Borough of Raritan, NJ Chapter 180 Food Establishments; Health Department Fees

[HISTORY: Adopted by the Board of Health of the Borough of Raritan 1-13-2016 by Ord. No. BH: 2015-01.[1] Amendments noted where applicable.]

[1] Editor's Note: This ordinance repealed former Ch. 180, Food Establishments, adopted 3-13-1985 (Ch. 58 of the 1966 Code). This chapter is being kept in the Code for the sake of continuity but has not been adopted by the Raritan Borough Council. This chapter has been adopted by and is being enforced and maintained by the Board of Health.

§ 180-1 Compliance required.

All retail food establishments operating within the Borough of Raritan shall operate in compliance with Title 24, Chapter XII, of the New Jersey State Sanitary Code and all other applicable state and local codes.

§ 180-2 Physical examinations.

Any employee, manager or managing proprietor of a retail food establishment may be required by the Board of Health or its authorized representative to submit to a physical examination by a physician duly licensed to practice medicine in the State of New Jersey, for the purpose of ascertaining whether he or she is affected by any communicable disease or other condition which may pose a threat to the health of the patrons or other employees of the establishments whenever, in the judgment of the enforcing official, such examination may be necessary.

§ 180-3 Licenses and permits.

A. No person or organization shall operate a retail food-handling establishment unless a retail food license shall have been issued by the Board of Health. Such license shall be posted in a conspicuous place near the public entrance of the establishment.

B. All applications for retail food establishment licenses shall be made, in writing, by the applicant on a form to be approved by the Board of Health. An application for a new retail food establishment may be made at any time of the year. In the event that the license is not granted, all fees submitted will be retained by the Board of Health.

C. Retail food licenses issued pursuant to the provisions of this chapter shall expire annually on the 31st day of August. Applications for renewal of an existing license shall be on the same approved form as for the original application for a new license and shall be submitted to the Board of Health office on or before the 31st day of August of each year.

D. No person or organization shall operate or conduct a temporary retail food sale unless a temporary food sale permit shall have been issued by the Board of Health.

E. All applications for temporary food sales shall be made on a form approved by the Board of Health. The temporary permit shall only be valid for the time period specified thereon. The application shall be completely filled out and returned with the appropriate fee to the Board of Health at least seven working days prior to the sale date.

§ 180-4 Fee schedule.

The following fees shall be paid before service is rendered.

A. Food and drink licenses.

(1) Retail food establishment (annual fee): $150.

(2) Employees: $2 per employee.

(3) Reinspection following a conditional or unsatisfactory rating: $100.

(4) Food establishment late fee (after October 1): $100.

(5) Plans reviewed for a new food establishment: $50.

(6) Plans reviewed for an alteration to an existing food establishment: $50.

(7) Vending machines permit:

(a) Limited service: $20 + $5 permit per unit.

(b) Full-service license: $20 + $10 permit per unit.

(8) One-day permit for vendors or establishments currently holding a valid retail food license in Raritan Borough: fee waived.

(9) One-day permit for nonprofit or service organizations: fee waived.

(10) Temporary food sale permit for vendors not currently holding a valid Raritan Borough retail food license: $50.

(a) Each consecutive day: $5.

(b) In no case shall a temporary food permit be issued for events lasting longer that six consecutive days.

(11) Mobile food vendor (annual fee): $50.

(12) If a food establishment has been closed for 21 consecutive days or more, a reinspection is required prior to reopening.

(13) No person shall conduct, maintain or operate a public eating establishment in the Borough of Raritan who does not successfully complete a course in food handling acceptable to Health Officer or other designated agent of the Board of Health. Training must be completed at a frequency consistent with the following:

(a) At least one establishment manager must be certified in an acceptable course in food sanitation at least once every five years.

(b) Any proposed establishment which files an application to operate a public eating establishment must complete an acceptable course within one year of operation.

(c) Any establishment which receives a below-satisfactory inspection rating must register for the next available session of a training course acceptable to the Health Officer or other designated agent of the Board of Health.

(d) At each establishment where food is handled at all times when such establishment is open for business, there shall be on duty at least one person who shall have successfully completed a food handlers' training course given by the Somerset County Health Department or a similar course offered within the State of New Jersey.

B. Registrar's services.

(1) First certified copy of birth certificate: $25.

(a) Each additional certified copy: $2.

(2) First certified copy of death certificate: $25.

(a) Each additional certified copy: $2.

(3) First certified copy of marriage license/civil union certificate: $25.

(a) Each additional certified copy: $2.

(4) Vital Statistics record search: $1 per year.

C. Environmental health services.

(1) Inspection of underground storage tank: $100.

(2) Radon testing (charcoal canister): $20.

(3) Abatement of public health nuisance ordered by the Health Department: up to three times the actual cost, as determined at a hearing held by the Board of Health.

(4) Annual tanning parlor license: $150.

(5) Annual permit for public pool: $50.

(6) Annual permit for public whirlpool/spa: $50.

(7) Annual permit for nonprofit or governmentally run public pool, whirlpool/spa: fee waived.

(8) Tattoo parlor and/or body piercing: $150.

§ 180-5 Revocation of license or permits.

Any retail food establishment license or temporary permit may be suspended or revoked for any violation of applicable state or local Board of Health regulations governing the sale or distribution of food or for any violation of this chapter. Sanitary inspections by the Board of Health or its designated representatives shall be conducted to determine the degree of compliance with applicable regulations.

§ 180-6 Nontransferability of licenses or permits.

A retail food establishment license and a temporary retail food permit are both nontransferable. Retail food establishment owners or proprietors shall notify the Board of Health at least 30 days prior to the sale of any food- or beverage-related business operating within the Borough of Raritan.

§ 180-7 Violations and penalties.

Any person, firm or corporation who shall violate any of the provisions of this chapter shall, upon conviction, be punished by penalty of not less than $5 nor to exceed $500 or by imprisonment in the county jail for a period not to exceed 90 days, or by both such fine and imprisonment. Each violation of any of the provisions of this chapter and each day the same is violated shall be deemed and taken to be a separate and distinct offense. Action may be brought in the Municipal Court or any other court with jurisdiction.

§ 180-8 Recovery of costs.

The Board of Health may institute an action at law to recover costs incurred by it in enforcing this chapter from any person, owner, corporation, tenant or occupant who after notice and notification, as herein provided, fails to comply with this chapter. The amount so charged shall forthwith become a lien upon such land and shall be added to and become and form part of the taxes to be assessed and levied upon such lands, by the same officers and in the same manner as taxes.