[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.
An individual working with unpackaged food, food equipment
or utensils, or food-contact surfaces.
A certificate awarded to a food employee for the successful
completion of a food-handler training program approved by the Board
of Health.
A person who has successfully completed an accredited eighteen-hour
food protection certification program approved by the Board of Health.
A.Â
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.
B.Â
The certificate shall be valid for a period of two
years.
A.Â
It shall be the responsibility of the owner/manager
to have food employees with valid food-handler certificates.
B.Â
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.
C.Â
The Registered Environmental Health Specialist reserves
the right to mandate that additional employees become certified.
D.Â
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.
A.Â
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.
B.Â
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.
A.Â
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.
B.Â
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.
C.Â
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.
