[HISTORY: Adopted by the City Council of
the City of Paterson 12-18-1979 by Ord. No. 79-111 as Ch. 13, Art. 15,
of the 1979 Revised General Ordinances of Paterson. Amendments noted
where applicable.]
[Amended 12-19-1995 by Ord. No. 95-068; 10-24-2007 by Ord. No. 97-056]
The words and phrases defined in N.J.A.C. 8:24-1.5
shall govern the meanings of such words and phrases in this chapter,
except as indicated otherwise.
Any physical change in a retail food establishment that will
change its Division of Health licensing category, change its annual
licensing fee, or otherwise significantly change the nature of the
operation.
Any other operation where food is distributed to the public
for consumption.
[Added 11-20-2018 by Ord. No. 18-054]
A retail food establishment selling no food or beverages other than prepackaged or wrapped foods, such as but not limited to soft drinks, bottled alcoholic beverages, candy, chips and other snacks, etc., which are packaged, wrapped, manufactured or processed outside of such establishments. Provisions of this Code governing prepackaged food and beverage stores shall be applicable to any liquor stores accurately described by the above definition, except where application of such provisions conflicts with state law or Chapter 113 of this Code.
[Amended 11-20-2018 by Ord. No. 18-054]
A retail food establishment that, for monetary compensation, prepares and serves ready-to-eat meals, snacks, refreshments or desserts, even where no seating is offered on premises. Examples include, but are not limited to, restaurants, take-out restaurants, cafes, coffee shops, bakeries, donut shops, and ice cream parlors. Provisions of this Code governing public eating places shall be applicable to any taverns accurately described by the above definition, except where application of such provisions conflicts with state law or Chapter 113 of this Code.
An operation that stores, prepares, packages, serves, vends,
or otherwise provides food for human consumption, consistent with
the illustrations provided by N.J.A.C. 8:24-1.5. Examples include,
but are not limited to, butchers, meat markets, fish stores, produce
stores offering cut fruit and vegetables, prepackaged food and beverage
stores as defined herein, and public eating places as defined herein.
However, abattoirs, slaughterhouses, food vending machines and food
vending vehicles shall be excluded from the definition, and shall
be governed by other provisions of this Code.
Any retail food establishment vendor that serves food and/or
beverages for a period of less than six months. Any retail food establishment
that serves food and/or beverages for a period of six months or more
shall not be eligible for a temporary food stand license. Frozen desert
vehicles shall not be included in this definition.
[Added 11-20-2018 by Ord. No. 18-054]
[Amended 1-23-2007 by Ord. No. 07-001]
A.
No person shall operate a retail food establishment
as defined and governed by N.J.A.C. 8:24-1.1 et seq. without first
having applied to and obtained a license from the Health Division
of the City to operate said business.
B.
Every retail food establishment as defined and governed
by N.J.A.C. 8:24-1.1 et seq. must provide reasonable access to toilet
facilities for its customers. Said facilities shall be kept clean
and in working order during hours of operation. In addition, said
facilities must be separated from food preparation and dining areas
by walls and doors, in order to provide sanitary conditions and privacy
for individuals using such facilities. All bathrooms shall be equipped
with soap, paper towel, running hot and cold water and handwashing
signage. If the establishment is a strictly takeout operation, such
establishment may be exempt from this requirement at the discretion
of the inspecting official.
[Amended 11-20-2018 by Ord. No. 18-054]
C.
Every retail
food establishment as defined and governed by N.J.A.C. 8:24-1.1 et
seq. must submit to a health inspection conducted by the Paterson
Division of Health upon its initial application and annually upon
the renewal of said application.
[Added 6-28-2016 by Ord.
No. 16-049]
D.
The enforcing official shall inspect, as often as said official deems
necessary, every retail food establishment. The person operating a
retail food establishment shall permit access to all parts of the
establishment and shall make available all records of food purchases
on demand, and upon the request of the enforcing official.
[Added 11-20-2018 by Ord.
No. 18-054]
E.
A fee shall be imposed for all establishments requiring a reinspection
for any reason during any calendar year. The fee shall be as follows:
[Added 11-20-2018 by Ord.
No. 18-054]
(1)
For retail food establishments that are 5,000 square feet in size
or greater, a fee shall be imposed in the amount of $150 for the first
reinspection that is required. If a second reinspection is required,
such establishment shall be required to pay a fee in the amount of
$200. If three or more reinspections are required, such establishment
shall be required to pay a fee in the amount of $300 and may be subject
to closure and/or court action.
(2)
For retail food establishments that are less than 5,000 square feet
in size, a fee shall be imposed in the amount of $75 for the first
reinspection that is required. If a second reinspection is required,
such establishment shall be required to pay a fee in the amount of
$100. If three or more reinspections are required, such establishment
shall be required to pay a fee in the amount of $300 and may be subject
to closure and/or court action.
(3)
For prepackaged retail food establishments, a fee shall be imposed
in the amount of $75 for the first reinspection that is required.
If a second reinspection is required, such establishment shall be
required to pay a fee in the amount of $100. If three or more reinspections
are required, such establishment shall be required to pay a fee in
the amount of $300 and may be subject to closure and/or court action.
(4)
For restaurants with zero to 299 seats, a fee shall be imposed in
the amount of $100 for the first reinspection that is required. If
a second reinspection is required, such establishment shall be required
to pay a fee in the amount of $200. If three or more reinspections
are required, such establishment shall be required to pay a fee in
the amount of $300 and may be subject to closure and/or court action.
(5)
For establishments with 300 or more seats, a fee shall be imposed
in the amount of $150 for the first reinspection that is required.
If a second reinspection is required, such establishment shall be
required to pay a fee in the amount of $200. If three or more reinspections
are required, such establishment shall be required to pay a fee in
the amount of $300 and may be subject to closure and/or court action.
F.
Requirements for retail food establishments.
[Added 11-20-2018 by Ord.
No. 18-054]
(1)
The premises shall be kept clean and free of litter and rubbish.
(2)
No retail food establishment or part thereof shall be operated in
any room used as living or sleeping quarters.
(3)
Adequate lockers or dressing rooms shall be provided for employees'
clothing and shall be kept clean. Soiled linens, coats and aprons
shall be kept in containers provided for this purpose.
(4)
Signs shall be posted in each toilet and other rooms used by employees
and in the kitchen indicating the requirements for washing the hands,
arms and other exposed surfaces of the body which may contact food
after a bodily function or some other contaminating contact.
(5)
The floors, walls, ceilings, shelving, partitions, windows, doors
and other surfaces shall be made of or coated with a washable surface
material, which shall be kept clean and in good repair in those rooms
in which food or drink is stored or prepared or in which utensils
are washed or in which toilet and lavatory facilities are provided.
(6)
Every room shall be properly lighted, drained, plumbed and ventilated
and shall be kept free of insects, vermin and other animals.
(7)
When any such establishment is subject to infestation by insects,
vermin or other pests, a rodent- and insect-control program must be
maintained continuously. When requested, records of times and methods
used must be made readily available. The enforcing official may close
any establishment where such infestation occurs as described above.
(8)
Running hot and cold water under pressure shall be easily accessible
to all rooms in which food is prepared or utensils are washed. The
water supply system shall be adequate as to quantity and quality and
meet the potable water standards adopted by the State Department of
Health.
(9)
There shall be adequate and properly located toilet facilities in
accordance with N.J.A.C. 5:23-3.15 and 5:23-7.1 et seq. The doors
of all toilet rooms shall be self-closing.
(10)
Adequate and properly located hand-washing facilities shall
be provided, including hot and cold running water, soap and approved
sanitary towels or air hand-drying facilities. The use of a common
towel is prohibited.
(11)
Employees shall not resume work after using the toilet room
or subjecting the hands to other contaminating contacts without first
washing the hands and arms with soap and hot water.
(12)
All garbage and waste materials shall be placed in suitable
galvanized iron or other sanitary containers that are watertight and
shall be covered with close-fitting lids.
(13)
All garbage and waste shall be removed daily from within the
establishment.
(14)
All cans used to store garbage and waste materials shall be
thoroughly cleaned immediately upon being emptied.
(15)
All plumbing and waste disposal equipment shall be so designed,
installed, maintained and utilized in such a manner as to prevent
contamination of the water supply, food, drink or equipment.
(16)
Display cases, windows, counters, shelves, tables, refrigerating
equipment, sinks and other equipment or utensils used in connection
with the operation of said business shall be so constructed as to
be easily cleaned, shall be kept in good repair and shall be kept
clean and free from dust, dirt, insects, chemicals and other contaminating
material. Utensils containing or plated with cadmium, lead or other
toxic material shall not be used.
(17)
All cloths used by employees and persons shall be kept clean.
(18)
No article, polish or other substance containing any cyanide
preparation or other poisonous material shall be used for the cleaning
or polishing of utensils.
(19)
After utensils are cleaned, they shall be stored in a clean,
dry place protected from flies, dust and other contamination, and
shall be handled in such a manner as to prevent contamination.
(20)
All food and drink shall be clean, wholesome, free from spoilage
and free of added toxic materials of all types, and shall be so prepared
as to be safe for human consumption.
(21)
All perishable food and drink shall be maintained at or below
41° F., or above 135° F. except during the time of preparation
or processing. Such temperatures shall be maintained while in vehicles
used for transporting same. Hot prepared food and drink may be air-cooled
down to 150° F., but, for holding and storage below the point
of 150° F., the food and drink must be reduced to a temperature
of 41° F. or lower in a period not to exceed one hour.
(22)
Potentially hazardous food should be cooked as follows:
(a)
145° F. or above for 15 seconds for fish, meat, pork and
commercially raised game animals.
(b)
155° F. for 15 seconds corresponds to the holding time for
ratites and injected meats; if they are comminuted: fish, meat, commercially
raised game animals, and raw eggs.
(c)
165° F. or above for 15 seconds for poultry, stuffed fish,
stuffed meat, stuffed pasta, stuffed poultry, stuffed ratites, or
stuffing containing fish, meat, poultry, cheese or ratities.
(d)
Fruits and vegetables that are cooked for hot holding shall
be cooked to a temperature of 135° F.
(e)
Except during preparation, cooking, or cooling, or when time
is used as the public health control, potentially hazardous food shall
be maintained:
(23)
Food and containers of food shall be stored under refrigeration
in such a manner as to permit free circulation of cold air and to
prevent contamination. Fresh meats shall be so stored that juices
cannot drip upon other foods. To promote rapid cooling, sandwich and
salad mixtures and chopped, cut, boned or leftover food shall be kept
refrigerated in shallow containers not to exceed three inches in food
depth or by such other satisfactory means that will ensure prompt
cooling of the whole mass to a temperature of 41° F. or lower
within one hour.
(24)
All milk, fluid milk products, ice cream and other frozen desserts
sold shall be from approved sources and shall comply with the provisions
of Chapter 24, N.J.A.C. 8:24-1.1 et seq.
(25)
All poultry, meats, oysters, clams and mussels purchased shall
be from approved sources.
(26)
All food and drink, and the food contact surfaces of utensils
used to store, prepare or serve same, shall be protected from adulteration
and contamination from pesticides, human, animal and rodent discharges
of all types and contamination by dirt, dust, droplets, condensate
and leakage from overhead structures and pipes.
(27)
All employees shall wear clean outer garments and shall keep
their hands and arms clean at all times while engaged in handling
food, drink, utensils or equipment. No employee shall expectorate
or use tobacco in any form in any indoor area.
(28)
No person shall work in any area of a food establishment in
any capacity while affected with any disease in a communicable form
or while a carrier of such disease.
(29)
No person shall work in any area of a food establishment in
any capacity while affected with boils, infected wounds, sores, acute
respiratory infection, jaundice, sore throat with fever, nausea, vomiting,
or diarrhea which could cause foodborne diseases such as staphylococcal
intoxication, shiga, toxin-producing E. coli, salmonellosis, shigellosis
or the hepatitis A virus.
(30)
No person shall work in any area of a food establishment in
any capacity if there is a likelihood of such person contaminating
food or food contact surfaces with pathogenic organisms, or transmitting
disease to other individuals, and no person known or suspected of
being affected with any such disease or condition shall be employed
in any such area or capacity.
(31)
Food employees may not contact exposed, ready-to-eat food with
their bare hands and shall use suitable utensils such as deli tissue,
spatulas, tongs, single-use gloves, or dispensing equipment, except
when washing fruits and vegetables. Single-use gloves shall be used
for only one task such as working with ready-to-eat food or with raw
animal food, used for no other purpose, and discarded when damaged
or soiled, or when interruptions occur in the operation.
[Amended 5-19-1981 by Ord. No. 81-026; 4-5-1983 by Ord. No. 83-022; 12-27-1988 by Ord. No. 88-047; 4-14-1992 by Ord. No. 92-009; 10-27-1998 by Ord. No. 98-073; 12-29-2003 by Ord. No. 03-093; 10-24-2007 by Ord. No. 97-056; 11-9-2010 by Ord. No. 10-073; 11-20-2018 by Ord. No.
18-054]
A.
The fees for licenses and services provided to retail
food establishments providing food in exchange for monetary compensation
under this chapter shall be as follows:
(3)
The annual license fee for prepackaged food and beverage
stores shall be $250.
(4)
The annual license fee for public eating places seating
zero to 49 persons shall be $250.
(5)
The annual license fee for public eating places seating
50 to 299 persons shall be $500.
(6)
The annual license fee for public eating places seating
300 persons or more shall be $1,500.
(7)
The permit fee for temporary food stands for a single
event shall be $75.
(8)
The permit fee for temporary seasonal food stand license shall be
$300.
(9)
The fee for food establishment plan review (new establishment)
shall be $350.
(10)
The fee for food establishment plan review (alteration)
shall be $300.
(11)
The annual license fee for any business that houses multiple
food operations in the same location that is less than 5,000 square
feet shall be $250 for the first operation and $100 for each additional
operation.
B.
All licenses
shall be renewed by January 31 of each calendar year, beginning in
January of 2019.
C.
A late fee of $25 per month shall be assessed for late renewal of licenses pursuant to Subsection A(1), (2), (3), (4) (5) and (6) if such licenses are not renewed on or before January 31 of the calendar year. Reopening of such establishment will require the payment of all fees, including late fees and a reopening fee of $100.
D.
Any establishment
that fails to renew by June 30 of any calendar year shall be subjected
to closure.
E.
Any amendments to the licensing categories set forth
above shall not be construed as invalidating licenses previously issued.
[Amended 11-20-2018 by Ord. No. 18-054]
A.
If the enforcing official has reason to believe that
any retail food-handling establishment is, or may be, a source of
a confirmed foodborne illness, such official shall advise the owner,
manager or person in charge (PIC) and order the establishment to be
closed until the appropriate investigation is completed. This order
shall be effective immediately and shall remain posted until such
time as the existing health hazard or violation has been eliminated
as determined by the enforcing official.
B.
Potential reasons for closure under this section include
and are not limited to: no hot water, no water, inappropriate temperature
controls, vermin infestation, infection, weather-related catastrophe,
fire beyond operator control, etc. A reopening fee of $100 shall be
assessed for any establishment subjected to closure for any reason
as determined by the health enforcing official.
C.
Any license issued under the provisions of this chapter
may be suspended or revoked by the Health Officer for the violation
by the licensee of any provision of this chapter or N.J.A.C. 8:24-1.1
et seq. or whenever it shall appear that the business, trade, calling
or occupation of the person to whom the license was issued is conducted
in a disorderly or improper manner or in violation of any state or
federal law or any ordinance of the City or that the person conducting
the retail 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.
D.
A license issued under this chapter shall not be revoked or suspended
until a hearing thereon shall have been had by the Health Officer.
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 contain a brief statement of the grounds
to be relied upon for revoking 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. At the hearing
before the Health Officer, the person aggrieved shall have an opportunity
to answer and may thereafter be heard. Upon due consideration and
deliberation by the Health Officer, the complaint may be dismissed
or, if the Division concludes that the charges have been substantiated,
it may revoke or suspend the license held by the licensee.
E.
If any such license shall have been revoked, neither the holder thereof
nor any person acting for him, directly or indirectly, shall be entitled
to another license to carry on the same business within the City unless
the application for such license is approved by the Health Officer.
[Amended 11-20-2018 by Ord. No. 18-054]
A.
A licensee whose license to operate has been suspended pursuant to § 231-4B shall cease operations until the suspension has been terminated by the Health Officer and all appropriate fees are paid.
B.
The period of suspension shall be for such period
of time as the Health Officer may determine to be necessary for the
correction of the conditions that create a health hazard.
C.
No provision of this chapter shall be construed, applied
or enforced so as to impose any unlawful burden on either interstate
commerce or any activity of the state or federal government.
[1]
Editor's Note: Former § 231-5.1, Hours of operation,
was repealed 11-20-2018 by Ord. No. 18-054.
No provision of this chapter shall be construed,
applied or enforced so as to impose any unlawful burden on either
interstate commerce or any activity of the state or federal government.
[Amended 4-14-1992 by Ord. No. 92-009; 11-20-2018 by Ord. No.
18-054]
Any person who violates any provision of this
chapter shall, upon conviction thereof, be punished by one or more
of the following: a fine not exceeding $2,000, imprisonment for a
term not exceeding 90 days or a period of community service not exceeding
90 days. A separate offense shall be deemed committed on each day
during or on which a violation occurs or continues.
