[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.
A.Â
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.
C.Â
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.
D.Â
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.
E.Â
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.
F.Â
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.
G.Â
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.
A.Â
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.
B.Â
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.
C.Â
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.