[HISTORY: Adopted by the Mayor and Council of the Borough of Essex Fells as indicated in article histories. Amendments noted where applicable.]
[Adopted 3-21-1978 by Ord. No. 78-442 (Ch. 8.12 of the 1992 Code)]; amended in its entirety at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
This article requires all food service managers in or employed in the business of preparing or processing food or drink intended for human consumption to obtain a food-handler certificate after successfully completing the required educational course.
As used in this article, the following terms shall have the meanings indicated:
- A raw, cooked, or processed edible substance, ice, beverage, or ingredient used or intended for use or for sale, in whole or in part, for human consumption, or chewing gum.
- FOOD EMPLOYEE
- An individual working with unpackaged food, food equipment or utensils, or food-contact surfaces.
- FOOD-HANDLER CERTIFICATE
- A certificate awarded to a food employee for the successful completion of a food-handler training program approved by the Board of Health.
- FOOD PROTECTION MANAGER
- A person who has successfully completed an accredited eighteen-hour food protection certification program approved by the Board of Health.
The food-handler certificate required by this article shall be issued upon satisfactory completion of a course of instruction in food poisoning, dishwashing procedures and other related food-handler requirements, approved by the Essex Fells Board of Health.
The certificate shall be valid for a period of two years.
It shall be the responsibility of the owner/manager to have food employees with valid food-handler certificates.
Each department must have at least one food employee with a valid food-handler certificate on each shift while food is being prepared and served.
The Registered Environmental Health Specialist reserves the right to mandate that additional employees become certified.
An owner or manager who will be responsible for the operation of a retail food establishment is required to successfully complete an accredited eighteen-hour food protection certification program approved by the Board of Health.
A food-handler certificate is not transferable. No person to whom such certificate is issued or granted shall give, loan, transfer or permit the same to be used by any other person for any purpose whatsoever.
Upon expiration of the certificate, the holder shall be issued a new certificate upon completion of a food-handler course.
All employers shall at all times keep and maintain accurate records of the name and address of each employee, date of employment, date of issuance of the food-handler certificate and the number thereof, which records shall be available at all times for inspection by the Board of Health or any authorized agents or representatives.
[Adopted 12-29-1980 by Ord. No. 80-463 (Ch. 5.08 of the 1992 Code)]
It is unlawful for any person or any body corporate to conduct a retail food establishment as defined in and governed by Chapter XII of the State Sanitary Code of New Jersey, without first having procured an annual license from the Board of Health of the Borough and without complying with any or all of the provisions concerning operation and maintenance of the same as contained in the aforementioned Chapter XII of the State Sanitary Code of New Jersey.
The annual fee for licenses of retail food establishments is fixed as follows: restaurants with a seating capacity of 100 people or more: $200 per annum.
The licenses issued aforesaid shall be effective for the calendar year, expiring on the 31st day of December of the year of issue, and may be renewable for succeeding calendar years thereafter. The license fees shall be due and payable on or before the first day of January of each year. Retail food establishments are required to procure licensing as specified in this article, and the fees for said licenses shall be due and payable in the sums provided in this article, commencing the calendar year 1981, and be subject to renewal for succeeding years.
Suspension; revocation. Any license issued under the terms and provisions of this article may be suspended or revoked by the Board of Health of this municipality for the violation by the licensee of any provision of this article, or Chapter XII of the State Sanitary Code of New Jersey, or whenever it appears 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, 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.
Hearing. A license issued under the terms and provisions of this article shall not be revoked, canceled or suspended until a hearing thereon has been held 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 the 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 if the governing body concludes that the charges have been sustained and substantiated, it may revoke, cancel or suspend the license held by the licensee.
Approval for new license. If any such license has been revoked, neither the holder thereof nor any person acting for him, directly or indirectly, is entitled to another license to carry on the same business within the Borough, unless the application for such license is approved by the Board of Health.
No provision of this article shall be applied so as to impose any unlawful burden on either interstate commerce or any activity of the state or federal government.
Any person, firm or corporation who violates any of the provisions of this article shall, upon conviction, be punished as provided in Chapter 1, Article III, General Penalty, and each violation of any of the provisions of this article and each day the same is violated shall be deemed and taken to be a separate and distinct offense.