Borough of Palmyra, NJ
Burlington County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Health of the Borough of Palmyra as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Board of Health — See Ch. 24.
Alcoholic beverages — See Ch. 70.
Skating rinks, bowling alleys and theaters — See Ch. 72.
Food handling — See Ch. 127.
Sewers — See Ch. 215.
Solid waste — See Ch. 230.
Public health nuisances — See Ch. 288.
Rodent control — See Ch. 295.
[Adopted 5-3-1966 (Ch. 57, Art. I of the 1971 Code)]
Pursuant to Chapter 188, Laws of 1950 (N.J.S.A. 26:3-69.1 to 26:3-69.6), the entire code of rules and regulations printed in pamphlet form as a code and constituting and known by its common name as the "Retail Food Establishment Code of New Jersey (1965)," recommended by the New Jersey State Department of Health, is hereby adopted and established as the Retail Food Establishment Code of the Borough of Palmyra, and a printed copy of said code in book form is annexed hereto and made a part hereof as fully as if set forth herein.
A. 
Three printed copies of the code in book form annexed to this article have been placed on file in the office of the Secretary of this Board upon the introduction of this article and will remain on file there until final action is taken on this article and shall remain on file there for so long as this article is in effect, for the use and examination of the public.
B. 
Said code annexed to this article shall not be published as part of this article either before or after final passage hereof, but in addition to the copies filed with the Secretary as aforesaid, three printed copies thereof conforming to the copy annexed hereto shall be filed in the office of the Secretary of this Board of Health.
Any person who violates any provision of or order promulgated under this article or the code established herein shall, upon conviction thereof, be liable to a penalty of not less than $2 nor more than $100 for each violation. Each day a particular violation continues shall constitute a separate offense.
In the event that any section, sentence or clause of this article or the code shall be declared unconstitutional by a court of competent jurisdiction, such declaration shall not in any manner prejudice the enforcement of the remaining provisions.
[Adopted 5-3-1966 (Ch. 57, Art. II of the 1971 Code)]
[Added 12-27-1972]
For the purpose of this article, the terms used herein are defined as follows:
DRIVE-IN ESTABLISHMENT
A seating establishment where food is or is intended to be sold for consumption by patrons while seated in automobiles parked at the premises of the retail food establishment.
FUND-RAISING ACTIVITY
A retail food establishment wherein retail sales of food are made by or on behalf of nonprofit corporations or associations for either on-premises or off-premises consumption, the net proceeds of which sales are or are intended to be solely for the benefit of the nonprofit corporation or association. No caterer or other profit-making business hired by or associated with such nonprofit corporation or association shall be considered part of any fund-raising activity.
INDUSTRIAL ESTABLISHMENT
A retail food establishment operated by a person, firm or corporation not primarily in the business of retail food sales, which establishment is and shall continue to be operated on a nonprofit basis solely for the use and benefit of the employees of such person, firm or corporation in the hours during which such employees are actually engaged in the business of such person, firm or corporation.
MOBILE ESTABLISHMENT
A seating establishment or nonseating establishment where food is sold for mobile facilities.
NONSEATING ESTABLISHMENTS
A retail food establishment, including mobile establishments, where food is and is intended to be sold in an unprepared or merely partly prepared condition for further preparation and consumption at a time and place different from the time and place of sale. The fact that a nonseating establishment sells food capable of being consumed at the time and place of sale shall not render the same a seating establishment, if the substantial portion of sales made and intended to be made are of the type hereinbefore described as those made by a nonseating establishment.
RETAIL FOOD ESTABLISHMENT
A single enclosure or a single place in, at or from which food or drink for human consumption is sold or served, including but not limited to any fixed or mobile restaurant, coffee shop, cafeteria, short-order cafe, luncheonette, grill, tearoom, sandwich shop, soda fountain, tavern, bar, cocktail lounge, nightclub, roadside stand, industrial feeding establishment, private, public or nonprofit organization or institution routinely serving food, catering kitchen, commissary, box-lunch establishment, retail bakery, meat market, delicatessen, grocery store, public food market and similar places. For purposes of the licensing provision of this article, each such retail food establishment, whether or not more than one such establishment is located upon a single premises and whether or not more than one such retail food establishment is owned, operated or conducted by a single person, firm or corporation, shall be licensed separately.
SEATING ESTABLISHMENT
A retail food establishment, including mobile establishments, at which food is or is intended to be sold for consumption at the time and place of sale, whether or not seats for the use of patrons are actually supplied.
[Added 12-27-1972]
It shall be unlawful for any person, firm or corporation to conduct a retail food establishment in the Borough of Palmyra without first having procured either a license or permit to do so, as the case may be, or without complying with the provisions of the Retail Food Establishment Code of New Jersey (1965). Each day upon which such person, firm or corporation shall do any act which is herein prohibited or omit to do any act which is herein required shall constitute a new violation.
[Added 12-27-1972]
Each retail food establishment, except establishments conducting fund-raising activities, now or hereafter conducted or operated in the Borough of Palmyra shall be licensed in accordance with the provisions of this article.
[Added 12-27-1972]
Each nonprofit corporation or association shall, before the 10th day prior to conducting any fund-raising activity, apply for a permit to do so. Such permit shall be issued by the Secretary of the Board of Health without fee as a matter of course, unless and until the Sanitarian shall have determined that the fund-raising activity is not or will not be conducted in accordance with the provisions of the Retail Food Establishment Code of New Jersey (1965). Not more than four such permits shall issue to a single such nonprofit corporation or association in any twelve-month period following the 30th day of each June.
[Added 12-27-1972]
Any person, firm or corporation herein required to be licensed now or hereafter seeking to operate or conduct a retail food establishment shall, not earlier than the first day of June and not later than the 30th day of June of each year, apply in writing to the Secretary of the Board of Health of the Borough of Palmyra for a license to do so, provided that any such person, firm or corporation seeking to commence business may apply at times other than those hereinbefore set forth for a license, which said license shall expire on the first day of July next ensuing.
[Added 12-27-1972]
The annual fee, which shall be paid in cash or certified check at the time of application, for the issuance of a retail food establishment license is hereby fixed in accordance with the following schedule:
A. 
Nonseating establishments wherein are employed not more than nine employees, not including the owner and his spouse, shall pay an annual fee of $25.
[Amended 8-9-2010 by Ord. No. 2010-10]
B. 
Nonseating establishments wherein are employed more than nine employees, not including the owner and his spouse, shall pay an annual fee of $25.
C. 
Seating establishments having a total seating capacity for not more than 19 persons shall pay an annual fee of $25.
[Amended 8-9-2010 by Ord. No. 2010-10]
D. 
Seating establishments having a total seating capacity for more than 19 persons and not more than 49 persons shall pay a fee of $50.
[Amended 8-9-2010 by Ord. No. 2010-10]
E. 
Seating establishments having a total seating capacity for more than 49 persons and not more than 99 persons shall pay a fee of $75.
[Amended 8-9-2010 by Ord. No. 2010-10]
F. 
Seating establishments having a total seating capacity for more than 99 persons shall pay a fee computed on the basis of $100.
[Amended 8-9-2010 by Ord. No. 2010-10]
G. 
Drive-in establishments shall pay a fee in accordance with the foregoing fees as the same are set forth for seating establishments. Each slot for parking shall be considered to be two seats.
H. 
Mobile establishments shall pay a fee of $25 for each facility from which food is sold in the Borough of Palmyra.
[Amended 8-9-2010 by Ord. No. 2010-10]
I. 
Industrial establishments shall pay a fee of $25.
J. 
All outside catering shall pay a fee of $10.
K. 
Charitable, religious and educational nonprofit corporations, associations and institutions shall be exempt from the payment of the foregoing fees.
Any license issued under the terms and provisions of this article may be suspended or revoked by this Board of Health for the violation by the licensee of any provision of this article or the Retail Food Establishment Code of New Jersey (1965) or whenever it shall appear that the business, trade, calling, profession or occupation of the person, firm or corporation to whom or to which such license was issued is conducted in a disorderly or improper manner, or in violation of any law of the United States, the State of New Jersey or any ordinance of this municipality, or that the person or persons conducting the retail food establishment are 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.
A license issued under the terms and provisions of this article shall not be revoked, canceled or suspended until a hearing thereon shall have been had 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 by deposit 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 said 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 Board of Health concludes that the charges have been substantiated and sustained, it may revoke, cancel or suspend the license held by the licensee. If any such license shall have been revoked, neither the holder thereof nor any person acting for him, directly or indirectly, shall be entitled to another license to carry on the same business within the Borough unless the application for such license shall be 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 or which shall violate any of the provisions of this article shall, upon conviction, be punished by a fine of not to exceed $200 or by imprisonment in the county jail for a period of not to exceed 90 days, or by both such fine and imprisonment, 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.