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Township of Montgomery, NJ
Somerset County
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Table of Contents
Table of Contents
Code
New Laws (6) Index
[Ord. #22, S 1]
A code regulating retail food establishments and fixing penalties for violations is hereby established pursuant to Revised Statutes 26:3-69.1 to 69.6. A copy of this Code is annexed hereto and made a part hereof without the inclusion of the text thereof herein.
[Ord. #22, S 2; Ord. #87-91, S 1]
The code established and adopted by this section, by reference, is described and commonly known as, "the New Jersey State Sanitary Code, Chapter 12, Sanitation in Retail Food Establishments and Food and Beverage Vending Machines" (1983), as hereinafter may be amended by the Board of Health of the Township of Montgomery. The code hereby adopted is set forth in the New Jersey Administrative Code and is cited as follows: N.J.A.C. 8:24-1.1 et seq.
[Ord. #22, S 3; Ord. #87-91, S 2]
Three copies of the "New Jersey State Sanitary Code, Chapter 12, Sanitation in Retail Food Establishments and Food and Beverage Vending Machines" (1983), have been placed on file in the office of the Secretary of this local Board of Health and will remain on file for the use and examination of the public.
[Ord. #22, S 4]
Any person who violates any provision of, or order promulgated under this section, or code established herein, shall, upon conviction thereof, be liable to the penalty as established in Chapter 1, section BH1-2.
[Ord. #45, S 1; Ord. #99-01, S 2]
No person or body corporate shall operate a retail food handling establishment as defined in and governed by Chapter 12 of the New Jersey State Sanitary Code; nor shall any person or body corporate operate a wholesale food business unless a license to operate the same shall have been issued by the Board of Health. Such license shall be posted in a conspicuous place in such establishment. It shall further be unlawful for such person or body corporate to conduct such business without complying with any applicable provisions concerning the operation and maintenance of such business as contained in Chapter 12 of the New Jersey State Sanitary Code. License applications shall be obtained from the Health Officer or designee. In the event the Board of Health or its designee disapproves a license application, the applicant may appeal that decision in accordance with the procedures set forth in section BH1-3.
[Ord. #45, S 2; Ord. #66-83, S 1; Ord. #87-86, S 1; Ord. #94-2, S 1; Ord. #98-01, S 1; Ord. #2002-03, S 1; Ord. #2008-01, S 1; Ord. #2009-01, S 1]
The fees for the review and licensing of food establishments and businesses are hereby fixed as follows:
a. 
Retail food establishments other than restaurants.
Square Feet
Fee
0 to 3,500
$100
3,501 to 5,000
$200
5,001 to 10,000
$300
over 10,000
$600
b. 
Retail food establishments (restaurants).
Seating Capacity
Fee
1-50
$100
51-100
$200
101 and up
$300
c. 
Wholesale food businesses.
Manufactured
$110
Nonmanufactured
$70
d. 
Mobile retail food establishment. $100
e. 
Pre-packaged (nonperishable) foods only. $40.
f. 
Temporary retail food permit (waived for public nonprofit organizations)
1-2 day
$30
3-4 day
$50
g. 
Vending machine license $25.
h. 
For a plan review of a retail food establishment.
1. 
For a permit to construct and locate or alter $150.
i. 
Reinspection of food establishments.
1. 
For a facility receiving a less than satisfactory inspection rating, the following reinspection fees are established:
(a) 
First occurrence $0.
(b) 
Second occurrence $250.
(c) 
Any further occurrence $550.
2. 
The reinspection fee shall be paid before any reinspection will be conducted for any food establishment failing to receive a satisfactory inspection rating from the Health Department. Upon a written request by the owner of the food establishment that failed to receive a satisfactory inspection rating, however, the payment of a reinspection fee may be added to the following year's licensing fee instead of being charged prior to the reinspection. Fees for occurrences are cumulative for a period of two years from the date of the first occurrence. A transfer of ownership within the two year period will void all accumulated occurrences.
j. 
Fee for local food safety short course $20.
[Ord. #45, S 3]
Any license issued under the terms and provisions of this chapter may be suspended or revoked by the Township Board of Health for the violation by the licensee of any provision of this chapter or of Chapter 12 of the New Jersey State Sanitary Code, or whenever it shall appear that the business, trade, or occupation of the person 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 Township, or that the person conducting the retail food establishment is 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.
[Ord. #45, S 4]
A license issued under the terms and provisions of this chapter shall not be revoked, cancelled 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, cancelling 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 the 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 the 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.
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.
No provision of this chapter shall be applied so as to impose any unlawful burden on either interstate commerce or any activity of the State or Federal Government.
[Ord. #45, S 5]
Permits issued or approved under the provisions of this chapter shall expire annually on December 31 of each year. Application for renewal thereof shall be submitted, together with the required fee, prior to January 1 of each year.
[Ord. #45, S 6]
Any person who violates any provision of this ordinance shall, upon conviction thereof, be liable to a penalty of not less than $25 nor more than $100 for each violation. Each day a particular violation continues shall constitute a separate offense.
[Ord. #87-91, S 3; Ord. #96-5, SS 1, 2; Ord. #99-01, S 3]
a. 
Every retail food establishment in Montgomery Township shall be required to have at least one certified food manager, as defined in paragraph b below, present to supervise the licensed premises a minimum of four hours of each eight hour work period during which food is handled on the licensed premises;
b. 
A certified manager is a member of the management or supervisory staff of the licensed facility who (i) has been certified in food safety and sanitation through a course of instruction approved by the New Jersey Department of Health or, in the alternative, (ii) possesses a current valid Food Manager's Certification issued by the Educational Testing Service;
c. 
Certified food managers shall satisfactorily complete a refresher course in food safety and sanitation every three years. The course of instruction shall be approved by the State Department of Health and Senior Services or the Montgomery Township Department of Health, and proof of satisfactory course completion must be provided to the Health Officer or designee upon request;
d. 
Upon request, the licensee operating a retail food handling establishment shall provide to the Health Officer or designee satisfactory proof that all food handlers have been properly trained in food safety and sanitation procedures upon hire, and before handling any food;
e. 
If a licensed facility becomes unable to comply with this subsection due to the voluntary or involuntary separation from employment of one or more of its certified managers, the licensee shall immediately notify the Township Board of Health. In that event, a temporary waiver (not to exceed three months) may be granted by the Health Officer provided that the licensee takes immediate action to insure compliance with this subsection;
f. 
In addition to the penalties prescribed in subsection BH2-2.6, any violation of the provisions of this subsection shall be grounds for suspension, revocation or non-renewal of the Retail Food License issued by the Township Board of Health in accordance with subsection BH2-2.3.
g. 
In the event the Health Officer or designee disapproves of the qualifications of a food manager, the individual food manager or the licensed facility may appeal that decision in accordance with the procedures set forth in section BH1-3.
[Added 7-10-2019 by Ord. No. BOH 2019-02]
a. 
All restaurants, cafeterias, institutional kitchens and other retail food establishments discharging grease, fats, or oils that may be detrimental to the sewer system ("covered facility") shall use a grease trap. A garbage grinder shall not be used when a grease trap is required.
b. 
The grease trap shall be installed and used in accordance with the requirements set forth in the most recent edition of the National Standard Plumbing Code, Chapter 6.2, or successor document.
[Added 7-10-2019 by Ord. No. BOH 2019-02]
a. 
Grease traps utilized by covered facilities shall be inspected not less than annually by the Board of Health's designated inspector, who will verify the physical presence of the required grease trap and its maintenance. Additional inspections may be required to meet the purpose of this section.
b. 
All grease traps shall be maintained clean and in good repair.
c. 
All covered facilities shall provide the Health Department with a certification from a service company that the grease traps have been properly installed, are properly maintained and are functioning for their intended purposes. Such certification shall be submitted at least quarterly.
d. 
Should the Township or its agents incur costs to clean out sewer laterals/lines serving the covered facility due to grease, the owner and operator of the offending facility shall be required to reimburse the Township and its agents for all such costs.
e. 
The Township reserves the right to require existing restaurants, cafeterias, institutional kitchens and other retail food establishments discharging quantities of grease, fats, wax, or oils to install grease traps, in accordance with the most recent edition of the National Standard Plumbing Code, Chapter 6.2, or successor document.
[Added 7-10-2019 by Ord. No. BOH 2019-02]
No person shall discharge or cause to be discharged into any public sewer any of the substances or wastes described in Montgomery Township Code Section 12-6.3, Prohibited Wastes.
[Added 7-10-2019 by Ord. No. BOH 2019-02]
a. 
All facilities operating with a grease trap required under this section shall register the grease trap annually with the Health Department.
b. 
Fees in accordance with the following schedule shall be paid before any registration required in this section shall be issued:
Annual registration of a grease interceptor device
$25.00 per establishment
c. 
Registrations issued under the provisions of this section shall expire annually on the 31st day of January each year. Renewal registrations are to be filed on or before January 31 each year.
d. 
Such registration shall be posted in a conspicuous place in such establishment.
e. 
All registration fees shall be paid to the Township of Montgomery.
[Added 7-10-2019 by Ord. No. BOH 2019-02]
Any person who shall violate any provision of this section shall upon conviction thereof be subject to the penalties set forth in Section BH1-2 of the Board of Health Code.