[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:
[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]
All license fees must be paid at the time of application.
[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.
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.).
