Township of Cherry Hill, NJ
Camden County
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Table of Contents
Table of Contents
[Ord. #65-40, §§ 1-3, 11-22-65; Ord. #99-49, § 1, 8-9-99]
a. 
Health Inspections. Health inspections of food handling establishments and vendors shall be under the jurisdiction of the Camden County Health Department.
b. 
Other Inspections. The Township's Departments of Code Inspection, Community Development and the Department of Vital Statistics, Division of Licensing shall have the authority to inspect food handling establishments and vendors to insure compliance with Federal, State and local laws, regulations and ordinances.
[Ord. #65-40, § 4, 11-22-65; Ord. #76-34, § 2, 6-14-76; Ord. #93-28, § 1; Ord. #99-49, § 1, 8-9-99]
a. 
It shall be unlawful for any person, corporation or other business entity to conduct a food establishment or act as a food vendor or supplier without first having procured a license or approval of an existing certificate, permit or license from the Township Department of Vital Statistics, Division of Food Licensing. This license shall be posted in a conspicuous place by the food vendor within the establishment.
b. 
A minimum of one (1) person involved in the day-to-day operations of every retail food establishment shall successfully complete the Food Service Management Training Course conducted by the Camden County Department of Health. A valid certificate, issued by the Department of Health as proof of successful completion of the required course and certifying that person as a food handler, shall be conspicuously displayed in conjunction with the license mentioned above. This certificate shall be valid for two (2) years from the date of issue. Certification may be maintained by satisfying the requirements of an approved recertification course.
c. 
If at any time a retail food establishment subject to this section is issued two (2) consecutive conditional ratings by the Camden County Department of Health, beginning from the date the second conditional rating is issued, each such establishment shall maintain two (2) certified food handlers as specified above for a period of two (2) years. If no employee of that establishment holds the required certification at the time the second conditional rating is issued, a specified employee may acquire the necessary certification within the four (4) months immediately following that date.
d. 
Persons certified as food handlers by the Camden County Department of Health shall be responsible for the training of the staff of their respective retail food establishments and for conducting quarterly (i.e., every three (3) months) self inspections of their establishments. These self inspections shall be documented using Form F-65 as promulgated by the New Jersey Department of Health or any other approved form. This form will be provided with each yearly license renewal application and may be photocopied in its entirety.
Completed self inspection forms shall be held and maintained by all retail food establishments for a minimum of two (2) years, and shall be made available for review upon the request of the Camden County Health Department or of the general public. Documentation of corrections of nonconforming areas shall be noted under Section XI of Form F-65 or its equivalent.
e. 
In the event a retail food establishment terminates the employment of a certified food handler, it shall notify the Camden County Department of Health in writing within ten (10) days of termination, and employ a certified food handler as defined above within four (4) months of termination.
[Ord. #65-40, § 5, 11-22-65; Ord. #76-34, § 3, 6-14-76; Ord. #90-2, § 1, 2-12-90; Ord. #93-28, § 2; Ord. #96-10, 4-22-96; Ord. #99-33, § 1, 4-12-99; Ord. #99-33, § 1, 4-12-99; Ord. #99-49, § 1, 8-9-99]
Each category below is a separate and distinct category. Two (2) or more categories may pertain to an establishment and/or food vendor. In such instances, the establishment/vendor shall be charged the total of all pertinent categories.
a. 
For mobile food retail units: (included but not limited to: lunch trucks, ice cream trucks, hot dog carts or any cart selling food/drink and any residential food delivery truck): $100.00/unit
b. 
For retail establishments selling pre-packaged food or drink, for off-premises consumption from an area that occupies less than 100 square feet of retail floor space, provided that such sales are incidental to the primary purpose of the establishment: $100.00
c. 
For hotels, motels or other temporary residential-type establishments, without seating, that supply food to their guests, including but not limited to "in room" food, continental breakfasts and/or buffets: $100.00
d. 
For retail establishments supplying food and having seats for patrons, including restaurants, bars and any other establishment supplying food for on-site consumption:
1. 
Up to 20 seats: $250.00
2. 
Each additional seat above 20 seats: $2.00/seat
e. 
For retail and wholesale establishments that sell food products, including but not limited to supermarkets, grocery stores, drug stores, catering facilities, wholesale food distribution establishments and general merchandise stores. The fees shall be determined by square feet of food sales area:
1. 
Less than 1,000 square feet: $250.00
2. 
1,000 - 3,999 square feet: $400.00
3. 
4,000 square feet and over: $800.00
f. 
For establishments including nursing homes, assisted living facilities, medical facilities and hospitals that serve food: $350.00
g. 
For child day care centers or adult day care centers that provide food: $100.00
h. 
Shared seating (e.g., food court) and for a retail food establishment sharing seating with other food establishments, including but not limited to food courts and food kiosks: $250.00/unit
i. 
For a food vendor at the New Jersey State Fair: $100.00/day per food vendor unit
j. 
For a food vendor at a Township or nonprofit organization sponsored event who has not paid a fee in any other category. This fee shall be in addition to any fees or licenses required under Chapter 2, Article XXIII, Section 2-44.6 of these Revised General Ordinances: $25.00/day
k. 
For a food vendor at the Garden State Flea Market,
1. 
Fee shall be an annual fee of: $200.00/year; or
2. 
The fee shall be a daily fee of: $50.00/day
l. 
Exempt Organizations. The following organizations are exempt from the food license fee: all religious, fraternal, educational, neighborhood swim clubs or other charitable organizations who serve food and/or drinks to their members, congregants, clients or students.
[Ord. #65-40, § 6, 11-22-65; Ord. #93-28, § 3; Ord. #96-10, 4-22-96; Ord. #99-33, § 2, 4-12-99; Ord. #99-49, § 2, 8-9-99]
Licenses issued under the provisions of this section shall be for a period of one (1) year, beginning on May 1 of each year, except for those licenses issued under the provisions of 9-1.3i, 9-1.3j and 9-1.3k2. Under no circumstances will the fees be prorated nor will refunds be provided. An additional fee of fifty($50.00) dollars shall be assessed for those vendors/establishments who have not renewed their licenses by May 1.
[Ord. #65-40, § 7, 11-22-65; Ord. #93-28, § 4]
A license or approval of certificate, permit or license, may be suspended or revoked for a violation by the holder of any provision of this section or Code after an opportunity for a hearing by the Township Department of Vital Statistics, Division of Food Licensing or its authorized representative.
[Ord. #76-34, § 2, 6-14-76; Ord. #99-49, § 2, 8-9-99]
At least one (1) high level management person from each food service establishment shall complete the Division of Health Food Service Management Training Course and possess valid certification attesting thereto. Persons certified shall be responsible for the training of their own personnel concerning sanitation and for conducting routine self-inspections of their establishments. Food service management certificates shall be valid for a period of two (2) years from the date of issue. A fee of five ($5.00) dollars shall be charged to each person registering for the course of instruction. Unless otherwise indicated by the Township Division of Licensing Health Officer, food handling licenses will only be issued to establishments that have complied with the requirements in this subsection.
[Ord. #65-40, §§ 9, 10, 11-22-65; Ord. #93-28, § 4]
a. 
If seating or other capacity is increased, by the licensee, during the calendar year in which the license is issued, hereby additional fees become due the Township, an application for the increased number of seats shall be filed and such additional fees as may be due the Township shall be paid.
Any licensee failing to comply with this provision shall be guilty of a violation and in addition to the penalties prescribed, may on due notice and after hearing by the Township Department of Vital Statistics, Division of Food Licensing have his license or permit revoked.
b. 
Any applicant who shall make an untrue statement in his application with respect to the number of seats installed or the capacity of his establishment for the purpose of obtaining a license, shall be guilty of a violation and may, in addition to the penalties described, on due notice and after hearing by the Township Department of Vital Statistics, Division of Food Licensing have his license revoked.
[Ord. #65-40, § 8, 11-22-65]
Retail food handling establishments having only vending machines for the dispensing of food and or beverages or providing only water for drinking or culinary purposes to the public, shall be exempt from the provisions of this section.
[Ord. #65-40, § 11, 11-22-65; Ord. #93-28, § 4]
Every licensee shall comply with and obey all the laws of this State and of the United States as well as all the ordinances and police regulations in force and operation relating to or concerning the business to be conducted under the license.
Every licensee shall also comply with the ordinances, rules and regulations of the Township Department of Vital Statistics, Division of Food Licensing covering the issuance of permits or licenses for restaurants.
[Ord. # 99-49, § 2, 8-9-99]
Food handling establishments and/or vendors who fail to obtain food licenses from the Division of Food Licensing shall first be afforded the opportunity to apply for the license. Should the establishment or vendor fail to obtain a license, the Division of Licensing may issue a summons for said violation with penalties not to exceed one hundred ($100.00) dollars per day. Each day of the establishment's or vendor's failure to procure a license shall be counted as a separate violation.
[Ord. #65-46, §§ 1-3, 11-22-65]
a. 
Established. A Code regulating the use, operation and maintenance of food and beverage vending machines and licensing thereof; prohibiting the sale or possession with intent to sell through vending machines of adulterated or misbranded foods or drinks; authorizing inspection of vending machines and operations connected therewith; and fixing penalties for violations is established pursuant to N.J.S.A 26:3-69.1 to 69.6. A copy of the Code is annexed hereto and made a part hereof without the inclusion of the text.
b. 
Title. The Code established and adopted by this subsection is described and commonly known as the "Food and Beverage Vending Machine Code of New Jersey (1961)".
c. 
Copies on File. Three (3) copies of the "Food and Beverage Vending Machine Code of New Jersey (1961)" have been placed on file in the Office of the Township Clerk upon the introduction of this section and will remain on file for the use and examination of the public so long as this section is in effect.
[Ord. #65-46, § 4, 11-22-65]
It shall be unlawful for any person, whether as principal or agent, clerk or employee, either for himself or any other person, or for any body corporate, or as an officer of any corporation, or otherwise to:
a. 
Engage in the operation of one (1) or more machines or devices offered for public use which, upon insertion of a coin or token, or by other means, dispense unit servings of food or beverages, either in bulk or package, without the necessity of replenishing the devices between each vending operation, without first having applied to and procured a permit from the Township Division of Health to do so, or without complying with any and all of the provisions of the Food and Beverage Vending Machine Code of New Jersey (1961) as adopted or amended by the Division.
b. 
Maintain or permit to be maintained on or in any location in this municipality, one (1) or more machines or devices offered for public use which, upon insertion of a coin or token, or by other means, dispenses unit servings of food or beverages, either in bulk or package, without the necessity of replenishing the devices between each vending operation, without first having applied for and procured a license for each machine or device from the Township Division of Health or without complying with any and all of the provisions of the Food and Beverage Vending Code of New Jersey (1961) as adopted or amended by the Division.
[Ord. #65-46, §§ 5, 6, 11-22-65]
Application for and issuance of the permits and licenses referred to in subsection 9-2.2 above shall be made in conformity with the provisions of the Food and Beverage Vending Code of New Jersey (1961) as adopted or amended by the Township Council. Permits and licenses are not transferable. All permits and licenses issued under authority of this section shall expire on December 31 of each year.
[Ord. #65-46, § 5, 11-22-65; Ord. #70-39, § 2, 12-28-70; Ord. #91-5, 3-11-91; Ord. #92-9, 2-24-92; Ord. #96-10, 4-22-96]
The fees for licenses as required by subsection 9-2.2 above, for the purpose of raising revenue, for regulation and a control to be paid annually to this municipality, Division of Vital Statistics, are hereby fixed at twenty ($20.00) dollars.
[Ord. #65-46, § 7, 11-22-65]
Licenses may be suspended, revoked, or reinstated by the Division of Vital Statistics pursuant to the provisions of the Food and Beverage Vending Code of New Jersey (1961) as adopted or amended by the Township Council.
[Ord. #65-46, § 8, 11-22-65]
No provision of this section shall be applied so as to impose any unlawful burden on either interstate commerce or any activity of the State or Federal government.
[Ord. #65-46, § 9, 11-22-65]
Any person who violates any of the provisions of this section, shall, upon conviction, be liable to the penalty stated in Chapter 1, Section 1-5. Each violation of any of the provisions of this section, and each day the same is violated, shall be deemed and taken to be a separate and distinct offense.
[Ord. #65-43, § 1, 11-22-65]
A Code defining and prohibiting certain matters, things, conditions or acts and each of them as a nuisance, prohibiting certain noises or sounds, requiring the proper heating of apartments, prohibiting lease or rental of certain buildings, prohibiting spitting in or upon public buildings, conveyances or sidewalks, authorizing the inspection of premises by an enforcing official, providing for the removal or abatement of certain nuisances and recovery of expenses incurred by the Township Division of Health in removing or abating such nuisances and prescribing penalties for violations is established pursuant to Chapter 188, Laws of 1950. A copy of the Code is annexed hereto and made a part hereof without the inclusion of the text.
[Ord. #65-43, § 2, 11-22-65]
The Code established and adopted by this section is described and commonly known as the "Public Health Nuisance Code of New Jersey (1953)".
[Ord. #65-43, § 3, 11-22-65]
Three (3) copies of the "Public Health Nuisance Code of New Jersey (1953)" have been placed on file in the Office of the Township Clerk upon the introduction of this section and will remain on file there for the use and examination of the public so long as this section is in effect.
[Ord. # 65-44, § 1, 11-22-65]
A Code regulating the emission of smoke from fuel-burning equipment, internal combustion engines, open fires, stacks or chimneys, and providing for the inspection of fuel-burning equipment, is hereby established pursuant to the Public Health and Sanitation Codes adopted by Reference Act. (L 1950 c 188). A copy of the code is annexed hereto and made a part hereof without the inclusion of the text.
[Ord. # 65-44, § 2, 11-22-65]
The Code established and adopted by this section is described and commonly known as the "Smoke Control Code of New Jersey (1953)".
[Ord. # 65-44, § 3, 11-22-65]
Three (3) copies of the "Smoke Control Code of New Jersey (1953)" have been placed on file in the Office of the Township Clerk upon the introduction of this section and will remain there for the use and examination by the public so long as this section is in effect.