[Ord. BH:1-2000, § 1]
A code regulating retail food handling establishments, providing for the inspection of such establishments and fixing penalties for violations, is hereby established pursuant to Revised Statutes N.J.S.A. 26:1 A-9. A copy of said code is annexed hereto and made a part hereof without the inclusion of the text thereof herein.
[Ord. BH:1-2000, § 2]
The code established and adopted by this chapter in addition to the New Jersey Sanitary Code, Chapter 12, "Construction, Operation and Maintenance of Retail Food Establishments" as well as N.J.A.C. 8:21-1.1 et seq. as may be amended from time to time and is referred to in same.
[Ord. BH:1-2000, § 3]
Three (3) copies of this chapter as well as the State of New Jersey Sanitary Code, Chapter XII, have been placed on file in the office of the secretary of this local Board of Health upon introduction of this chapter and will remain on file there for the use and examination of the public until final action is taken on this chapter.
[Ord. BH:1-2000, § 4]
a. 
All existing retail food establishments in operation at time of the adoption of this chapter including restaurants, diners and any other establishment selling, preparing or serving food excluding prepackaged food in the Borough of Cliffside Park must meet the following requirements to obtain a food establishment license. The owner, manager or employee in charge of other employees serving food must successfully complete a course prescribed by the Cliffside Park Board of Health. There are two such courses, an eighteen hour food managers course and a three hour food handlers course.
These food handlers courses pertain to food safety health education, sanitization, personal hygiene, foodborne illness, dishwashing and sanitizing procedures, microorganisms, insects and rodents, and other health related matters. The certificate of satisfactory completion of the three hour food handlers course is valid for three years from the date of issuance, and the eighteen hour certificate of satisfactory completion for the food managers course shall be effective for four years from the date of issuance. This is a prerequisite to any license being issued to a retail food establishment after the appropriate fees have been paid. This certificate must be available in the establishment at all times.
b. 
Commencing May 1, 2000 and each year thereafter, or such other date as may be fixed by the Cliffside Park Board of Health, where an owner, manager or employee in charge of other employees serving food has not completed the three hour food handlers course or the eighteen hour food managers course as set forth in paragraph a above, the Cliffside Park Board of Health may issue a temporary retail food license which shall be issued for ninety days of that year. For the issuance of such a temporary retail food license, the retail food establishment shall pay the normal fee charged for the permit together with a special surcharge for the temporary retail food license in the amount of fifty ($50.00) dollars. No part of the surcharge shall be returned. The surcharge shall be used for the sole purpose of administering this chapter for those retail food establishments whose owner, manager or employee in charge of other employees serving food has not successfully completed the three hour food handlers course or the eighteen hour food managers course.
c. 
Commencing May 1, 2000 whenever a license is issued to a new owner of a retail food establishment where food is prepared, the owner or designated manager (the person who is actively engaged in the daily operation) is required to take the first available eighteen hour food managers certification course and employees in charge of other employees serving food must take the three hour food handlers course. The Cliffside Park Board of Health shall issue a temporary retail food license, which shall remain in effect for ninety days from the date of its issuance or until the required eighteen hour food managers certification course and three hour food handlers course has been given and satisfactorily completed. For the issuance of such a temporary retail food license, the retail food establishment shall pay the normal fee charged for the permit together with a special surcharge for the temporary retail food license in the amount of fifty ($50.00) dollars. No part of the surcharge shall be returned.
d. 
If there is no individual in charge of other employees serving food to others who has satisfactorily completed the eighteen hour food managers certification course or three hour food handlers course in accordance with this chapter, then the retail food establishment shall be issued a summons to appear before the magistrate to answer the violation. This also applies to those in violation of paragraph c above.
e. 
Each licensee shall pay a license fee for the issuance of a license to operate a retail food establishment or other food related business in the Borough of Cliffside Park as established by the Board of Health:
Food Handling Establishments
Bakery
Non-Profit Organizations
Cafeteria
Restaurants
Deli
School
Institutions
Stationery Store
Mobile Vending
Supermarket
Nursery School
Snack Bar
Day Care
Assisted Living Facility
Caterers
1) Dispensing potentially hazardous food
2) Dispensing not potentially hazardous food
Temporary (seasonal)
Temporary (one day)
Sit down or Take-Out Restaurants Based on Seating Capacity
[Ord. BH:1-2000, § 5]
a. 
Any retail food establishment which receives two consecutive conditional satisfactory ratings within twelve months or an unsatisfactory rating shall have its owner or manager appear at the next meeting of the Cliffside Park Board of Health to show cause why its license shall not be suspended for failing to operate its premises in accordance with Chapter XII of the New Jersey Sanitary Code. The conditional satisfactory shall be posted on the premises for such time as the Board of Health and/or inspector believes it is necessary for the preservation of the public health and safety. In addition, its owner or manager must take and satisfactorily complete the next available eighteen hour food managers certification course.
b. 
A retail food establishment license issued under the provisions of this chapter shall expire annually on December 31st of each year and application for renewal thereof shall be submitted together with the required fee prior to February 1st of each year. Failure to obtain a license for the new year by January 31st will result in a surcharge (late fee) of fifty ($50.00) dollars and after March 1st a surcharge of two-hundred fifty ($250.00) dollars and closure of the establishment.
[Ord. BH:1-2000, § 6]
Any person who violates any provision of this chapter shall upon conviction be liable to a penalty of not less than one hundred ($100.00) dollars nor no more than one thousand ($1,000.00) dollars for each violation. Each day a particular violation continues shall constitute a separate offense.
[Ord. BH:1-2000, § 7]
The provisions of this chapter are declared to be severable, and if any section, subsection, sentence, clause or phrase hereof, shall, for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, subsections, sentences, clauses and phrases of the chapter but they shall remain in effect, it being the legislative intent that this chapter shall stand notwithstanding the invalidity of any part.