[Adopted 9-14-2005; amended in its entirety 5-10-2007]
It shall be unlawful for any person or any body corporate to conduct a food establishment, as defined in and governed by N.J.A.C. 8:24 et seq., without first having procured an annual license from the local Board of Health so to do and without complying with any or all of the provisions concerning operation and maintenance of the same as contained in the aforementioned New Jersey Administrative Code.
The annual fees for licenses of food establishments are hereby fixed as follows:
A. 
Restaurants, luncheonettes and similar establishments.
[Amended at time of adoption of Code (see Ch. 575, General Provisions, Board of Health, Art. V)]
Group
Seating Capacity
Fee
I
1 to 50
$150
II
51 to 100
$250
III
101 to 200
$350
IV
Over 200
$450
B. 
License fees for miscellaneous food establishments shall be as follows:
(1) 
Supermarkets: $400.
[Amended at time of adoption of Code (see Ch. 575, General Provisions, Board of Health, Art. V)]
(2) 
Catering units, mobile, packaged goods only: $75.
[Amended at time of adoption of Code (see Ch. 575, General Provisions, Board of Health, Art. V)]
(3) 
Candy counters: $75.
[Amended at time of adoption of Code (see Ch. 575, General Provisions, Board of Health, Art. V)]
(4) 
Food processing, commercial and wholesale: $400.
[Amended at time of adoption of Code (see Ch. 575, General Provisions, Board of Health, Art. V)]
(5) 
Food service: $100.
(6) 
(Reserved)[1]
[1]
Editor's Note: Former Subsection B(6), regarding single food handling, of the 2008 Code was repealed at time of adoption of Code (see Ch. 575, General Provisions, Board of Health, Art. V).
(7) 
Delicatessen: $175.
[Amended at time of adoption of Code (see Ch. 575, General Provisions, Board of Health, Art. V)]
(8) 
Cafeteria: $100.
C. 
Fees for temporary food-handling permits shall be as follows:
(1) 
Maximum of 10 days for carnivals, fairs and other temporary amusements: $30 ($10 additional per day, up to 10 days).
[Amended at time of adoption of Code (see Ch. 575, General Provisions, Board of Health, Art. V)]
(2) 
A temporary nonprofit permit for a recognized Bloomfield-based nonprofit organization for events sponsored by said organization with temporary food service equipment owned or operated by members of the organization can be granted upon application to and approval by the Board of Health. The fee per facility, stand, cart, etc., is $20.
D. 
License fees will be waived for any nonprofit, not-for-profit, tax exempt or charitable organization based in Bloomfield, upon presentation of properly completed license application and supporting documentation from the United States Internal Revenue Service and the State of New Jersey. For profit entities operating under contract to or under an agreement with an organization, or which are housed within a facility owned or operated by such an organization eligible for fee waiver, are not granted a fee waiver.
E. 
Reinspection fee: An inspection fee, in addition to the annual fee as prescribed in this chapter, shall be imposed upon any food establishment as follows:
(1) 
For each inspection carried out pursuant to a complaint when such inspection results in a determination that said food establishment is in violation of the State Sanitary Code or of any municipal ordinances relating thereto; and
(2) 
For reinspections carried out after an initial or reinspection resulting in a conditionally satisfactory or unsatisfactory rating or of failure of an inspection carried out pursuant to a complaint as set forth in Subsection E(1):
[Amended at time of adoption of Code (see Ch. 575, General Provisions, Board of Health, Art. V)]
(a) 
For a first reinspection: $100.
(b) 
For a second reinspection: $150.
(c) 
For a third or subsequent reinspection: $175.
A. 
With the exception of mobile catering units, the licenses issued aforesaid shall be effective for the calendar year, expiring on the 31st day of December of the year of issue. The licensing period for mobile catering units shall be May 1 through April 30.
B. 
With the exception of mobile catering units, the fee for license renewals shall be due and payable on or before the first day of February in the year of renewal. A license for mobile catering units will be issued only after a satisfactory health inspection and proof of compliance with § 194-9.[1]
[1]
Editor's Note: Former Ch. 194, Peddling and Soliciting, was repealed 11-7-2007 by Ord. No. 07-51.
C. 
There shall be a late fee charge of $50 where the renewal fee is paid after February 1.
[Amended at time of adoption of Code (see Ch. 575, General Provisions, Board of Health, Art. V)]
Any license issued under the terms and provisions of this chapter may be suspended or revoked by the Board of Health of this municipality for the violation by the licensee of any provision of this chapter or N.J.A.C. 8:24 et seq., or whenever it shall appear that the business, trade, calling, profession or occupation of the person, firm or corporation to whom 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 food establishment is 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. 
A license issued under the terms and provisions of this chapter shall not be revoked, canceled or suspended until a hearing thereon shall have been had by the Board of Health.
B. 
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 be deposited 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.
C. 
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 sustained and substantiated, it may revoke, cancel or suspend the license held by the licensee.
[Amended at time of adoption of Code (see Ch. 575, General Provisions, Board of Health, Art. V)]
[Amended at time of adoption of Code (see Ch. 575, General Provisions, Board of Health, Art. V)]
If any such license shall have been revoked, neither the holder thereof nor any person acting for them, directly or indirectly, shall be entitled to another license to carry on the same business within the Township unless the application for such license shall be approved by the Board of Health.
No provision of this chapter shall be applied so as to impose any unlawful burden on either interstate commerce or any activity of the state or federal government.
[Amended at time of adoption of Code (see Ch. 575, General Provisions, Board of Health, Art. V)]
Any person, firm or corporation violating any provision of this article shall, upon conviction, be subject to the provisions of Chapter 578, Administration, Article V.
This chapter is being enacted pursuant to N.J.S.A. 40:52-1.
The Board of Health of the Township of Bloomfield shall be responsible for the administration and enforcement of this chapter.