[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.
(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.
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)]
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.