[1972 Code § 240.002; BH Ord. 8/9/73 § 6
& 7; BH Ord. 12/9/76; BH Ord. #12; BH Ord. #17 § 1;
BH Ord. #20 § 1; BH Ord. #23 § 1; BH Ord. #31
§ 3; BH Ord. #35 § 1]
a. It shall be unlawful for any person or any body corporate to conduct
a retail food establishment as defined in and governed by the Retail
Food Establishment Code of New Jersey - 1965 established by this chapter
without first having procured a license from the local Board of Health
so to do or without complying with any or all of the provisions concerning
operation and maintenance of the same as contained in the aforementioned
Retail Food Establishment Code of New Jersey - 1965.
b. The fees for licensing of retail food establishment are hereby fixed
as follows:
[Amended 4-15-2011 by BH Ord. No. 01-2011]
1. Retail food establishment, permanent locale.
(a)
One hundred twenty-five dollars for each establishment with
fewer than 10 employees.
(b)
One hundred fifty dollars for each establishment with fewer
than 20 employees but more than nine employees.
(c)
Five hundred dollars for each establishment with 20 or more
employees.
(d)
The license fee for a nonprofit retail food establishment may
be waived by the Board of Health or the Health Officer.
2. Restaurants.
(a)
One hundred fifty dollars for each premises or establishment
with a seating capacity of fewer than 25 persons.
(b)
Two hundred dollars for each premises or establishment with
a seating capacity of more than 24 but fewer than 50 people.
(c)
Three hundred dollars for each premises or establishment with
a seating capacity of more than 49 but fewer than 100 persons.
(d)
Three hundred fifty dollars for each premises or establishment
with a seating capacity of more than but fewer than 150 persons.
(e)
Five hundred dollars for each premises or establishment with
a seating capacity of more than 149 but fewer than 250 persons.
(f)
Six hundred fifty dollars for each premises or establishment
with a seating capacity of more than 249 but fewer than 500 persons.
(g)
Eight hundred fifty dollars for each premises or establishment
with a seating capacity of more than 499.
3. School cafeteria.
(a)
Two hundred dollars for each premises.
4. Mobile retail food vendor.
[Amended 4-15-2011 by BH Ord. No. 02-2011]
(a)
One hundred fifty dollars for each premises, vehicle or conveyance.
5. Temporary food establishment.
(a)
Fifty-five dollars for each food establishment or restaurant
with a season of three months or less, except that the fee for each
temporary license may be waived by the Board of Health or the Health
Officer.
6. Prepackaged food and beverage establishment.
(a)
Thirty dollars for each establishment selling prepackaged food
or prepackaged beverages.
7. Other establishments.
(a)
Whenever, in the Sanitary Code, a license or permit is required
and no specific fee is established for such license or permit, the
fee therefore shall be $65 payable on issuance of such license or
permit, which shall be for the balance of the calendar year in which
the same is so issued.
8. Late fees.
(a)
A late fee of $50 shall be charged on all license fees of $100
or less which are not paid on or before February 1 of the license
year.
(b)
A late fee of $100 shall be charged on all license fees in excess
of $100 which are not paid on or before February 1 of the license
year.
9. Reinspection fees for a conditionally satisfactory inspection.
[Added 12-11-2014 by BH Ord. No. 36-2014]
(a)
One hundred dollars for first reinspection.
(b)
Two hundred dollars for second reinspection.
(c)
Three hundred dollars for third reinspection and any subsequent.
(d)
Reinspection fees shall be payable no later than five days after
each reinspection.
10.
Reinspection fees for unsatisfactory inspection.
[Added 12-11-2014 by BH Ord. No. 36-2014]
(a)
Five hundred dollars for each reinspection following an unsatisfactory
finding upon inspection.
(b)
Reinspection fees shall be payable no later than five days after
each reinspection.
c. Any license issued under the terms and provisions of this chapter
may be suspended by the Health Authority of this Borough for the violation
by the licensee of any provision of this chapter or the Retail Food
Establishment Code of New Jersey - 1965 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 any ordinances of this
Borough, or that the person 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.
A license issued under the terms and provisions of this chapter
shall not be revoked or cancelled 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 the hearing. Such notice shall also contain
a brief statement of the grounds to be relied upon for revoking such
license. Notice may be given either by personal delivery thereof to
the person to be notified or be deposited 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 license.
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.
If any 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
unless the application for such license shall be approved by the Board
of Health or its authorized agent.
d. No provision of this chapter shall be applied so as to impose any
unlawful burden on either interstate commerce or any activity of the
State or Federal government.
[1972 Code § 240.004]
No person shall, within the Borough, operate or conduct any restaurant, lunch room, lunch wagon, cafeteria, lunch counter, ice cream parlor, soda fountain, hotel, club, lunch stand, boarding house, bakery, stand, cart or other place where any food or beverage is sold, served or dispensed for consumption upon the premises or any box lunch establishment, bakery, delicatessen, butcher store, grocery store or other place where food or beverage are prepared, sold or delivered unless such person is free from any communicable disease as defined by State Law. It shall be the responsibility of each proprietor, manager or operator of any business defined in this chapter
to know that any person working in his place of business is free from any communicable disease and when requested by the Board to submit a health certificate on any persons working in his establishment.
[1972 Code § 240.007]
No bottles or other containers used for the delivery of food
or beverages shall be stored or left standing in any public place
in the Borough.
[1972 Code § 240.010]
It shall be unlawful to sell, expose for sale or offer for sale
any fish, other than frozen fish, within the Borough, unless the place
from which the same is sold, exposed or offered for sale fully complies
in all respects with the following regulations:
a. All floors shall be of nonabsorbent material.
b. Ice refrigerators shall have drains permanently connected indirectly
into a proper trap and vented fixture to sanitary sewer line and shall
be flushed daily with fresh water.
c. All table tops and counter tops shall be of nonabsorbent material.
Portable wooden cutting or chopping boards are permitted but they
must be thoroughly washed and scrubbed daily.
d. All places where fish is sold shall have thorough ventilation, self-closing
doors and running water, separate from washing basins.
e. At least two metal garbage cans with covers for fish scraps (cans
to be at least 10 gallons in size), which cans shall be removed and
emptied daily.
f. All doors and windows shall be screened from May 1 to October 1 in
each year. Window screens shall be of permanent looking type.
g. Toilet and hand-washing facilities shall be provided for fish handlers.
h. Only wholesome and edible fish products shall be sold for human consumption.
i. All fish showcases shall be internally lined with nonabsorbent material.
[1972 Code § 240.011]
An accurate direct reading thermometer shall be provided in
frozen food display cases, counters or retail sales vehicles for frozen
food.
[1972 Code § 240.012]
The fact that, with respect to one or more specific articles
of food or specific kinds of business, certain regulations have been
prescribed under this chapter shall not limit or affect the obligation
of every person to comply with all the other provisions of this Code.
[1972 Code § 240.013; BH Ord. #1-78]
a. Every person who is charged with supervision of the operation of
a retail food establishment shall successfully complete, within one
year of the commencement of his employment, a course in food handling,
acceptable to the Ramsey Board of Health.
b. The Health Officer may, at his discretion, when found necessary,
require such persons to attend supplementary courses.
c. No retail food establishment shall employ a supervisor in charge
of its operation unless he complies with paragraph a. of this section.
[1972 Code § 241.002; BH Ord. #31 § 4;
BH Ord. #35 § 2]
a. 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 body corporate, or as an officer of any corporation, or otherwise
to:
1. 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 the Borough so to do,
or without complying with any and all of the provisions of the Food
and Beverage Vending Machine Code of New Jersey - 1961 as adopted
or amended by the Board.
2. 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 all of the provisions of the Food and Beverage Vending
Machine Code of New Jersey - 1961 as adopted or amended by the Board.
b. The fees for permits and licenses as required by paragraph a. above,
for the purpose of raising revenue, for regulation and control to
be paid annually to the Borough, are hereby fixed as follows:
[Amended 4-15-2011 by BH Ord. No. 01-2011]
1. Permit fee to own, operate or control any food or beverage vending
machine (first machine): $25 per year.
2. License fees:
(a)
Readily perishable food vending machine (all machines): $20
per machine per year.
(b)
Other nonperishable food and beverage vending machine fee: $5
per machine per year.
c. All permits and licenses issued under authority of this chapter shall
expire on the 31st day of December in each year. Permit and license
fees shall be paid to the Board of Health.
d. Application for and issuance of the permits and licenses referred
to in Paragraph a. above shall be made in conformity with the provisions
of the Food and Beverage Vending Machine Code of New Jersey - 1961
as adopted or amended by the Board of Health of this Borough. Such
permits and licenses are not transferable.
e. Permits and licenses issued under authority of this chapter may be
suspended, revoked or reinstated by the Board of Health of this Borough
pursuant to the provisions of the Food and Beverage Vending Machine
Code of New Jersey - 1961 as adopted or amended by the Board of Health.
f. No provision of this chapter shall be applied so as to impose any
unlawful burden on either interstate commerce or any activity of the
state or federal government.
[1972 Code § 242.002]
Every processor, bottler or manufacturer of milk, cream, ice
cream or other dairy foods (excepting those which reach the consumer
in hermetically sealed heat-sterilized packages (cans) and butter
and cured cheese) whose products are sold or distributed in the Borough,
shall, each month, have samples of each of their products collected
from either plants, depots, distributing points or vehicles and analyzed
chemically and bacteriologically by standardized methods in a laboratory
approved by the New Jersey State Department of Health at the option
of the Health Officer. This sampling may be waived when the routine
analysis of samples specified above is being made by an approved laboratory
and test results are satisfactory.
[1972 Code § 242.003]
All milk, milk products, frozen desserts and special frozen dietary foods shall conform with or exceed the minimal required by Title 24, Chapter
10, food and drug laws of the Revised Statutes of New Jersey and any other laws, rules or regulations of the Department of Health of the State of New Jersey.
[Added 4-15-2011 by BH Ord. No. 02-2011]
a. Affidavit required. An applicant for a mobile retail food vendor
license must provide to the Health Department an affidavit setting
forth the need for this type of service, approximate duration of time,
exact location, and name or trade name of the applicant. Where the
location is on public property, the body or organization having jurisdiction
over the property must sign the affidavit. Where the location is on
private property, the property owner or his representative must sign
the affidavit.
b. Stipulations. Mobile retail food vendors may not conduct business
on any public access street in the Borough. Mobile retail food vendors
shall not dispense food or beverage within 500 feet of any other food
establishment. Clean-up and removal of litter generated by the mobile
vendor and its patrons shall be the responsibility of the mobile vendor
and a condition of any license conveyed to said vendor.
c. Time limit at each location limited. Mobile retail food vending equipment
located on public or private property shall not remain at any location
for more than one hour in any twenty-four-hour period.
d. Hours for vending vehicles limited. Food vending vehicles dispensing
ice cream, soft drinks or food shall not conduct business between
the hours of 9:00 p.m. and 6:00 a.m.
e. Change of ownership inspection: Mobile retail food vendor licenses
are nontransferable. All retail food vendors, that change ownership,
including reincorporation, are required to be inspected by the Health
Department before the new owners may begin operation.
f. Expiration of license; renewal. Every license issued shall expire
December 31 of the year of its issue. Applications for renewal shall
be submitted with the required fee at least 10 days prior to December
31 of each year. A late fee of $100 will be charged for all applications
received after December 31.
g. Fees. For all vendors where food or drinks are served, the license
fee shall be computed as follows:
1. Mobile food vendor license (including frozen dessert): $150 per vehicle.