[HISTORY: Adopted by the Board of Health of the Borough of
Metuchen as indicated in individual article histories. Amendments
noted where applicable.]
[Adopted 9-26-1966 as
Art. II of Ch. 30 of the 1966 Code]
[Amended 4-20-1995]
No person shall operate a retail food-handling establishment
unless a license to operate same shall have been issued by the Board
of Health.[1] Such license shall be posted in a conspicuous place in
such establishment.
[1]
Editor's Note: See N.J.A.C. 8:24-1 et seq.
[Amended 4-20-1995; amended
by Borough Council 12-19-2016 by Ord. No. 2016-32]
B.Â
If there is any change in ownership of a food establishment during
the licensing period, immediate application must be made for a new
food license. Anyone applying for a food license during the last six
months of the licensing period, i.e., July 1 through December 31st,
due to a change of ownership or new establishment, except seasonal
trucks and seasonal establishments, the food license fee will be prorated
to the nearest month.
[Amended 4-20-1995]
Food vending machines shall be considered under this chapter as retail food-handling establishments, and the owners thereof shall pay the required fee as listed in Chapter 87, Fees.
[Amended 4-20-1995]
A person conducting an itinerant retail food-handling establishment shall secure a license, and there shall be a fee charged as listed in Chapter 87, Fees.
A license or approval of a certificate, permit or license issued
by another Board of Health as required by this chapter is not transferable.
[Amended 3-18-1976; 3-18-1979; amended by Borough Council 12-19-2016 by Ord. No. 2016-32]
Licenses issued or approved under the provisions of this chapter
shall expire annually on December 31st of each year, and applications
for renewal thereof shall be submitted, together with the required
fee, prior to December 1 of each year. In the event that the Board
of Health shall sponsor a food-handlers education program during any
year, notice of the same shall be given to each retail food establishment
licensee or itinerant retail food establishment licensee. No license
shall be renewed unless the licensee, proprietor, manager, assistant
manager or other persons in charge of a retail food establishment
or itinerant retail food establishment shall attend such program or
a comparable program approved by the Board of Health. In the event
that the food establishment employs 20 or more persons, then at least
two supervisory personnel of such food establishment shall be required
to attend the aforesaid programs. Based on inspection records made
by the Board of Health, the Board shall have the right to waive the
above attendance requirement for not more than two successive years.
A license or approval of certificate, permit or license as required
by this chapter may be suspended or revoked for a violation by the
holder of any provision of this chapter after an opportunity for a
hearing by the Board of Health or its authorized representatives.
Any person who fails to comply with any section of this article
shall, upon conviction, be subject to a penalty of not less than $5
nor more than $500.
[Adopted 9-26-1966 as
Art. III of Ch. 30 of the 1966 Code]
Each food handler and each person charged with direct supervision
of the operation of a restaurant or establishment where food is consumed
on the premises in the borough shall, within 12 months of the date
of passage of this article or within 12 months from the commencement
of his or her employment, if such employment commences after the passage
of this article, obtain a certificate certifying that he or she has
successfully completed either a course in food-handling provided tuition-free
by the Department of Health of the borough or any other food-handling
course approved by the Department. Notice of the time and place for
each food-handling course shall be published once in a newspaper which
the department uses for the required publication of its ordinances
at least two weeks prior to the time for giving such course. The Department
shall open and accept registration for the required course throughout
the year. Written notice of the time and place for each course shall
be given to all registrants at least two weeks before the date on
which the course is given.
[Amended 3-23-1970]
No owner, manager or person in charge of employment of any restaurant or establishment where food is consumed on the premises shall knowingly employ a food handler or a direct supervisor in charge of its operation, unless such person has completed a food-handling course as provided under § 210-9, or has registered with the Department of Health for the same.
[Amended 3-23-1970]
Any restaurant or establishment where food is consumed on the premises which willfully fails to comply with § 210-10 of this article may have its license suspended or revoked by the Department of Health for a period not to exceed 90 days upon hearing as required by law.
[Amended 3-23-1970]
Any person who fails to comply with any section of this article
shall, upon conviction, be subject to a penalty of not less than $5
nor more than $500.
