[Adopted 11-5-69 by Ord. No. 129-69]
[Amended 8-4-2010 by Ord. No. 12-2010]
It shall be unlawful for any person or anybody to conduct a retail food establishment as defined and governed by Chapter XII of the State Sanitary Code of New Jersey without first obtaining a license from the Department of Health.
[Amended 10-6-1970 by Ord. No. 6-70; 1-17-1978 by Ord. No. 5-78; 8-4-2010 by Ord. No. 12-2010]
A retail food establishment license application shall be made to the Department of Health, upon forms provided by the Health Officer. The application shall include, in addition to the information:
A. 
If the applicant is not the owner of the premises, the interest of the applicant shall be stated.
B. 
If proposed licensed premises are wholly or partially used for another purpose other than a restaurant, state such use and whether it is licensed.
[Amended 10-6-70 by Ord. No. 6-70; 1-17-78 by Ord. No. 5-78]
A. 
The issuance of any such license under this Article shall be denied by the designated official of the Finance Department whenever it is determined by a designated city official from the Fire Department, Department of Building Inspections and Code Enforcement, Health and Welfare Department or Police Department that, in his or their sound discretion and in good faith, or it is deemed that the maintenance of any such place or business is not in compliance with existing laws, codes or regulations of the City of Orange and State of New Jersey and that the maintenance of any such place or business shall constitute an unreasonable fire hazard or shall unreasonably interfere with traffic or shall constitute a nuisance or shall be unsanitary or unfit for serving food, or shall in any way endanger the public health or morals, or shall for any other reason sufficient in fact and law be undesirable or dangerous to the public; and any such license issued may be revoked by the Business Administrator of the City of Orange when it is determined that sufficient cause exists deeming this action necessary.
B. 
If any of the respective designated officials determine that a license should not be issued for just and reasonable cause, the matter may be referred to the Business Administrator as a matter of right for review. Should the Business Administrator determine to withhold approval of the applicant's license, the applicant shall have the right to petition the City Council for a hearing and final determination on the grounds that the administrative withholding of a license is arbitrary, capricious and unreasonable and without foundation in fact. If the applicant desires a hearing with the Orange Council, said applicant shall notify the Council by certified mail within ten (10) days of the denial of his application. The Council will then set a hearing date and notify the applicant in writing as to the place, date and time of hearing.
C. 
At the return date of said hearing, the Orange Council shall hear whatever evidence is presented on behalf of the City of Orange and on behalf of any applicant and on behalf of any other interested person. It shall make findings of fact and may approve the application, disapprove the application, or, if the application is for a twenty-four-hour license, it may deny said application or, in the alternative if the evidence so warrants, it may deny the application but grant a license with the closing limitation of 2:00 a.m. to 5:00 a.m. as provided by this Article.
[Amended 9-4-2012 by Ord. No. 21-2012; 1-15-2019 by Ord. No. 62-2018; 7-5-2023 by Ord. No. 30-2023]
The yearly license fees for retail food establishments shall be as follows:
Type
Fee
Adult day care
$100
Bakery, full-service
$125
Bakery, specialty
$100
Candy counters
$75
Catering, off-premises only
$125
Church kitchens
$50
Coffee shop
$75
Commercial/rental kitchens
$200
Delicatessen-grocery
$100
Delicatessen-grocery, no seating
$75
Dispensing of packaged ice
$50
Food pantry
$50
Frozen dessert, no seating
$50
Frozen dessert, seating
$100
Group homes
$50
Health care facility, with bed capacity up to 40
$125
Health care facility, with bed capacity over 40
$300
Health care facility, nonprofit
$250
Manufacturing plant and commercial cafeterias:
With over 20,000 square feet
$400
With 15,000 square feet
$300
With 10,000 square feet
$200
Meat or fish market
$100
Mobile truck (food peddlers), sealed packaged goods only
$150
Packaged goods store/gas stations
$75
Restaurant, luncheonette, hotel, country club or banquet house with a seating capacity of 0 to 50 persons
$100
Restaurant, luncheonette or banquet house with a seating capacity of 51 to 100 persons
$150
Restaurant, luncheonette or banquet house with a seating capacity of 101 to 150 persons
$200
Restaurant, luncheonette or banquet house with a seating capacity over 200 persons
$300
Schools and nursery schools with food, nonprofit
$50
Schools and nursery schools with food, profit
$100
Snack bar
$75
Soup kitchens
$50
Supermarket with up to 20,000 square feet
$150
Supermarket with over 20,000 square feet
$250
Tavern or liquor store with food service
$150
Tavern or liquor store without food service
$100
[Added 8-4-2010 by Ord. No. 12-2010; amended 9-4-2012 by Ord. No. 21-2012]
Applicants that have not renewed their license by the first day of February of each year shall pay a late fee of one hundred dollars ($100.). This late fee shall be in addition to the annual license fee.
[Amended 8-4-2010 by Ord. No. 12-2010]
Licenses as provided for in this Article shall be issued for the calendar year and shall expire on December 31 of each year and are subject to renewal as of January 1 unless suspended or revoked prior thereto. Surrender or revocation of the license so issued during the calendar year shall not entitle the holder thereof to reimbursement for any unearned pro rata portion of the fee therefor, it being hereby determined that the license fee fixed for the issuance of such license is imposed both for the purpose of regulation of the licensed premises and the raising of revenue.
[Amended 11-6-1980 by Ord. No. 41-80; 3-3-1981 by Ord. No. 11-81; 5-18-82 by Ord. No. 16-82; 10-4-2005 by Ord. No. 27-2005; 12-20-2005 by Ord. No. 37-2005]
A. 
Retail food establishments (restaurants) as defined in the Code of the City of Orange Township may operate in the city only within the time restrictions set forth below:
(1) 
Sunday through Saturday — 6:00 a.m. to 12:00 a.m.
(2) 
The time limitations above shall not apply to the following:
(a) 
Activities such as stocking shelves, taking of inventory and similar activities.
(b) 
Retail food establishments which are accessible to the public by means of a drive through facility containing protective enclosure from behind which transactions are conducted. Such an establishment may remain open as previously permitted.
(c) 
Establishments regulated by the Alcoholic Beverage Control Laws of the State of New Jersey.
(d) 
Banquet halls that rent out a part of their facility (i.e., banquet room) for an activity or affair.
(e) 
Any establishment holding a twenty-four (24) hour license that does not fall under paragraph (2)(b) of subsection A shall be exempt until the expiration period of said license. After that time they shall be subject to all the provisions of this section.
B. 
Places of public entertainment.
(1) 
Public entertainment places are defined as places such as bowling alleys, motion picture establishments and other similar establishments, but not including solely operated arcades.
(a) 
Places of public entertainment may open to the public for business pursuant to the time restrictions set forth below:
Monday to Saturday
—
8:00 a.m. to 2:00 a.m. the next day
Sunday
—
1:00 p.m. to 1:00 a.m.
On Sunday, motion picture establishments shall not open to the public before 11:00 a.m.
C. 
Penalties. Any person, firm or corporation in violation of this section shall be subject to a fine of not less than one hundred dollars ($100.) nor more than one thousand dollars ($1,000.) or imprisonment not to exceed sixty (60) days or both.
[Added 5-18-1982 by Ord. No. 16-82; amended 5-18-1993 by Ord. No. 20-93]
Any person who violates any of the provisions of this Article shall, upon conviction thereof, be subject to a fine not less than fifty dollars ($50.) nor more than one thousand dollars ($1,000.) or imprisonment for a period not exceeding ninety (90) days, or both.
[Added 8-4-2010 by Ord. No. 12-2010]
Any person who wishes to construct a proposed new retail food establishment within the City of Orange Township, and who wishes to make a major alteration to the establishment shall prior to obtaining any permits to commence construction or make alterations, submit to the Health Department for review a food establishment plan as required by the State Sanitary Code of New Jersey. There shall be a one hundred dollar ($100.) plan review fee payable to the City of Orange Township and no construction may commence or alterations made until a retail food establishment permit is issued by the Health Department. This review fee shall be in addition to any other fees required by the City of Orange Township or the State of New Jersey.
A major alteration shall be any alteration, remodeling or restructuring whose cost exceeds two thousand five hundred dollars ($2,500.).