[HISTORY: Adopted by the Board of Health of the Borough of River Edge 12-31-1975 as Ch. BH-III of the 1975 Code. Amendments noted where applicable.]
A Code regulating retail food establishments and fixing penalties is hereby established pursuant to N.J.S.A. 26:3-69.1 through 26:3-69.6. A copy of the Code is annexed hereto and made a part hereof without the inclusion of the text herein.
The Code established and adopted by this chapter is described and commonly known as Chapter XII of the State Sanitary Code, entitled "Sanitation in Retail Food Establishments and Food and Vending Machines."
Three (3) copies of Chapter XII of the State Sanitary Code have been placed on file in the offices of the Secretary of the Board of Health and the Borough Clerk for the use and examination of the public.
Permit required. No person shall operate a retail or wholesale food establishment as defined by N.J.S.A. 24:15-1 without having first obtained a permit to operate the same or an approval of an existing permit to operate such establishments from the Board of Health of the borough. None of the aforementioned business operations shall be conducted otherwise than in accordance with such permits and the rules and regulations of the Board of Health of the borough now or hereafter adopted or ordained.
Nonprofit exemptions. All corporations and associations not for profit under Title 15 of the New Jersey statutes and religious corporations and associations under Title 16 of the New Jersey statutes which operate or in which there is operated a food handling establishment must obtain a permit and abide by all terms and conditions of this chapter and all other ordinances of the Board of Health. However, corporations and associations not for profit under Title 15 and religious corporations and associations under Title 16 shall be exempt from the fee requirements of Subsection B.
Posting. Any permit or approval of an existing permit required by Subsection A shall be posted in a conspicuous place in the establishment regulated thereby.
Transferability of permits issued by another jurisdiction. A permit or approval of a permit issued by a Board of Health other than the River Edge Board of Health for a food establishment regulated by this chapter is not transferable.
Expiration; renewal. Permits issued or approved under this chapter shall expire on December 31 of each year. All applications for renewal thereof shall be submitted, together with the required fee, prior to December 15 of each year.
Revocation or suspension. A permit or approval of permit under this chapter may be suspended or revoked for a violation by the holder of any provision of this chapter, any ordinance or regulation of the River Edge Board of Health, any ordinance of the Borough of River Edge or any New Jersey State Statute or regulations of the New Jersey Department of Health. Prior to such suspension or revocation, the holder shall be given the opportunity for a hearing by the Board of Health of the borough or its authorized representative.
Maximum penalty. Any person violating any of the provisions of any chapter adopted by the Board of Health of the borough shall, upon conviction thereof, pay a penalty of not less than five dollars ($5.), nor more than five hundred dollars ($500.), for each offense. Complaint shall be made in the Municipal Court of the borough 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 26:3-78.
Separate violation. Except as otherwise provided, each and every day in which a violation of any of the provisions of any chapter adopted by the Board of Health exists shall constitute a separate violation.
Collection of fees and penalties. All fees and penalties collected under any provision of any chapter adopted by the Board of Health shall be paid to the Chief Financial Officer of the borough.