[HISTORY: Adopted by the Township Committee of the Township
of Edgewater Park as indicated in article histories. Amendments noted
where applicable.]
[Adopted as Title 8, Ch. 8.56, of the 1998 Township Code]
[Amended 8-18-2020 by Ord. No. 2020-4]
It is unlawful for any person or any body corporate to conduct
a retail food establishment as defined in and governed by N.J.A.C.
8:24-1.1 et seq. without first having procured a license from the
Edgewater Park Township 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 N.J.A.C. 8:24-1.1 et
seq. The Edgewater Park Township Board of Health is embodied with
the authority to enforce the terms and provisions of this article.
[1]
Editor's Note: The following original sections of the 1998
Township Code, which immediately preceded this section, were repealed
8-18-2020 by Ord. No. 2020-4: Sec. 8.56.010, Code adopted; Sec. 8.56.020,
Short title; and Sec. 8.56.030, Copies.
[Added 12-15-2020 by Ord. No. 2020-06]
No person shall operate a retail food-handling establishment
unless a license or approval of an existing certificate, permit or
license to operate the establishment shall have been issued by the
Director of Health. Such license or approval of an existing certificate,
permit or license shall be posted in a conspicuous place in such establishment.
A.
The annual charge and renewal of the food handlers license will be $35 as established in Chapter 240. A satisfactory inspection certificate from the County Board of Health is required for all food handlers permits.
B.
A license or approval of a certificate, permit or license may be
suspended or revoked for a violation by the holder of any provision
of this chapter after an opportunity for a hearing by the Director
of Health or authorized representative.
C.
A license or approval of a certificate, permit or license issued
by another Board of Health officer is not transferable.
[Amended 2-7-2012 by Ord.
No. 2012-1; 12-15-2020 by Ord. No. 2020-06]
The fees for licensure of retail food establishments are fixed as follows: retail food establishments, permanent locale shall be as established in Chapter 240, Fees; temporary retail food establishment shall be as established in Chapter 240, Fees. A license shall be required for a temporary food establishment in conjunction with a charitable activity, but there shall be no charge made for the issuance of said license. For an employee, as defined in N.J.A.C. 8:24-1.1 et seq., an annual license shall be required and the fee shall be as established in Chapter 240, Fees. The following groups and individuals shall be exempt from the payment of a license fee: handicapped or disabled persons; senior citizens; church groups; fire companies; and other charitable organizations. Permanent retail food establishment fees are to substitute the generally required mercantile license and food handler's fee.
A.
Any license issued under the terms and provisions of this article
may be suspended or revoked by the Board of Health of this municipality
for the violation by the licensee of any provision of this article
or N.J.A.C. 8:24-1.1 et seq. 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 ordinance of this municipality,
or that the person or persons conducting the retail food establishment
are 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.
[Amended 8-18-2020 by Ord. No. 2020-4]
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
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 said 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.
C.
If any such 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 Township
unless the application for such license shall be approved by the Board
of Health.[1]
[1]
Editor's Note: Original Sec. 8.56.070 of the 1998 Township
Code, Code amendment, which immediately followed this section, was
repealed 8-18-2020 by Ord. No. 2020-4.
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.
[Amended by Ord. No. 6-97; 8-18-2020 by Ord. No. 2020-4]
Any person, firm or corporation who shall violate any of the provisions of this article shall, upon conviction, be subject to the penalty in Chapter 1, Article II, General Penalty, of the Code of the Township of Edgewater Park, and each violation of any of the provisions of this article, and each day the same is violated shall be deemed and taken to be a separate and distinct offense.
[Adopted 2-24-2004 by Ord. No. 4-2004]
The Burlington County Health Department shall be the administrative
authority to exercise the powers prescribed by this article.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
Pursuant to the authority contained in N.J.S.A. 26:3-69 through
26:3-69.6, the Board of Health of Edgewater Park Township does hereby
adopt the new rules and standards governing food manager training
as an ordinance operative within the Township regulating training
for managers of potentially hazardous food handling establishments.
The provisions adopted by this article are described and commonly
known as "Food Manager Training."
The provisions hereinafter contained and enacted are in pursuance
of and for the purpose of:
As used in this article, the following terms shall have the
meanings indicated:
Any food, food product, drink or drink product, wholly or
partially prepared, meant for human consumption.
Any person who owns or is employed by a wholesale or retail
food establishment who directs, oversees and supervises the procedures
used by the establishment to prepare and store food that is served
and/or purchased by the general public.
Foods which could cause serious health problems or illness
if not stored, processed and prepared properly.
A business, store, restaurant or any retail establishment
that wholly or partially is involved in the preparation of food that
is sold directly to the general public. This includes leased and subleased
establishments, food vendors and kiosks that prepare food, as well
as wholesale food businesses where the products are purchased and
put directly for sale to the public. This does not include private
or public schools, associations, nonprofit organizations, or civic
groups that prepare and/or sell food on an occasional basis for fund-raising
purposes.
A.
Every retail food establishment shall be required to have at least
one food manager, with food sanitation and safety training, to supervise
food preparation on the premises. Food establishments that do not
have any on-site preparation of potentially hazardous foods are exempt
from this requirement.
B.
Upon request, the owner/manager of a retail food establishment shall
provide to the Burlington County Health Department and/or local Board
of Health satisfactory proof that, at a minimum, the manager of the
establishment shall have taken and passed an approved course in food
sanitation and safety.
A.
The training course must be a minimum of eight hours and must be
approved by the Burlington County Health Department. The following
are also acceptable:
B.
Food managers shall satisfactorily complete a refresher course approved
by the Burlington County Department of Health in food safety and sanitation
every three years.
C.
The food manager certification shall be prominently posted on the
premises.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
B.
Separate violations. Each and every day in which a violation of any
provision of this article exists shall constitute a separate violation.
C.
It shall be the responsibility of the Burlington County Health Department
(as the authorized agent of the local Board of Health) to enforce
this article.
D.
If a facility does not meet the requirements of this article, the
Burlington County Health Department, with the consent of the local
Board of Health, can grant a temporary waiver of six months, provided
immediate action is taken to ensure compliance with this article.
