[HISTORY: Adopted by the Township Council of the Township of Denville as indicated in article histories. Amendments noted where applicable.]
[Adopted by Ord. No. 11-90 (Ch. 4, Sec. 4-12, of the 1978 Revised General Ordinances)]
[Amended 12-17-2024 by Ord. No. 19-24]
As used in this article, the following terms shall have the meanings indicated:
DEPARTMENT OF HEALTH AND SOCIAL SERVICES
The subdivision of the Department of Health, Welfare and Recreation of the Township of Denville, County of Morris and State of New Jersey.
ENTITY
Any corporation, partnership, limited partnership, association, organization, proprietorship, contractor or the like.
FOOD
Any raw, cooked, processed edible substance, water, ice, beverage or ingredient used or intended for sale in whole or in part for human consumption.
FOOD AND BEVERAGE MACHINE
Any self-service device which, upon insertion of a coin, paper currency, token, card or key, dispenses unit servings of food or beverage either in bulk or in packages, without the necessity of replenishing the device between each operation. It shall also include self-service dispensers equipped for coin, paper currency, token, card or key operation and optional manual operation.
RETAIL FOOD ESTABLISHMENTS
Any fixed or mobile restaurant; 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 organization, 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.
TEMPORARY RETAIL FOOD ESTABLISHMENT LICENSE
A license to operate a retail food establishment in the Township of Denville for less than seven calendar days in a row.
A. 
The standards as set forth in N.J.S.A. 26:1A-1 et seq. and N.J.A.C. 8:24-1 et seq., and the supplements and additions thereto, are hereby incorporated in this article.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]
B. 
Three copies of the statute and code sections herein cited (one copy attached hereto as Schedule A[1]) shall be on file with the Department of Health and Social Services for the use and examination of the public, upon the introduction of this article and will remain on file there until final action is taken on said article.
[1]
Editor's Note: Schedule A is on file in the Township offices.
No person or entity shall operate a retail food establishment or food and beverage machine unless a license to operate the same shall have been issued by the Department of Health and Social Services. Such license shall be posted in a conspicuous place in such establishments.
[Amended by Ord. No. 20-12]
There shall be a fee established for a license or license approval issued pursuant to this article as set forth in Chapter 245, Fees, Rates and Charges, of this Code.
[Amended by Ord. No. 20-12]
Retail food establishments that fail to receive a satisfactory rating on their inspection will be subject to a re-inspection fee as set forth in Chapter 245, Fees, Rates and Charges, of this Code.
Licenses issued pursuant to this article shall expire annually on December 31 of each year, and the fee therefor shall not be prorated from the date of issuance. Applications for renewal thereof shall be submitted on January 1 through the end of the month of the new year.
Licenses issued pursuant to this article shall not be transferable, nor shall they be construed as authorizing the licensee or licensees to carry on the business at any place other than that specified in the license itself.
License issued pursuant to this article may be revoked by the Department of Health and Social Services for any good or sufficient reason, provided that due notice thereof shall be given to the licensee, and a hearing held before the Department of Health and Social Services, at which time an opportunity shall be afforded the licensee to show cause why the license should not be revoked.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]
Any person, firm or corporation who violates any of the provisions of this article shall be subject, upon conviction, to the penalties provided in Chapter 1, Article II, General Penalty.
[Added 12-17-2024 by Ord. No. 19-24]
A. 
Applications shall be submitted to the Township Health Department no later than 10 Township business days prior to the planned temporary event. Application forms shall be duly verified by the applicant prior to submission.
B. 
Events with two or more participating temporary food vendors shall require an event sponsor/organizer who shall be responsible for submitting all license applications for the food vendors, along with all other documentation as may be required by the Health Officer or their designee to determine compliance with this article and N.J.A.C. 8:24-1.1 et seq., as may be amended and supplemented from time to time.
[Adopted by Ord. No. 27-97 (Ch. 26, Sec. 26-1, of the 1978 Revised General Ordinances)]
Any person employed in a retail food establishment who routinely comes into contact with food, beverages, utensils or food equipment shall be required to attend and successfully complete a retail food handler's course consisting of at least three hours of instructional time (a) conducted under the direction of any municipal health department or board of health or (b) acceptable to the Health Officer of the Township of Denville, within six months of the date of hire.
[Amended by Ord. No. 17-02]
A. 
Every retail food establishment shall have a food service manager certified in food safety and sanitation through a course of instruction approved by the New Jersey State Department of Health as evidenced by a New Jersey Food Manager Certificate.
B. 
Prior to the issuance of a certificate of occupancy for a retail food establishment, the owner and the manager of the retail food establishment must demonstrate, to the satisfaction of the Health Officer of the Township, a thorough knowledge of food safety by passing a food safety test administered by the Health Officer. In addition, all food service managers shall obtain a New Jersey Food Manager Certificate within one year of the date of hire.
C. 
Certification shall be subject to renewal after a period of three years.
The following are specifically exempt from the requirements of this article:
A. 
Any person or establishment which sells prewrapped candy only.
B. 
Any other simple retail food operation which, in the judgment of the Health Officer, would not reasonably require that employees be trained in food handling due to the nature of the products sold.
[Amended by Ord. No. 7-07]
Any person, firm or corporation violating any of the provisions of this article shall be subject, upon conviction, to the penalties provided in Chapter 1, Article II, General Penalty, of the Township Code.
[Added by Ord. No. 10-01; amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]]
A fee as set forth in Chapter 245, Fees, Rates and Charges, shall be payable for attendance at a retail food handler's education program offered by the Department of Health and Social Services of the Township of Denville.