The provisions of this chapter shall be deemed to be supplemental to
the provisions of the statute with respect to health and vital statistics
(N.J.S.A. Title 26), and the New Jersey State Sanitary Code as established
and revised by the public Health Council of the State of New Jersey, including
any changes or additions which may have been or which may be enacted hereafter.
Whereas certain commercial services or enterprises conducted in the
Borough are considered to involve potential hazard to the health and welfare
of Borough residents unless acceptable standards of cleanliness are maintained
with respect to quarters, equipment, methods and materials, the Board of Health
hereby designates particular types of commercial and business enterprises
over which it considers it essential to exercise some measure of sanitary
control and directs that the person, partnership or corporation or local manager
thereof responsible for the conduct of such enterprises in the Borough shall
apply for, obtain and display a Health Board permit or Health Board license,
or both, as set forth in this article.
The particular commercial services or enterprises for which a permit
must be obtained and displayed are enumerated, but not limited to, as follows:
B.
Ice/potable water vendors permit fee: $25.
C.
Public swimming pools permit fee: $150.
H.
Cosmetology/hairstyling, tattoos, tanning, piercing and
nail care permit fee: $50.
J.
Drug dispensaries permit fee: $25.
M.
Frozen Dessert Machines permit fee: $10 each machine.
N.
Permanent retail food establishment. The following shall
be general guideline descriptions of the classes of licenses and it should
be realized that there can be food service operations that do not exactly
fit the descriptions. The Board of Health will make the final determination
as to which class of license is applicable.
(4)
Class 4 fee: $175.
(a)
Prepackaged and/or fresh foods.
(b)
Above normal food preparation operations (i.e., as above
except involving full-service menus and hazardous foods, multiple food operations
like supermarkets with bakeries, deli, meat, fish, etc).
(c)
Above normal requirements for food service equipment
(i.e., as above except involving mechanical dishwashing, walk-in refrigeration,
etc.).
(d)
Seating up to 50 people.
(5)
Class 5 fee: $225.
(a)
Prepackaged and/or fresh foods.
(b)
Exceptional food preparation operations (all of the above
with the addition of exceptional quantities as seen in banquet halls, etc.,
and full service menus).
(c)
Exceptional requirements for food service equipment (all
of the above with the addition of conveyor-type dish washing machines, equipment,
required for mass feeding operations; or multiple kitchens).
(d)
Seating for more than 50 people.
P.
Hotels and motels permit fee: $50 per year, plus $5 per
room.
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NOTE: Retail foods shall pay an operating fee based on the size and
extent of the food service and the nature of its required food service equipment.
Such operating fee shall include the applicable milk permit. Frozen dessert
machine licenses will be in addition to the retail permit.
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A.
Every person engaged in or desiring to engage in the
operation of a commercial service or enterprise specified above shall apply
for a permit or license, or both if required, which, if granted, will indicate
satisfactory compliance with sanitary requirements as of the date of issuance
of such permit and will authorize continued operation at the named location
and under the same ownership during continued observance of sanitary standards
satisfactory to the Board of Health and during continued compliance with all
applicable health codes and regulations and laws of the state that are enforceable
by this Board. The premises and operations of any business applying for or
holding a permit or license shall be subject to inspection at any reasonable
time by the enforcing official.
B.
Temporary food establishments are to apply for a license
no later than 30 days prior to the event. If granted, after review by the
inspector, observance of the standards and compliance of Subchapter 8 of the
State Sanitary Code shall be upheld. The operation shall be subject to inspection
at any time.
C.
Licenses shall be prominently displayed upon the premises
for which issued or upon the left side or rear of a vehicle or device for
which a license is required.
D.
The person issued the license shall keep his quarters,
equipment, methods used and quality and wholesomeness of materials used in
conformity with the specifications of the State Sanitary Code, other laws,
regulations or order applicable, and to the ordinances of the Borough and
this chapter.
A.
If any person granted a permit or license, or both, or
if any employee, servant or agent of such permit or license holder shall violate
any ordinance, code, regulation or special order of the Board of Health or
regulation or law of the state in the conduct of the service or business for
which such permit or license was granted, such permit or license may be revoked
or renewal refused at the discretion of the Board; and after the date of such
revocation, such service or business shall not operate in the Borough until
the conditions that caused revocation are rectified and a new license is purchased;
and the owner or persons in charge of such commercial service and any offending
employees of such establishment may be prosecuted for such violation of code
or law as shall have occurred.
B.
Whenever an initial periodic inspection results in a
rating other than satisfactory, the licensee shall pay a reinspection fee
equal to the amount of their annual operating license. Reinspections can be
conducted as frequently as daily until a satisfactory is achieved. Each consecutive
reinspection shall carry the same fee. The repeat inspections and cost reimbursement
fees shall not in any way preclude, preempt, interfere or be a substitute
for legal action in the court to assure correction of the violations.
C.
Failure to obtain the required license prior to conducting
such business shall be considered a violation of this chapter.
The owners, managers and employees of all commercial services and business
enterprises required under this article to have permits or licenses, or both,
are hereby notified that the quarters in which they conduct operations, the
equipment they employ, the methods followed and the quality and wholesomeness
of materials used must, in all respects, conform to the detailed specifications
set forth in the State Sanitary Code or in other state laws or regulations
or codes applicable to the given type of business or service in which they
are engaged, and further, they must conform with such provisions of the Uniform
Construction Code of the Borough[1] and with the applicable articles of this chapter.
When it shall be determined by the Board that any particular type of
commercial services not specifically listed in this article affects the public
health and well-being, the Board may by resolution and public announcement
thereafter require all existing and all new enterprises furnishing such commercial
services to comply, within a period of 60 days, with this article, as fully
as if such type of service had been listed at the time of enactment of this
chapter.
Nonprofit organizations proposing to provide a service or enterprise
for fund-raising purposes, and which, by virtue of the nature of the service
or enterprise proposed are required to obtain a license pursuant to the terms
of this chapter, shall not be required to pay the license fee when applying
for a license, providing all licensing requirements are met.
