[HISTORY: Adopted by the Township Council of the Township
of Clark as indicated in article histories. Amendments noted where
applicable.]
GENERAL REFERENCES
Licensing — See Ch. 203.
[Derived from Secs. 21-1, 21-4 and 21-7 of the 2002 Revised
General Ordinances, adopted 12-16-2002 by Ord. No. 02-27]
[Amended 9-17-2007 by Ord. No. 07-14]
The words and phrases defined in N.J.A.C. 8:24-1.5 shall govern
the meaning of the words and phrases used in this article, except
as indicated otherwise.
[Amended 9-17-2007 by Ord. No. 07-14; 1-17-2012 by Ord. No. 12-01]
The provisions of N.J.A.C. 8:24-1.1 et seq., "Sanitation in
Retail Food Establishments and Food and Beverage Vending Machines,"
shall be enforced in the Township of Clark.
[Amended 1-17-2012 by Ord. No. 12-01]
Three copies of the provisions of N.J.A.C. 8:24-1.1 et seq.
have been placed on file in the offices of the Township Clerk and
Bureau of Health for the use and examination of the public.
A.
Required; display. No person shall operate a retail food establishment
unless a license to operate the same shall have been issued by the
Bureau of Health, Division of Health. Such license shall be posted
in a conspicuous place in each retail food establishment.
B.
Annual fee. The annual licensing fee for retail food establishments
shall be the sum of $275 per year, irrespective of the size of the
establishment.
[Amended 1-17-2012 by Ord. No. 12-01; 9-17-2012 by Ord. No. 12-10]
C.
Expiration of licenses. All licenses provided for in this article
shall expire on December 31 of each year.
D.
The fee for a temporary retail food establishment shall be $275 per
event; provided, however, that any entity licensed by the Township
of Clark as a retail food establishment within the Township of Clark
shall not be required to pay an additional licensing fee.
[Amended 9-17-2012 by Ord. No. 12-10; 11-21-2016 by Ord. No. 16-11]
E.
Reinspection
fee. There is hereby established a fee for reinspection of any retail
food establishment receiving a posting of "Conditionally Satisfactory"
or "Unsatisfactory" in the amount of $100. If upon reinspection any
retail food establishment receives a "Conditionally Satisfactory"
or "Unsatisfactory" posting, there shall be an additional fee of $100.
[Added 2-22-2022 by Ord. No. 22-03]
A.
Inspection of place of food preparation. Mobile retail food establishments
shall designate to the Bureau of Health the location of preparation
and processing of all food handled. The Bureau of Health shall be
allowed to examine the location of the preparation and processing
of all food handled, and these locations shall conform to the approved
standards of this article. When a location is changed, the operator
shall notify the Bureau of Health forthwith by certified mail.
A.
If the Bureau of Health finds that the holder of a license issued
under this article is in violation of this article and that the violation
is detrimental to the health and welfare of the Township, it may suspend
such license until such violation is corrected.
B.
The Bureau of Health may refuse to renew or may revoke any license
under this article if it finds, after notice and opportunity to be
heard is given to the licensee by the Bureau, that the issuance or
continuance thereof would work substantial detriment to the health
and welfare of the Township by reason of the violation of this article
by the applicant or licensee.
[Amended 1-17-2012 by Ord. No. 12-01]
A.
Distribution
permit and location license required.
(1)
No distributor shall engage in the operation of a food and beverage
vending machine business for profit without having obtained a distribution
permit to do so from the Bureau of Health or without complying with
all the provisions of N.J.A.C. 8:24-1.1 et seq.
(2)
No person, other than a distributor, shall maintain or permit the
maintenance of any food or beverage vending machine without having
obtained a location license for each machine from the Bureau of Health
or without complying with the provisions of N.J.A.C. 8:24-1.1 et seq.
(3)
All food and beverage vending machines shall be subject to inspection
by the Bureau of Health.
B.
Applications.
Applications for permits or licenses shall be made to the Bureau of
Health in accordance with the provisions of N.J.A.C. 8:24-1.1 et seq.
and shall be accompanied by the appropriate fee.
C.
Fees; terms;
transfers.
(1)
Fees.
[Amended 11-21-2016 by Ord. No. 16-11; 1-17-2023 by Ord. No. 23-04]
(2)
Expiration.
(a)
All permits and licenses issued after November 8, 2000, shall
expire on December 31 of the licensing year.
(b)
All retail food establishment licenses, including mobile vendors
and vending machines, shall be renewed annually no later than February
1 of the licensing year. A late fee of $100 per month shall be added
to the existing license fee after February 1.
[Derived from Secs. 21-2 and 21-7 of the 2002 Revised General
Ordinances, adopted 12-16-2002 by Ord. No. 02-27]
[Amended 9-17-2007 by Ord. No. 07-14]
As used in this article, the following terms shall have the
meanings indicated:
The operator, person in charge, person having supervisory
or management duties, person on the payroll, family member, volunteer,
person performing work under contractual agreement, or other person
working in a retail food establishment.
A raw, cooked, or processed edible substance, ice, beverage,
or ingredient used or intended for use or for sale, in whole or part,
for human consumption, including chewing gum.
An operation that stores, prepares, packages, serves, vends
or otherwise provides food for human consumption.
Any retail food establishment that:
Any retail food establishment that has a limited menu and:
Prepares, cooks and serves most products immediately;
Exercises hot and cold holding of potentially hazardous foods
after preparation or cooking; or
Limits the complex preparation of potentially hazardous food,
including the cooking, cooling, and reheating for hot holding, to
two or fewer items.
Any retail food establishment that:
Has an extensive menu which requires handling of raw ingredients
and is involved in the complex preparation of menu items that includes
the cooking, cooling and reheating of at least three or more potentially
hazardous foods; or
Prepares and serves potentially hazardous foods, including the
extensive handling of raw ingredients, and whose primary service population
is a highly susceptible population.
A retail food establishment that conducts specialized processes,
such as smoking, curing, canning, bottling, acidification designed
to control pathogen proliferation, or any reduced-oxygen packaging
intended for extended shelf-life, where such activities may require
the assistance of a trained food technologist.
The operator, person in charge or designated person in charge
and shall ensure that a person in charge is present at the retail
food establishment during all hours of operation.
[Amended 9-17-2007 by Ord. No. 07-14]
By January 2, 2010, at least one person in charge of a Risk
2, Risk 3 and Risk 4 type of food establishment shall be a certified
food protection manager who has shown proficiency of required information
through obtaining a food safety certificate by passing a food safety
certification examination administered by an accredited certifying
program recognized by the Conference for Food Protection. Certified
food protection managers shall maintain the currency of the food safety
certificate by following the accredited certifying program's requirements
for renewal.
No establishment shall operate without the supervisor(s) employed
in that establishment completing a course of general instruction in
bacteria characteristics and growth, spread of food-borne diseases,
methods of preventing food poisoning, proper food-handling techniques,
equipment and establishment sanitation, dishwashing and sanitization
and insect and rodent control.
A food handler's certificate may be granted to a supervisor
who has taken a comparable course of instruction approved by the Health
Officer of the Township of Clark.
No person to whom a food handler's certification is issued or
granted shall give, loan, transfer or permit the same to be used by
any other person for any purpose whatsoever.
