[1971 Code § 46-1]
A Code regulating retail food establishments and food and beverage vending machines and fixing penalties for violations is established pursuant to N.J.S.A. et seq.
[1971 Code § 46-2; Ord. No. 08-17 § 1]
The Code established and adopted by this section is commonly known as Chapter 24, Sanitation in Retail Food Establishments and Food and Beverage Vending Machines, of the New Jersey State Sanitary Code (N.J.A.C. 8:24-1 et seq.
[1971 Code § 46-3; Ord. No. 08-17 § 2; Ord. No. 11-10]
Copies of Chapter 24, Sanitation in Retail Food Establishments and Food and Beverage Vending Machines (N.J.A.C. 8:24-1.1 et seq.), have been placed on file in the office of the Department of Community Services and will remain on file for the use and examination of the public.
[1971 Code § 46-4; Ord. No. 08-17 § 3]
It shall be unlawful for any person to operate a retail food establishment or any type of food and beverage vending machine, as defined in and governed by Chapter 24, Sanitation in Retail Food Establishments and Food and Beverage Vending Machines (N.J.A.C. 8:24-1.1 et seq.), without first obtaining approval by issuance of an appropriate license from the Department of Health and Welfare. The license shall be displayed in a conspicuous place where it may be readily observed by all patrons.
[Ord. No. 97-10 § 2; Ord. No. O-17-03]
A. 
It shall be mandatory for each retail food establishment doing business in the Township of Rockaway to be represented by a manager or owner at each annual food-handling training course presented by the Rockaway Township Health Department. A certificate of completion shall be awarded.
B. 
New retail food establishments shall be allowed to open and operate until the next annual food-handling course is given. The Rockaway Township Health Department shall provide an overview of regulatory requirements to managers and or owners prior to the issuance of a retail food license.
C. 
Retail food establishments licenses shall not be renewed until the applicant receives a certificate of completion as provided in this article from the Rockaway Township Health Department.
D. 
Retail food establishments which maintain satisfactory inspection ratings for the current and previous licensing year may be exempted from mandatory course attendance by the Township's Health Officer.
E. 
The Division of Health, through certified staff trainers, may offer the appropriate food safety certificate course and/or exam, in accordance with N.J.A.C. 8:24-2.1(b), at the following rates:
(1) 
Training course and examination: $150 per person.
(2) 
Examination only: $100 per person.
[1971 Code § 46-5; Ord. No. 93-36 § 1; Ord. No. 97-10 § 3; Ord. No. 08-17 § 5]
The annual fees for licensure of retail food establishments are hereby fixed as follows:
A. 
Food and drink (non-seating): $50.
B. 
Temporary food and drink (non-seating for less than 14 days): $25.00
C. 
Supermarket (more than 25,000 square feet): $200.
D. 
Mobile food and drink: $50.
E. 
Restaurants (seating capacity):
One to 50 seats: $65.
Fifty one to 100 seats: $85.
Over 100 seats: $105.
F. 
Food court: $65.
G. 
Reinspection fees:
Reinspection: $100.
Additional reinspections within a thirty-six-month period from a prior reinspection: $500.
[1971 Code § 46-5; Ord. No. 7-6-76; Ord. No. 93-36 § 1; Ord. No. 97-10 § 4]
The fees for licensure of Food and Beverage Vending Machines are hereby fixed as follows:
A. 
Permit fee: $50. per year.
B. 
License fee: $10 per machine per year.
[1971 Code § 46-6; Ord. No. 97-10 § 5]
All licenses issued under the authority of this section shall expire on June 30 of each year, and application for renewal shall be submitted together with the required fee prior to issuance of a new or renewal license in conjunction with the requirements set forth in Subsection 28-4.5 above.
[1971 Code § 46-7; Ord. No. 97-10 § 6; Ord. No. 08-17 § 4; Ord. No. 11-10]
A. 
Any license issued under the terms and provisions of this section may be suspended or revoked by the Township Department of Community Services when any provision of the Township Code or Chapter 24, Sanitation in Retail Food Establishments and Food and Beverage Vending Machines (N.J.A.C. 8:24-1.1 et seq.), are violated by the licensee, or when in the opinion of the Health Officer or his authorized agents such action is necessary to abate a present or threatened menace to the public health.
B. 
A license issued under the terms and provisions of this section shall not be revoked, canceled or suspended until a hearing thereon shall have been had by the Department of Community Services. 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 by deposit 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 Department of Community Services, the person aggrieved shall have an opportunity to answer and may thereafter be heard; and upon due consideration and deliberation if the Department of Community Services 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 municipality unless the application for such license shall be approved by the Department of Community Services.
[Ord. No. 97-10 § 7]
Any person, firm, or corporation violating any of the provisions of this section, or any order promulgated under this chapter of the Retail Food Establishments and Food and Beverage Vending Machine Code (1993) made a part hereof, shall upon conviction thereof pay a penalty not to exceed $200 or by imprisonment in the County Jail for a period not to exceed 90 days, or by both such fine and imprisonment; and each day the same is violated, shall be deemed and taken to be a separate and distinct offense.
[Ord. No. 05-46 § 1]
As used in this section:
TOBACCO VENDING MACHINE
Any automated, self-service device which, upon insertion of money, tokens or any other form of payment, dispenses cigarettes or other tobacco products.
[Ord. No. 05-46 § 1]
It shall be unlawful in the Township of Rockaway for any person, firm, corporation or association to operate, rent or permit the use or operation of a tobacco vending machine in, on or about the premises under his or her ownership.
[Ord. No. 05-46 § 1]
The Township Health Officer, or his/her designee shall enforce this section through the issuance, via certified mail, of a summons and complaint to violators.
[Ord. No. 05-46 § 1]
Unless otherwise provided by law, statute or ordinance, any person, firm, corporation or association violating any of the provisions of this section shall, upon conviction thereof, pay a penalty of not less than $250 nor more than $1,000 for each offense. In addition, the Court shall have the power to impose other penalties provided by N.J.S.A. 26:3-77 and N.J.S.A. 26:3-78.