided, including hot and cold running water,
liquid or powdered soap in approved dispensers and approved sanitary
towels. The use of common towels is prohibited. No employee shall
resume work after using the toilet or urinal without first washing
his hands. All employees shall wear clean outer garments and shall
keep their hands clean at all times while engaged in handling food,
beverages, utensils or equipment. Employees shall not expectorate
in rooms in which food is prepared, sold or served.[2]
H.
Soiled linens, coats and aprons shall be kept in containers
provided for that purpose.
A.
Construction. All multi-use utensils and all show
and display cases or windows, counters, shelves, tables, refrigerating
equipment, sinks and other equipment or utensils used in connection
with the operation of a restaurant, shall be so constructed as to
be easily cleaned and shall be kept in good repair.[1]
B.
Cleaning and bactericidal treatment.
(1)
All equipment, including display cases or windows,
counters, shelves, tables, refrigerators, stoves, hoods and sinks,
shall be kept clean and free from dust, dirt, insects and other contaminating
material. All cloths used by waiters, chefs and other employees, shall
be clean. Single-service containers shall be used only once.
(3)
No article, polish or other substance containing any
cyanide preparation or other poisonous material shall be used for
the cleansing or polishing of utensils.
C.
Storage and handling. After sanitizing treatment,
utensils shall be stored in a clean, dry place protected from flies,
dust and other contamination, and shall be handled in such a manner
as to prevent contamination as far as practicable. Single-service
utensils shall be purchased only in sanitary containers, shall be
stored therein in a clean, dry place until used and shall be handled
in a sanitary manner.[3]
A.
All food and beverage shall be clean, wholesome, free
from spoilage and so prepared as to be safe for human consumption.
B.
All milk, fluid milk products, ice cream and other
frozen desserts served shall be from approved sources.
C.
Milk and fluid milk products shall be served in the
individual original containers in which they are received from the
distributor and the container shall not be unsealed or opened by the
seller or server except in the presence of the purchaser, provided
that this requirement shall not apply to cream, which may be served
from the original container or in a manner approved by the Health
Officer.
D.
All oysters, clams and mussels shall be obtained from
approved sources and, if shucked, shall be kept, until used, in the
containers in which they were placed at the shucking plant.
A.
Samples of food, beverage and other substances may
be taken and examined by the Health Officer as often as may be necessary
for the detection of unwholesomeness or adulteration.
B.
The Health Officer may condemn and forbid the sale
of, or cause to be removed or destroyed, any food or beverage which
is unwholesome or adulterated.
All food and beverage shall be so stored, displayed
and served as to be protected from dust, flies, vermin, depredation
and pollution by rodents, unnecessary handling, droplet infection,
overhead leakage and other contamination. All means necessary for
the elimination of flies, roaches and rodents shall be used.
A.
No person who is affected with any disease in a communicable
form or is a carrier of such disease shall work in any restaurant,
and no restaurant shall employ any such person or any person suspected
of being affected with any disease in a communicable form or of being
a carrier of such disease.
When suspicion arises as to the possibility
of transmission of infection from any restaurant employee, the Health
Officer is authorized to require any or all of the following measures:
A.
The immediate exclusion of the employee from all restaurants.
B.
The immediate closing of the restaurant concerned,
until no further danger of disease outbreak exists, in the opinion
of the Health Officer.
C.
Adequate medical examinations of the employee and
of his associates, with such laboratory examinations as may be indicated.
A.
Procedure. At least once every three months every
restaurant and food establishment located in the Borough of Fort Lee
shall be inspected. In connection with every such inspection, the
following procedure shall be followed:
(1)
A form provided by the Board of Health shall be completed
by the inspecting officer noting hereon any violations of this Sanitary
Code or any other sanitary code which may, from time to time, be in
force in the Borough of Fort Lee.
(2)
A permanent file shall be kept as part of the records
of the Board of Health of the Borough of Fort Lee, which file shall
indicate the date upon which the inspection was made and list the
violations, if any, which were found to exist.
B.
Discovery of violation. In the event the Registered
Environmental Health Specialist or other inspecting officer shall
discover the violation of any item of sanitation, including but not
limited to the violation of any of the provisions of the within Code
or any other health code adopted by the Board of Health, he shall
follow the following procedure:
(1)
Notify, verbally, the owner of the establishment in
which the violation is found or if said owner cannot be found, then
notify, verbally, the person in charge of such establishment. Said
notification shall indicate the nature and extent of the violation
and the period of time, not exceeding 30 days, in which said violation
must be corrected.
(2)
Notify, in writing, the owner of the establishment
in which the violation is found or if said owner cannot be found,
then notify, in writing, the person in charge of such establishment,
of the nature and extent of the violation and the time within which
said violation must be corrected.
(4)
If violations are found to continue after reinspection,
the Registered Environmental Health Specialist shall serve or cause
to be served upon the owner of the establishment and if the owner
cannot be found, then upon the person in charge of such establishment,
a second notice of violation indicating the nature and extent of the
violation and allowing not more than five days in which to correct
the same.
(5)
Upon expiration of the time allowed in the second
notice, the inspecting officer shall reinspect the premises and if
violations are found to continue, then he shall serve or cause to
be served upon the owner an order to show cause requiring said person
to appear at a stated time and place before the Board of Health to
show cause at a public hearing why the license of the violator should
not be revoked or suspended and why the name and address of the violator,
together with a list of the violations should not be posted publicly
at the office of the Board of Health.
C.
Access. The person operating the restaurant shall,
upon request of the inspecting officer, permit access to all parts
of the establishment.
D.
Hearing. On the return of the order to show cause
or upon such return date that may be mutually agreeable, the Board
of Health shall hold a public hearing at which time the alleged violator
shall have a right to be present with legal counsel and to be heard.
In the event it is determined by the Board of Health after such hearing
that good cause exists, said Board may suspend or revoke the license
of the violator and/or order that the name of the violator together
with a list of the violations be posted publicly at the office of
the Board of Health.
E.
Interpretation. Nothing contained herein shall be
interpreted or construed to prevent the Board of Health from causing
a summons or warrant to be issued requiring the alleged violator to
appear before the Municipal Court of the Borough of Fort Lee, pursuant
to Title 20, Chapter 3, of the New Jersey Statutes, nor shall the
within provision be interpreted or construed to prevent the enforcement
of any of the provisions of the within code in a summary manner or
to restrict the right of the Board of Health to abate any nuisance.
[Amended 6-11-2002]
F.
Posting of evaluation placard. The inspecting officer shall post the evaluation placard for New Jersey State Sanitary Code Chapter 24 food inspections immediately in the entry window of the establishment. In the event that there is no front window, the evaluation placard shall be posted immediately in a conspicuous place near the public entrance of the establishment in such a manner that the public may view the placard.
[Amended 6-12-2007 by Ord. No. 80-10F]
G.
Fines and penalties.
(1)
Anything contained in the within code notwithstanding,
any person convicted of violation of any provision of this chapter
shall be liable to a penalty for each such offense of not less than
$50 nor more than $500, and if such person shall default or neglect
to pay such penalty, he may be committed to the county jail for a
period not to exceed 10 days for the first conviction and in the case
of a second conviction, he may be committed for a period of not less
than 10 days nor more than 30 days, all of which shall be in the discretion
of the Municipal Judge before whom the complaint shall be brought.
(2)
If any penalty herein provided shall exceed or be greater than provided by any law of the State of New Jersey, for the violation for which such penalty is imposed herein, the maximum penalty for such violation shall be the maximum permitted by such law of the State of New Jersey, as may be applicable thereto as stated in Chapter 1, General Provisions, Article II, General Penalty.
H.
Prohibiting and declaring acts unlawful. Every act
designated as being unlawful is hereby prohibited, and every act expressly
prohibited is hereby designated as being unlawful.
A.
Purpose. The Mayor and Borough Council do hereby deem
it necessary for the full protection of the health and safety of the
Borough that the licensing of mobile food trucks and/or vehicular
vehicles be restricted and regulated in the Borough of Fort Lee.
B.
MOBILE FOOD TRUCKS
MOBILE RESTAURANT LICENSE
VEHICULAR VEHICLES
Definitions. As used in this section, the following
terms shall have the meanings indicated:
Includes any automobile, truck or motor powered vehicle engaged
in the business of selling cooked or prepared food to persons.
Any license issued under this section for either mobile food
truck or a vehicular vehicle.
Any and all other types of vehicles engaged in the selling
of cooked or prepared foods.
C.
License required. No mobile food truck or other vehicle
engaged in the business of selling cooked or prepared foods in the
Borough shall operate within the Borough without first having obtained
a license to do so. Such license shall be issued by the Borough Clerk
as of January 1 of each year and expire on December 31 of the year
in which issued unless sooner revoked by the Council and shall be
good as to only one vehicle.
D.
Form of application. All applications for the issuance
or renewal of a license shall be made to the Police Department on
forms to be adopted by the Mayor and Council and designed to elicit
information respecting the vehicle to be so used and the identification,
responsibility and law-abiding habits of the owner of the vehicle.
E.
Application verified; insurance. Each applicant for
a license shall supply the information requested on the application
in full and verify its correctness by his oath or affirmation and
thereafter file the completed application with the Police Department
together with the full amount of the fee as hereinafter set forth.
In addition the applicant shall exhibit public liability insurance
to the Borough Clerk covering the vehicle to be licensed for the term
of the license applied for.
F.
License fee. The annual fee for a mobile restaurant
license issued or renewed shall be $100 for each year or portion thereof
and such licenses shall be under the charge and control of the applicant
applying therefor, and the applicant shall be responsible for the
operation of the vehicle so licensed to the applicant.
G.
Regulations covering parking.
[Amended 2-11-1997 by Ord. No. 97-1]
(1)
No person shall stop, stand, or park for the purpose
of selling cooked or prepared foods on any public thoroughfare within
the Borough for any period in excess of 10 minutes. At least once
every 10 minutes, each mobile food truck or other such vehicle must
be driven a minimum distance of 500 feet.
(2)
The licensee shall see to it that any and all premises
used by the vehicle shall be left in a clean and orderly state and
that no waste or garbage be deposited on any property or street located
within the Borough.
H.
Revocation of license. The Mayor and Council may in
its discretion refuse to issue or renew or may after notice and hearing
revoke or suspend any license if the applicant has been once convicted
of a crime in this or any other jurisdiction or convicted of being
a disorderly person, or of a violation of Title 39 Motor Vehicles
and Traffic Regulations of the Revised Statutes of New Jersey, or
who has been dishonorably discharged from the armed forces of the
United States of America, or who violates any provision of this section
or who has any judgment unsatisfied of record against him arising
out of an automobile accident, or who is an alien citizen of any nation
between whom and the United States of America a state of war exists
or who has made false answers in the application for such license,
or any renewal thereof, or who has not fully complied with all the
requirements of this section, or if the vehicle licensed or to be
licensed by reason of unsafe or unsanitary conditions is dangerous
to the health or safety of the people, or if the policy of insurance
required to be exhibited under the terms of this section is not in
full effect and force during the licensed period or the applicant
has failed to comply with any and all other laws of this municipality,
county or state.
I.
Disposition of license fee. The Police Department
shall upon the Council's approval of an application pay the fees received
therefor over to the Borough Treasurer.
J.
Display of license. Each vehicle licensed under the
terms of this section shall have displayed in a conspicuous place
fully visible to the public the license issued.
K.
Approval by Mayor and Council. Upon approval by the
Mayor and Council of an application the Police Department shall issue
and sign the license in the form to be approved by the Mayor and Council.
L.
Renewals and transfers. Any such license renewal thereof
or transfer thereof may only be authorized by action of the Mayor
and Council in compliance with the provisions of this section as to
any such issuance, renewal or transfer.
M.
Prohibited areas. No mobile food truck or other vehicle
engaged in the business of selling cooked or prepared foods shall
stop, stand or park for the purpose of selling cooked or prepared
foods on the following described public roadways located in the Borough:
(1)
Main Street - entire length.
(2)
Lemoine Avenue - entire length.
(3)
Route 9W - entire length.
(4)
Fletcher Avenue - entire length.
(5)
Schiosser Street - entire length.
(6)
Palisade Avenue - entire length.
(7)
Sixteenth Street - entire length.
(8)
Route 5 - entire length.
(9)
Elsmere Place - between Anderson Avenue and Center
Avenue.
(10)
Anderson Avenue - between Brinkerhoff Avenue
and Westview Avenue.
(11)
Myrtle Avenue - between First and Third Streets.
(12)
Washington Avenue - between First and Third
Streets.
