[HISTORY: Adopted by the Board of Health of the Borough of Wanaque 4-25-1990 as Ord. No. 2-90.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch. 130, Retail Food Handling, adopted 12-2-1963, as amended.
This chapter shall be entitled "Food and Beverages," and, pursuant to N.J.S.A. 26:1A-1 et seq., there is hereby adopted and incorporated herein Chapters 8:24-1 through 8:24-11.15 of the New Jersey Administrative Code, together with the supplements, additions and amendments made or to be made thereto.
No person shall operate a retail food establishment or food and beverage machine unless a license to operate the same shall have been issued by the Borough of Wanaque Department of Health. Such license shall be posted in a conspicuous place in such establishment.
[Amended 12-13-1995 by Ord. No. 2-02-95]
There shall be an annual fee established for a license or license approval issued pursuant to this chapter. Retail food establishment licenses and associated fees shall be as follows:
A. 
Class I.
Type of License
Fee
I-A
Nonseating
$ 40.00
I-B
Prepackaged only
  30.00
I-C
1 to 50 seats
  70.00
I-D
51 to 100 seats
100.00
I-E
101 to 200 seats
150.00
I-F
201 or more seats
175.00
B. 
Class II, major food marketing establishment. Any nonseating food establishment as defined in Class I which is twelve thousand (12,000) square feet or more: two hundred dollars ($200.).
C. 
Class III, school. Any food establishment as defined in Class I which is twelve thousand (12,000) square feet or more: eighty dollars ($80.).
D. 
Class IV, mobile food and drink. Includes any motor vehicle or any vehicle, cart or bicycle of any kind, including hand-carried portable containers in which food or drink is transported, stored or prepared at temporary locations, including catering: fifty dollars ($50.).
E. 
Class V, temporary retail food establishment. Any food establishment as defined in Class I which operates at a fixed location for a temporary period of time not to exceed seven (7) days in connection with a fair, carnival, circus, public exhibition or similar organizational meetings, mobile retail food establishments, as well as agricultural markets: thirty-five dollars ($35.).
F. 
Class VI, vending machine. Any self-service device which, upon insertion of a coin, paper currency, token, card, key or by other means, dispenses unit servings of food, either in bulk or in packages, without the necessity of replenishing the device between each vending operation.
Type of License
Fee
VI-A
Prepackaged only
$15.00
VI-E
Gumball
  5.00
VI-C
All others
20.00
G. 
Class VII, nonprofit. Any food establishment as defined in Class I which has been provided with a Federal Internal Revenue Service tax exemption number and serves, prepares or handles food or drink: no fee.
Licenses issued pursuant to this chapter shall expire annually on December 31 of each year, and the fee therefor shall not be prorated from the date of issuance. Applications for renewal thereof shall be submitted, together with the required fee, prior to December 15 of each year.
Licenses issued pursuant to this chapter shall not be transferable, nor shall they be construed as authorizing the licensee or licensees to carry on the business at any place other than that specified in the license itself.
Licenses issued pursuant to this chapter may be revoked by the Wanaque Board of Health for any good and sufficient reason, provided that due notice thereof shall be given to the licensee and a hearing held before the Board of Health, at which time an opportunity shall be afforded the licensee to show cause why the license should not be revoked.
Each violation of this chapter shall constitute a separate offense and shall be punishable by a civil penalty of not less than twenty-five dollars ($25.) nor more than one hundred dollars ($100.) and such other criminal penalties as may be provided by law.