[Adopted 10-14-1968 by Ord. No. 12 (Ch. 265 of the 1975 Code)]
[Amended 11-10-1975 by Ord. No. 75-2; 9-27-2010 by Ord. No. 2010-1]
The provisions of N.J.A.C. 8:24-1 et seq., Sanitation in Retail
Food Establishments and Food and Beverage Vending Machines, shall
be enforced in the Borough of Edgewater.[1]
[Amended 9-27-2010 by Ord. No. 2010-1]
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 et seq., without first having procured a license from
the Board of Health or without complying with all of the provisions
concerning operation and maintenance of a retail food establishment
as contained in the aforementioned N.J.A.C. 8:24-1 et seq.
[Amended 11-10-1975 by Ord. No. 75-2; 1-16-1989; 10-24-2005 by Ord. No. 2005-1]
The fees for licensure of retail food establishments are set forth in § 479-3, which fees are set on an annual basis.
A.
Any license issued under the terms and provisions of this article
may be suspended or revoked by the Board of Health for the violation
of any provision of this article or N.J.A.C. 8:24-1 et seq., adopted
hereby, 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 conducted in a disorderly or improper manner
or in violation of any law of the United States, the State of New
Jersey or the County of Bergen or any ordinance of this municipality,
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 was 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.
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 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 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
personally delivering it to the one to be notified or by depositing
it 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 the said license. At the hearing before the Board of
Health, the person aggrieved shall have an opportunity to be heard.
Based upon the evidence presented, the Board may dismiss the complaint
or revoke or suspend the license.
C.
If any such license is 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 municipality
unless an application for such license is first approved by the Board
of Health.
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.
Every license granted or issued pursuant to the terms of this
article shall expire at 12:00 midnight on the 31st of December next
succeeding the date of issue, unless sooner revoked.
[Added 12-14-1998 by Ord. No. 98-1]
A.
Food handler's course required. Commencing January 1, 1999, or such
date as may be fixed by the Edgewater Board of Health, each owner,
manager or employee in charge of other employees serving food on each
particular shift shall complete the first available three-hour food
handler's course prior to the Board of Health issuing an annual license
to the retail food establishment. In addition, before a license shall
be issued, the retail food establishment shall pay the appropriate
fee in accordance with this article.
B.
If there is no owner, manager or employee in charge of other employees
serving food to others on each particular shift who has satisfactorily
completed the three-hour food handler's course in accordance with
this section, then the retail food establishment shall be issued a
summons to appear before the Edgewater Board of Health to answer to
the violation.
C.
Any retail food establishment which receives an unsatisfactory rating
from the appropriate official inspecting the premises shall immediately
cease from serving any food or similar products until the licensee
has received a satisfactory rating from the inspector conducting such
inspections.
D.
Any retail food establishment which receives more than two conditional
satisfactory ratings within any one-year period shall have its owner
or manager appear at the next meeting of the Edgewater Board of Health
to show cause why its license shall not be suspended for failing to
operate its premises in accordance with Chapter 24 of the New Jersey
Sanitary Code. The conditional satisfactory shall be posted on the
premises for such time as the Board of Health and/or inspector believes
it is necessary for the preservation of the public health and safety.
In addition, its owner or manager must take and satisfactorily complete
the next available eighteen-hour food manager's certification.
E.
In addition to the remedies stated above, the inspector conducting
the inspections shall cause appropriate summons to be issued for the
violation of Chapter 24 of the New Jersey Sanitary Code, the ordinance
of the Borough of Edgewater and applicable statutes of the State of
New Jersey.
F.
Violations and penalties. Any person who violates any provision of or order promulgated under this section shall, upon conviction thereof, be liable to a penalty as set forth in Chapter 450, Article II, General Penalty. Each day a particular violation continues shall constitute a separate offense.[1]
[Added 10-24-2005 by Ord. No. 2005-1]
A.
All retail food establishments licensed or required to be licensed
as outlined in this article shall be required to conduct biweekly
self-inspections of the establishment on forms designed, approved
and provided by the Board of Health.
B.
The owner, highest ranking manager, supervisor, crew chief or supervisory
individual(s) actively involved in the daily operation of the establishment
shall conduct biweekly self-inspections of the establishment and shall
fully complete the self-inspection report as it pertains to the establishment.
Deficiencies noted shall be corrected immediately.
C.
The establishment shall maintain the original copy of each self-inspection
report on the premises for review by the local health authority for
a minimum of one year.
D.
Establishments that are licensed as "temporary food establishments"
shall meet all of the aforementioned requirements, with the exception
that the self-inspection shall be conducted and a report completed
on a weekly basis.
E.
Violations and penalties. Any person who violates any provision of or order promulgated under this section shall, upon conviction thereof, be liable to a penalty as set forth in Chapter 450, Article II, General Penalty. Each day a particular violation continues shall constitute a separate offense.[1]
