A. 
This Board shall have the right to revoke any permit or license whenever the holder thereof or any of his servants or agents violate the terms under which the permit or license was issued. Before any license shall be revoked, a notice of the contemplated action of this Board shall be served upon the holder of said license, setting forth such charges as may be the reason for the said revocation and the place, date and hour when said Board will hear the matter.
B. 
Whenever any license shall violate the terms under which said license was issued, this Board or the Health Officer shall have the right to suspend the operation of said license pending the hearing.
All licenses or permits shall be prominently displayed upon the premises for which they were issued, and upon each and every vehicle or device used in the business for which a license is required there shall be displayed at all times in plain sight upon each side of said vehicle or device a current license sign to be furnished by this Board.
A. 
Whenever a license or permit is required by this code, the same shall be in addition to the requirements for any license or permit by any other law or ordinance, and application shall be made by the applicant upon blank forms to be furnished by the Board of Health and shall be fully completed and signed by the applicant and filed with the said Board, and no license or permit shall be issued until said application has been approved, and the following fees and charges are hereby set forth and established:
B. 
License or permits fees.
[Amended 10-5-1970 by Ord. No. 100 BH; 6-7-1971 by Ord. No. 105 BH; 12-1-1975 by Ord. No. 111 BH; 4-2-1979 by Ord. No. 115 BH; 1-7-1980 by Ord. No. 117 BH; 2-7-1983 by Ord. No. 119 BH; 4-7-1986 by Ord. No. 120 BH; 11-6-1989 by Ord. No. 122 BH; 10-7-1991 by Ord. No. 124 BH]
(1) 
Fee schedule. The fee schedule shall be as follows:
[Amended 7-5-1995 by Ord. No. 126 BH; 1-6-2004 by Ord. No. 129 BH; 11-3-2011 by Ord. No. 136 BH]
(a) 
Applications.
[1] 
A research fee for the preliminary investigation of any record and/or documents for property transfer, legal action, development, ISRA law requirements and other private interests: $50.
[2] 
Plan or design review for an expansion, repair, alteration, or change in use of a residential dwelling mandated by N.J.A.C. 7:9A-3.3(c) which the sanitary sewage is disposed of by means of a private subsurface sewage disposal system: $125.
[a] 
If the design or plan requires multiple review, each additional review following the initial review: $50.
[3] 
Plan or design review for a new subsurface sewage disposal system, per lot: $125.
[a] 
If the design or plan requires multiple reviews, each additional review following the initial review: $50.
[4] 
Plan or design review for installation of recreational bathing facility on commercial property: $100.
[5] 
Plan review for new proposed food establishments: $100.
(b) 
Permits for subsurface sewage disposal systems.
[1] 
Construction of new septic system, per lot: $250.
[2] 
Alteration of septic system: $100.
[3] 
Repair of septic system: $75.
[4] 
Removal of the contents of any septic tank, cesspool, privy or other receptacle containing human excrement: $5.
[5] 
Installation of temporary holding tank or other temporary storage device, upon prior approval from the Board of Health (TBD on individual basis): $50.
[6] 
Permit to operate a new septic system.
[a] 
New systems: $100.
[b] 
Existing systems: $25.
[7] 
Permit to abandon subsurface sewage disposal system: $10.
(c) 
Permit for wells.
[1] 
Location and construction of water supply (well), new (requires well test; see inspection fees): $100.
[2] 
Sealing of an abandoned well: $75.
[3] 
Permit to maintain irrigation well: $10.
[4] 
Permit to register geothermal well: $10.
(d) 
Inspection fees.
[1] 
Septic system reinspection due to applicant failure to locate and construct in accordance with terms of permit of governing codes: $100.
[2] 
Well (or any part of water supply) reinspection due to applicant's failure to locate and construct in accordance with terms of permit and governing codes: $50.
[3] 
Soils permeability or percolation test inspection.
[a] 
Four hours or less: $200.
[b] 
More than four hours to seven hours: $300.
[c] 
More than seven hours: $50 per hour.
[4] 
Seasonal high groundwater test inspection, per lot: $150.
[5] 
Reinspection fees for food establishments (for each reinspection) and other licensed establishments that result in a rating other than satisfactory: $75.
[6] 
Kennels/pet shops: $100.
(e) 
License fees.
[Amended 11-7-2013 by Ord. No. 140 BH; 2-13-2018 by Ord. No. 1934; 2-14-2019 by Ord. No. 144 BH]
[1] 
Nonmobile retail food establishments:
[a] 
Fewer than 30 employees: $300.
[b] 
More than 30 employees: $500.
[2] 
Nonmobile establishments that sell prepackaged sealed food or drink incidental to a nonfood business, such as pharmacies, gift store, etc., and they serve no unwrapped or open food or drink: $150.
[3] 
Nonprofit food service: no fee.
[4] 
Liquor stores without food services: $100.
[5] 
Farmer stands: $150.
[6] 
Mobile food establishments, to include seasonal food establishments (ice cream trucks, snack wagons, each machine or vehicle): $200.
[7] 
Food or drink temporary establishments:
[a] 
One day: $25.
[b] 
More than one day: $50.
[8] 
Vending machines, food and drink, per machine: $50.
[9] 
Laundry and cleaning establishments: $75.
[10] 
Health clubs, spas, tanning, exercise establishments, and spray tanning: $100.
[11] 
Barbershops, beauty salon, and nail salons: $75; reinspection: $50.
[12] 
Hookah bars/cigar bars: $500.
[13] 
Tattoo parlor, body piercing establishments:
[a] 
Initial fee: $1,000.
[b] 
Renewal: $500.
[14] 
Child care, day-care centers, and after-school-care centers: $150.
[15] 
Late fee, per month, for failure to renew establishment or other license by final due date of May 31: $75.
[16] 
Late fee, per month, for failure to renew establishment license upon transfer of ownership or change of management: $60.
(f) 
Cost recovery expenses.
[1] 
Fee for all checks or drafts dishonored or for any reason returned uncollected: $35.
[2] 
The costs of unsatisfactory laboratory tests because of a complaint or a suspect food poisoning, or retest required because of unsatisfactory results on a prior test, the food establishment/vendor shall be responsible for a reinspection fee of $75 as noted above, as well as all costs associated with the laboratory testing: TBD.
(g) 
All permits, licenses, approvals, and applications of the Board of Health shall be nontransferable and shall be valid only for the application and properties for which were issued.
(h) 
License fees for the permitting of not-for-profit organizations may be waived by the Board of Health, upon application.
(i) 
Maximum penalty. Any person violating any of the provisions of any chapter adopted by the Board of Health of the Borough of Middlesex shall, upon conviction therof, pay a penalty of not less than $100 nor more than $1,000 for each offense. Each day a violation shall continue may be a separate offense. Complaint shall be made in the Municipal Court of the Borough of Middlesex or before another judicial officer having authority under the laws of the State of New Jersey. The Court shall have the power to impose the other and additional penalties provided by N.J.S.A. 26:3-77 and N.J.S.A. 26:3-78.
(2) 
(Reserved)[1]
[1]
Editor's Note: Former Subsection B(2), concerning nonprofit organizations, was removed pursuant to Ord. No. 136 BH, adopted 11-3-2011. See now Subsection B(1)(h).
(3) 
All new food establishments licensed on or after January 1, but before the June 1 renewal date, shall pay 1/2 of the annual fee for the license to operate until June 1.
[Amended 7-5-1995 by Ord. No. 126 BH; 1-6-2004 by Ord. No. 129 BH; 2-13-2018 by Ord. No. 1934]
(4) 
The Board of Health shall conduct such investigation as is required by N.J.A.C. 8:51-4.4, to protect the public health and, if the results of the investigation are satisfactory, shall issue the license to operate as a retail food establishment upon receipt of payment.
(5) 
Whenever an initial periodic inspection shall result in a finding or rating other than satisfactory, thus necessitating a reinspection, the licensee shall pay a fee of $75 for each and every reinspection resulting in a rating other than satisfactory. This fee shall not apply to the initial inspection, but to each and every reinspection. Such fees are in addition to the annual license fee and shall not be considered penalties, but such fees shall be charged and shall be paid to offset the costs and expenses of such reinspection by the local Board of Health.
[Amended 5-3-2005 by Ord. No. 131 BH; 11-3-2011 by Ord. No. 136 BH]
(6) 
Any establishment requiring licensure by the Board of Health that operates a business without notifying the Board of Health of an opening of a new business or a change in the ownership of a business shall pay a late fee of $60 per month for a minimum of six months unless proof is submitted to the Health Officer or his designee of the date on which the establishment began its operation. This fee shall be in addition to the annual license fee not as punishment, but in recognition of the extra work and problems associated with the operation of the uninspected business with an expired license. Any change in ownership shall render a license null and void requiring that the new owner or owners apply for a new license prior to opening the business with new or changed management.
[Added 7-5-1995 by Ord. No. 126 BH; amended 1-6-2004 by Ord. No. 129 BH; 5-3-2005 by Ord. No. 131 BH; 10-2-2007 by Ord. No. 134 BH; 11-3-2011 by Ord. No. 136 BH]
C. 
Any fee for license or permit may be waived by the Board of Health, but in no event shall any fee be charged for any license or permit for any federal, state, county or municipal establishment.
D. 
(Reserved)[2]
[2]
Editor's Note: Former Subsection D, concerning temporary retail food and drink licenses, was removed as superseded by Ord. No. 136 HB, adopted 11-3-2011. See now Subsection B(1).
E. 
Supervision of food establishments.
[Added 2-7-1983 by Ord. No. 119 BH]
(1) 
It is the policy of the Board of Health to encourage food establishments to have supervisory and management personnel keep themselves up-to-date through continuing education. This will help protect the public health.
(2) 
Every food establishment prior to the renewal of its license shall submit proof that at least one supervisory employee has attended a program during the previous calendar year satisfactory to the Board of Health. An additional license fee charge of $50 shall be assessed for all food establishments in addition to that specified in Subsection B(1). Places that attend a satisfactory continuing education program shall be exempt from this additional license fee charge. This section is in recognition that proper training helps prevent food poisonings and helps provide the knowledge to keep establishments clean. Establishments that sell manufactured prepackaged food or drink items shall be exempt from the requirements of this section.
F. 
License fees for food establishments shall be assessed as follows:
[Added 2-7-1983 by Ord. No. 119 BH; amended 4-7-1986 by Ord. No. 120 BH; 10-7-1991 by Ord. No. 124 BH; 11-6-1989 by Ord. No. 122 BH; 7-5-1995 by Ord. No. 126 BH; 1-6-2004 by Ord. No. 129 BH]
(1) 
Basic license fee as listed in Subsection B(1).
(2) 
A late fee of $75 a month for failure to renew the license by the May 1 annual due date. The fee shall take effect June 1 annually.
[Amended 11-3-2011 by Ord. No. 136 BH; 2-13-2018 by Ord. No. 1934; 2-14-2019 by Ord. No. 144 BH]
(3) 
A reinspection fee of $75 for each and every reinspection that results in a rating other than satisfactory.
[Amended 11-3-2011 by Ord. No. 136 BH]
(4) 
(Reserved)[3]
[3]
Editor's Note: Former Subsection F(4), concerning attending a training program, was repealed 11-3-2011 by Ord. No. 138 BH.
(5) 
Laboratory retest fee for unsatisfactory test results of $75 or more for each analysis as specified in Subsection G.
G. 
The cost of unsatisfactory laboratory tests required because of a complaint or a suspect food poisoning or a retest required because of unsatisfactory results on a prior test shall be assessed and added onto the annual license fee. This is in recognition of the fact that food establishment license fees should be adequate to cover costs of the regulatory agency. The minimum charge assessed shall be $75 in recognition that it costs time and money for the Health Department to collect samples and take them to the laboratory. If the laboratory charges exceed $50, then the costs assessed shall be $25 plus the actual laboratory charge.
[Added 4-7-1986 by Ord. No. 120 BH; amended 11-6-1989 by Ord. No. 122 BH; 10-7-1991 by Ord. No. 124 BH; 7-5-1995 by Ord. No. 126 BH; 1-6-2004 by Ord. No. 129 BH; 11-3-2011 by Ord. No. 136 BH]
All licenses required by this code shall expire on March 1 of the year following the issuance of the same.
[Amended 10-5-1970 by Ord. No. 100 BH; 4-7-1986 by Ord. No. 120 BH; 11-6-1989 by Ord. No. 122 BH; 10-7-1991 by Ord. No. 124 BH; 7-5-1995 by Ord. No. 126 BH; 1-6-2004 by Ord. No. 129BH]
Maximum penalty. Any person violating any of the provisions of any chapter adopted by the Board of Health of the Borough of Middlesex shall, upon conviction thereof, pay a penalty of not less than $100 nor more than $1,000 for each offense. Each day a violation shall continue may be considered a separate offense. Complaint shall be made in the Municipal Court of the Borough of Middlesex or before another judicial officer having authority under the laws of the State of New Jersey. The court shall have the power to impose the other and additional penalties provided by N.J.S.A. 26:3-77 and N.J.S.A. 26:3-78.