[HISTORY: Adopted by the Mayor and Council of the Borough
of High Bridge as indicated in article histories. Amendments noted
where applicable.]
[Adopted 2-9-2006 as Ch. 252 of the 2006 Code of the Borough of High Bridge]
[Amended 6-13-2013 by Ord. No. 2013-13; 8-12-2021 by Ord. No. 2021-038]
A.
It shall be unlawful for any person or any body corporate to conduct
a retail food establishment as defined in and governed by N.J.A.C.
8:24-1.1 et seq. without first having procured a license from the
Borough Clerk so to do or without complying with any or all of the
provisions concerning operation and maintenance of the same as contained
in N.J.A.C. 8:24-1.1 et seq.
B.
Application for a retail food establishment license shall be made
to the Borough Clerk's office prior to beginning of operations of
any retail food establishment, and no such operations shall commence
until a valid license has been issued by the Borough Clerk at the
direction of the High Bridge Board of Health. Such licenses shall
expire on December 31 of the year of issue.
C.
Annual renewal of the retail food establishment license shall be required and shall be made by application to the Borough Clerk's office in November of each year. The Borough Clerk shall, upon receipt of such application, review the application to ensure proper fees have been paid and forward copies to the Health Officer or Sanitary Inspector for review. As directed by the High Bridge Board of Health, the Borough Clerk shall issue a license to each applicant whose application has been approved. Each license shall be effective from January 1 through December 31 of the succeeding year. In the event that an application for renewal is denied, the High Bridge Board of Health shall meet and specify the reasons for denial and grant a thirty-day period during which the applicant can correct any deficiencies specified or request a hearing. The hearing will be held in accordance with § 190-3B.
D.
The High Bridge Board of Health and Municipal Clerk shall have discretion
in licensing and collection of fees for nonprofit or charity food
establishments.
E.
A temporary retail food establishment license shall be required for
all events of one to three days in duration and shall be made by application
to the Borough Clerk's office. All applications and required fees
for licenses shall be made in full to the Borough Clerk no less than
14 days prior to said event.
F.
Any approved permits in accordance with the provisions of Chapter 261, Parks and Playgrounds, more specifically §§ 261-3, Request for use, and 261-4, Permit for use of Borough property, and any Borough-approved event by means of resolution, ordinance or formal action, shall include the licensee in order to conduct a retail food establishment otherwise prohibiting the licensee during the time of an such event.
[Amended 6-13-2013 by Ord. No. 2013-13; 5-27-2021 by Ord. No. 2021-023; 8-12-2021 by Ord. No. 2021-038]
The fees for licensure of retail food establishments are hereby
fixed as follows:
A.
Temporary retail food establishment: $100. For all events of one
to three days in duration.
B.
Category 1 License: $150. Newsstands, pharmacies, video stores, vending
carts, vending trailers, and other establishments handling commercially
prepared, prepackaged, nonpotentially hazardous foods as an incidental
part of their business.
C.
Category 2 License: $150. Bed-and-breakfasts which serve full breakfasts;
agricultural markets (where there is no food preparation) where potentially
hazardous foods are offered for sale or where grocery food items account
for 50% or more of the sales area.
D.
Category 3 License. All other retail food establishments: $250.
A.
Any license issued under the terms and provisions of this article
may be suspended or revoked by the Board of Health of the Borough
of High Bridge for the violation by the licensee of any provision
of this article, or N.J.A.C. 8:24-1.1 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 being 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, including any ordinance of the Board of Health,
or that the person or persons 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.
[Amended 6-13-2013 by Ord. No. 2013-13]
B.
A license issued under the terms and provisions of this article shall
not be revoked, canceled or suspended until a hearing thereon shall
have been had by the Board of Health. Written notice or email notice
of the time and place of such hearing shall be served upon the licensee
by the Secretary of the Board 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 by depositing the same 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, or by email notification. 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 8-12-2021 by Ord. No. 2021-038]
C.
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 Borough
of High Bridge unless the application for such license shall be approved
by the Board of Health.
D.
In the event that a sanitary inspection of a retail food establishment
by the Hunterdon County Health Department or the New Jersey State
Department of Health reveals an imminent health hazard to the public,
the license may be temporarily suspended to a hearing as specified
above.
No provision of this article shall be applied so as to impose
any unlawful burden on either interstate commerce or any activity
of the state or federal government.
Any person, firm or corporation who shall violate any of the provisions of this article shall, upon conviction, be punishable as provided in Chapter 1, Article II, General Penalty; and each violation of any of the provisions of this article and each day the same is violated shall be deemed and taken to be a separate and distinct offense.
[Adopted 2-9-2006 as Ch. 255 of the 2006 Code of the Borough of High Bridge]
It shall be unlawful for any person, whether as principal or
agent, clerk or employee, either for himself or any other person,
or for any other corporation or otherwise to:
A.
Engage in the operation of one or more machines or devices offered
for public use which, upon insertion of a coin, coins or token, or
by other means, dispenses unit servings of food or beverages, either
in bulk or package, without the necessity of replenishing the devices
between each vending operation, without first having applied to and
procured a permit from the Board of Health of this Borough so to do,
or without complying with any and all of the provisions of the most
current revision of N.J.A.C. 8:24-1.1 et seq. as enforced by the Board.
B.
Maintain or permit to be maintained on or in any location in this
Borough one or more machines or devices offered for public use which,
upon insertion of a coin, coins or token, or by other means, dispenses
unit servings of food or beverages, either in bulk or package, without
the necessity of replenishing the devices between each vending operation,
without first having applied to and procured a license for each such
machine or device from the Board of Health of this Borough or without
complying with any and all of the provisions of the most current revision
of N.J.A.C. 8:24-1.1 et seq. as enforced by the Board.
A.
Application for and issuance of such licenses and permits as referred
to in this article shall be made on forms approved by the Board of
Health and be in conformity with the provisions of N.J.A.C. 8:24-1.1
et seq. as enforced by the High Bridge Board of Health.[1]
B.
Such permits and licenses are not transferable.
Permits and licenses issued under authority of this article
may be suspended, revoked or reinstated by the Board of Health of
the Borough pursuant to the provisions of all applicable state law
and local ordinances.
Any person, firm or corporation who shall violate any of the provisions of this article shall, upon conviction, be punishable as provided in Chapter 1, Article II, General Penalty; and each violation of any of the provisions of this article and each day the same is violated shall be deemed and taken to be a separate and distinct offense.
