[Ord. No. 19-2016]
As used in this article, the following terms shall have the
meanings indicated:
An operation that stores, prepares, packages, serves, vends
or otherwise provides food for human consumption, but not limited
to: any fixed or mobile restaurant whether eat-in, fast food or take-out;
coffee shop; cafeteria; short-order cafe; luncheonette; grill; tearoom;
sandwich shop; soda fountain; tavern; bar; cocktail lounge; nightclub;
roadside stand; industrial feeding establishment; private, public
or nonprofit organizations; institution; or group preparing, storing
or serving food; catering kitchen; commissary; box lunch establishment;
retail bakery; meat market; delicatessen; grocery store; public food
market; or any similar place in which food or drink is prepared for
retail sale or service on the premises or elsewhere, and any other
retail eating or drinking establishment or operation where food is
served, handled or provided for the public, with or without charge.
The following are not retail food establishments, as the term is defined
herein: a produce stand that only offers whole, uncut fresh fruits
and vegetables; a food processing plant; religious or charitable organization's
bake sale, only if the food prepared is not potentially hazardous;
family child-care home as defined in N.J.A.C. 10:126-1.2; or a bed-and-breakfast
guesthouse or bed-and-breakfast homestay as defined at N.J.A.C. 5:70-1.5.
Any establishment, however designated, where food and drink
are prepared, served and consumed primarily within the principal building
or on the premises. A restaurant is further defined as follows:
An establishment regularly and principally used for the purpose
of providing meals to the public, having an adequate kitchen and dining
room equipped for the preparing, cooking and serving of food primarily
for consumption on the premises at tables served by dedicated wait
staff and in which no other business, except such as is incidental
to that establishment, is conducted.
An establishment which may or may not have tables that serves
food and drink which may or may not be prepared on the premises of
a limited variety and prepared for immediate consumption whether inside
or outside the building or carry-out, are purchased either primarily
at counters or in automobiles with drive-through window service.
An establishment selling prepared meals ready for consumption
primarily off the premises, although a seating area may be provided
for patrons.
Any retail food establishment which operates at a fixed location
for a temporary period of time in connection with a fair, carnival,
circus, public exhibition or similar transitory gathering.
A.
All retail food establishments shall comply with Chapter 24, Sanitation
in Retail Food Establishments and Food and Beverage Vending Machines,
as defined in N.J.A.C. 8:24-1.1 et seq. relating to the construction,
operation and maintenance of retail food establishments, and all violations
of this section are hereby declared to be nuisances hazardous to health.
B.
All retail food establishments shall comply with the following requirements
in addition to N.J.A.C. 8:24-1.1, et seq., Sanitation in Retail Food
Establishments and Food and Beverage Vending Machines, relating to
the construction, operation and maintenance of retail food establishments,
and all violations of this section are hereby declared to be nuisances
and hazardous to health.
(1)
All retail food establishments, except for those which sell only
prepackaged food and beverages, shall post a sign that is clearly
legible and which must be prominently displayed, where it can readily
be seen by a customer and shall contain the following language: "Please
be advised that in accordance with N.J.A.C. 8:24-3.3(a), food employees
may not contact exposed, ready-to-eat food with their bare hands and
shall use suitable utensils such as deli tissue, spatulas, tongs,
single-use gloves, or dispensing equipment."
(2)
All retail food establishments as defined in this chapter must use
disposable single-use table covers and/or placemats on all customer
tables and/or eating counters or surfaces. Reusable tablecloths of
linen or other materials which may be thoroughly and easily laundered
may also be utilized on all customer tables and/or eating surfaces,
provided the said tablecloths are replaced with a clean, laundered
tablecloth for each customer. The foregoing regulations shall not
apply to a retail food establishment in which customers are served
the food product on a tray at a counter and consume the food product
at a table located on the premises or it is packaged for consumption
off premises.
(3)
All retail food establishments, except for those which sell only
prepackaged food and beverages, shall acquire the services of a licensed
pesticide application company trained in food service pest control
and pesticide application as often as necessary to keep establishments
free of vermin in both the interior and exterior of the properties
being occupied by the establishments. Under no circumstances shall
the said service be less than monthly. This includes, but is not limited
to, garbage and grease receptacle locations, dumpster areas, and enclosures,
kitchens, food preparation areas, stock rooms, basements or any other
areas of the interior of the establishment. Retail food establishments
which sell only prepackaged food and beverages shall acquire the services
described above as often as necessary to keep establishments free
of vermin in both the interior and exterior of the properties being
occupied by the establishments.
(4)
All retail food establishments may offer fish that are intended for
consumption in their raw form only if the fish are obtained from a
supplier that practices parasite destruction accordance with N.J.A.C.
8:24-3.4(d)I, (d)1i and (d)1ii or from a supplier that provides the
establishment with farm raised fish. This section does not apply to
those species of fish exempted under N.J.A.C. 8:24-3.4(d)2.
(a)
A written agreement or statement must be obtained by the establishment
from the supplier in which the supplier stipulates in detail that
the fish supplied have been frozen to a temperature and for a time
as set forth in N.J.A.C. 8:24-3.4(d)1, (d)1i and (d)1ii. This documentation
must be retained by the establishment and immediately provided to
the Health Department upon request.
(b)
Establishments shall not practice parasite destruction on site
in place of the required parasite destruction performed by the supplier.
(c)
Fish that have been farm raised must be accompanied by documentation
from the supplier certifying that the fish have been raised in accordance
with FDA standards. This certifying documentation must be retained
by the establishment and immediately provided to the Health Department
upon request.
[Ord. No. 53-2014]
(5)
All retail food establishments where food for human or animal consumption
is manufactured, prepared, handled, sold or served shall cause to
be removed, at a rate acceptable to the Health Department, from the
premises all garbage and refuse which may accumulate thereon. All
garbage and refuse shall, while on the premises, be stored in such
a manner as not to create a nuisance. All containers shall be approved
by the Health Department and shall be water tight and have tight fitting
lids.
[Ord. No. 53-2014]
[Ord. No. 19-2016]
A.
It shall be unlawful for any person(s) or any corporate body to conduct
a retail food establishment, as defined in and governed by N.J.A.C.
8:24-1.1 et seq., relating to the construction, operation, and maintenance
of retail food establishments, without first having procured a license
from the Health Officer or designee or to conduct said activities
without complying with any or all of the provisions concerning the
construction, operation and maintenance of the same as contained in
N.J.A.C. 8:24-1.1 et seq.
B.
No person shall carry on, conduct or operate a retail food establishment
in the Township without first obtaining a license therefor from the
Health Officer or designee.
C.
The annual license fee to be paid for a retail food establishment shall be as provided in Chapter 75, Fees. The annual fee shall be waived for a bona fide civic and/or religious nonprofit organization.
D.
The license granted by the Health Officer shall expire on the 30th
day of June of each year.
E.
Fees for the reinspection of any retail food establishment which is necessitated by a conditional or unsatisfactory rating given at the retail food establishment at the time of inspection shall be an amount equal to the annual license fee for that establishment. The establishment may be subject to the reinspection fee for each reinspection performed until the establishment is returned to a satisfactory rating as provided in Chapter 75, Fees.
[Ord. No. 53-2014]
F.
Any retail food establishment requiring an inspection on off-duty hours, weekends, evenings or holidays, whether for licensure or as a result of an emergency, shall reimburse the Township for costs of the inspection including but not limited to the salaries of the Health Officer and/or Sanitarian, in addition to the license fee. Said inspection fees shall be as provided in Chapter 75, Fees.
G.
The license fee to be paid for a temporary retail food establishment shall be as provided in Chapter 75, Fees. This fee shall be waived for a bona fide civic and/or religious nonprofit organization. This exemption, however, shall not apply to any independent food vendor participating in any event sponsored by a nonprofit organization.
H.
The granting of a retail food license shall be by the Health Officer.
The Health Officer shall not issue a license until he/she has confirmed
that all the Township departments have inspected the premises and
reported that the premises are in compliance with applicable sections
of the Township Code, including the fact that all applicable certificates
of occupancy and zoning permits have been issued.
A.
Application for a retail food establishment shall be submitted on
forms to be furnished by the Health Officer. The application shall
be accompanied by:
B.
A renewal license may be applied for by a licensee for premises licensed during the previous licensed period. Such renewal application shall state any changes, alterations or installations made during the previous year. Where no such change, alteration or installation has been made, a renewal license may be issued without compliance with the requirements of Subsection A(2) of this section.
A.
The granting of a retail food establishment license shall be by the
Health Officer. The Health Officer shall not issue a license until
he/she has confirmed that all the Township departments have been advised
of the filing of the application and have reported that the premises
are in compliance with applicable sections of the Township Code, including
the fact that all required certificates of occupancy, continued certificates
of occupancy and zoning permits have been issued.
C.
The term of the license shall be for one year, commencing July 1
and expiring June 30 of the following year.
The licensed premises shall be kept clean at all times, and
the licensee shall comply with all the laws of this state, all the
Township ordinances and all state and Township rules and regulations
with respect to health and sanitation.
[Ord. No. 19-2016]
No alcohol service or consumption is permitted in a retail food
establishment unless the licensee has a valid plenary retail consumption
license issued by the Township Clerk. Notwithstanding the foregoing,
the patrons of an eat-in restaurant, as defined herein, which does
not have a valid plenary retail consumption license may be permitted
by the ownership of the eat-in restaurant to bring to the restaurant
and consume wine and/or malt alcoholic beverages on the premises.
The management may supply glasses, ice and other related items to
the patron. Under no circumstances shall spirits or liquors be permitted
to be brought to the premises and consumed on the premises.
A.
In addition to the penalties prescribed in § 149-29, any license issued under this chapter may be suspended or revoked by the Health Officer for violation of any of the provisions of this article. The licensee may appeal the license suspension or revocation to the Township Council.
B.
The licensee shall have the right to a hearing before the Municipal
Council regarding the Health Officer's decision to revoke or suspend
the license. Written notice of the time and place of such hearing
shall be served upon the licensee at least 7 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 or suspending such license.
Notice may be given either by personal delivery thereof to the person
to be notified or by depositing 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. At
the hearing, the person aggrieved shall have an opportunity to appear
in person or by counsel and may thereafter be heard, and upon due
consideration and deliberation by the Township Council, the complaint
may be dismissed, or if the Township Council concludes that the charges
have been sustained and substantiated, the suspension or revocation
of the said license shall be upheld.
[Ord. No. 53-2014]
C.
If any such license shall be revoked, neither the holder thereof
nor any person acting for the licensee, directly or indirectly, shall
be entitled to another license to carry on the same business within
the Township unless the application for such license shall be approved
by the Township Council upon recommendation of the Health Officer.
A.
Fees for the reinspection of any retail food establishment, as same is defined in this article, which is necessitated by a conditional or unsatisfactory rating given at the time of inspection of the restaurant shall be an amount equal to the annual license fee for that establishment as provided in Chapter 75, Fees.
[Ord. No. 53-2014]
B.
Any retail food establishment requiring an inspection on off-duty hours, weekends, evenings or holidays, whether for licensure or as a result of an emergency, shall reimburse the Township for costs of the inspection, including, but not limited to the salaries of the Health Officer and/or Sanitarians, in addition to the license fee. Said inspection fees shall be as provided in Chapter 75, Fees. The establishment shall be subject to the reinspection fee for each reinspection performed until the establishment is returned to a satisfactory rating.
[Ord. No. 53-2014]
