[Adopted by Ord. No. 11-90 (Ch. 4, Sec. 4-12, of the 1978 Revised General Ordinances)]
As used in this article, the following terms shall have the
meanings indicated:
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.
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.
[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.