[Ord. #95-Code-60, § 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 26:3-69.1
to 69.6. A copy of said code is annexed hereto and made a part hereof
without the inclusion of the text thereof herein.
[Ord. #95-Code-60, § 2; Ord. #13-Code-90]
The said code established and adopted by this Chapter is described
and commonly known as Chapter 24 of the New Jersey Administrative
Code, Sanitation in Retail Food Establishments and Food and Beverage
Vending Machines.
[Ord. #95-Code-60, § 3; Ord. #13-Code-90]
Three copies of said State of New Jersey Sanitary Code, Chapter
24, 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 until final action is taken on this Chapter, for the
use and examination by the public.[1]
[1]
Editor's Note: Prior ordinance history includes portions of
Ordinance No. 77-47 and 1967 Code §§ 43-1 - 43-4.
[Ord. #11-Code-85; Ord. #13-Code-90]
All retail food establishments must obtain a retail food establishment
license from the Board of Health prior to opening. All retail food
establishments shall submit a completed Health License Application
and meet all requirements set forth in Chapter 24 of the New Jersey
Sanitary Code and any Board of Health ordinance of the Borough of
Oakland prior to issuance of such license.
[Ord. #95-Code-60, § 4; Ord. #07-Code-81, § 2;
Ord. #11-Code-85; Ord. #13-Code-90]
a.
No retail food establishments shall be granted a Board of Health
license unless the owner/manager and employee food handlers have been
certified in food safety in the following manner:
1.
The manager on site of a Risk Type 3 establishment and a Risk Type
4 establishment shall be a certified food manager having successfully
completed a food manager's certification program.
[Amended 6-20-2017 by Ord. No. BH17-Code-94]
2.
The owner or manager on site of a Risk Type 2 establishment shall
be a certified food handler having successfully completed a nationally
recognized food handler's course.
[Amended 6-20-2017 by Ord. No. BH17-Code-94]
3.
Employees in charge of other employees or directly involved in food
preparation should be certified food handlers.
4.
A sufficient number of employees and managers must be certified to
ensure that a certified food handler is present on each shift and
in each department (e.g., supermarkets) at all times.
5.
Each nonprofit organization which prepares and serves potentially
hazardous food shall have someone from their organization take the
Three-Hour Food Handler's Course. The certified food handler must
be present when food is being prepared and/or served.
b.
Each new owner of a retail food establishment is required to attend the first certification course available and send a sufficient number of employees for certification to comply with paragraph a4 above. The Oakland Board of Health shall issue a temporary retail food license which shall remain in effect for 90 days from the date of its issuance or until the Food Manager's or Food Handler's Course has been successfully completed. For the issuance of a temporary retail food license, the retail food establishment shall pay the normal license fee for its annual license with an additional fee for the temporary license. Fee amounts are as per schedule in subsection BH2-4.3.
c.
If there is no owner, manager or certified employee on any particular
shift, the retail food establishment shall be issued a court summons
for the violation of this section.
[Ord. #95-Code-60, § 4; Ord. #00-Code-68, § 1;
Ord. #13-Code-90]
a.
Any retail food establishment which receives an "Unsatisfactory"
rating from the appropriate official inspecting the premises shall
immediately cease from serving any food or similar products until
the licensee has received a "Satisfactory" rating from the inspector
conducting such inspections.
b.
Any retail food establishment which receives two conditional satisfactory
ratings within any twelve-month period shall have its owner or manager
appear at the next meeting of the Oakland Board of Health to show
cause why its license shall not be suspended for failing to operate
its premises in accordance with Chapter 24 of the New Jersey Administrative
Code, Sanitation in Retail Food Establishments and Food and Beverage
Vending Machines. 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 Food Manager's Certification Program.
c.
In addition to the remedies stated above, the inspector conducting
the inspections shall cause appropriate summons to be issued for the
violation of Chapter 24 of the New Jersey Sanitary Code, the ordinance
of the Borough of Oakland and applicable statutes of the State of
New Jersey.
d.
Retail food establishments requiring any more than one reinspection as a result of being issued a conditional or unsatisfactory rating will be assessed a reinspection fee for each reinspection required after the first reinspection until the establishment achieves a satisfactory rating. Payment of reinspection fee shall be made prior to the next reinspection. For fee, see subsection BH2-4.3a, Schedule of Fees.
[Ord. #95-Code-60, § 4; Ord. #96-Code-62, § 1;
Ord. #00-Code-68, § 2; Ord. #02-Code-73, § 2;
Ord. #02-Code-75, § 1; Ord. #07-Code-81, § 3;
Ord. #11-Code-85; Ord. #12-Code-89; Ord. #13-Code-90]
The fees charged to various establishments and other entities
(public or non-public) dispensing, serving or selling food and beverages
and food products within the Borough of Oakland are as follows:
a.
Schedule of Fees.
1.
Banquet/Catering Facility:
|
Up to 50 seats
|
$250
|
|
50 to 100 seats
|
$325
|
|
Over 100 seats
|
$500
|
2.
Sit-Down Restaurant/Sit-Down and Take-Out Restaurant/Industrial Cafeteria:
|
Up to 50 seats
|
$250
|
|
50 to 100 seats
|
$325
|
|
Over 100 seats
|
$500
|
3.
Health Care Facility:
|
0 — 100 beds
|
$150
|
|
100 — 200 beds
|
$300
|
|
Over 200 beds
|
$500
|
4.
Supermarket/Market: $900.
5.
Bakery, Deli, Convenience Store:
|
With food prep/grill
|
$250
|
|
Without food prep/grill
|
$200
|
6.
Take-out/Snack bar:
|
Year-round with food prep/grill
|
$250
|
|
Year-round without food prep/grill
|
$200
|
|
Seasonal
|
$100
|
7.
Packaged Food/Beverage Sales: $100.
8.
Frozen Food Mobile Vendor: $150.
9.
Mobile Food Vendor: $150.
10.
Schools: $150.
11.
Rooming/Boarding Home: $200.
12.
Temporary Licenses:
|
30 Day Temporary License
|
$250
|
|
90 Day Temporary License
|
$150
|
13.
Temporary Event Retail Food Establishment License:
[Amended 10-15-2019 by Ord. No. BH19-Code-95]
|
4 hours (nonprofit organization - no charge)
|
$25
|
|
1 to 3 days (nonprofit organization - no charge)
|
$100
|
|
4 to 7 days (nonprofit organization - no charge)
|
$150
|
14.
Late fees:
|
For licenses $200 and under
|
$50
|
|
For licenses over $200
|
$100
|
15.
Reinspection Fee: $100.
16.
Caterer: $250.
17.
Farmer's Market: $50.
[Ord. #95-Code-60, § 4; Ord. #13-Code-90]
A retail food establishment license issued under the provisions
of this Chapter shall expire annually on December 31st and application
for renewal thereof shall be submitted annually together with the
required fee prior to January 1st.
[Ord. #95-Code-60, § 4]
A retail food establishment license issued by another Board
of Health is not transferable as to another license.
[Ord. #95-Code-60, § 4; Ord. #95-Code-61, § 1;
Ord. #95-Code-72, § 1; Ord. #07-Code-81, § 3;
Ord. #11-Code-85; Ord. #12-Code-89; Ord. #13-Code-90]
a.
Temporary Thirty-Day License.
1.
Temporary Thirty-Day License Issued at License Renewal. For fees, see subsection BH2-4.3a, Schedule of Fees. This license is issued to establishments not in compliance with food course requirements at time of license renewal and is issued in addition to annual license. Annual license is held until the establishment is in compliance with Chapter 24 of the New Jersey Administrative Code or any Board of Health of the Borough of Oakland ordinance. If compliance is not met by March 1st of the licensing year, the establishment will be closed until it is in compliance, at which time annual license will be issued.
2.
Temporary Thirty-Day License Issued to New Establishments. For fees, see subsection BH2-4.3a, Schedule of Fees. This license is issued to new food establishments that are not in compliance with Chapter 24 of the New Jersey Administrative Code or any Board of Health ordinance of the Borough of Oakland when the establishment's ninety-day temporary license has expired. This license is issued to enable the establishment to operate until the owner or manager appears at the next Board of Health meeting to provide just cause as to why the establishment should be allowed to remain open.
3.
Temporary Thirty-Day License Issued for Establishments in Violation of Chapter. For fees, see subsection BH2-4.3a, Schedule of Fees. Any retail food establishment found to be in violation of Chapter 24 of the New Jersey Administrative Code or any Board of Health ordinance of the Borough of Oakland may, at the Board of Health's discretion, be issued a temporary thirty-day license to operate. Renewal of said license may also be renewed at the Board of Health's discretion.
b.
Temporary Ninety-Day License. For fees, see subsection BH2-4.3a, Schedule of Fees. This license is issued to new food establishments that do not meet food course requirements at time of opening. If food courses are available and course requirements have not been met within the ninety-day period, owner must appear at the next Board of Health meeting to provide just cause as to why establishment should remain open.
c.
Temporary Event Retail Food Establishment Licenses. Temporary event
retail food establishment licenses may be issued by the Board of Health.
The licenses shall designate the location where food will be served
and shall not be transferable Licenses must be obtained from the Board
of Health two weeks prior to the event and fees paid. Nonprofit organizations
are exempt from fees under this section. In order to obtain such license,
the following information must be provided: (a) date and length of
function; (b) type of food being prepared; (c) establishment name
and address where all food supplies are being purchased (d) approximate
number of people being served.
1.
One to Three-Day Temporary Event Retail Food Establishment License. A one to three-day temporary event retail food establishment license may be issued by the Board of Health which shall be effective for the one to three-day period designated on the license application. For fee, see Subsection BH2-4.3a, Schedule of Fees.
2.
Four to Seven-Day Temporary Event Retail Food Establishment License. A four to seven-day temporary event retail food establishment License may be issued by the Board of Health which shall be effective for the four to seven-day period designated on the license application. For fee, see Subsection BH2-4.3a, Schedule of Fees.
3.
Four-Hour Temporary Event Retail Food Establishment License. A four-hour temporary event retail food establishment license may be issued by the Board of Health to for-profit vendors participating in temporary events lasting four consecutive hours or less which are hosted by nonprofit organizations. The license shall be effective for a period of up to and including four consecutive hours on the day designated on the license application. For fee, see Subsection BH2-4.3a13, Schedule of Fees.
[Added 10-15-2019 by Ord.
No. BH19-Code-95]
d.
Investigation Required Prior to Issuance of Temporary Event Retail
Food Establishment Licenses. Upon receipt of an application for a
special event in which food will be served to the public, the Health
Department shall conduct an investigation into the plans for preparation
and food service, including qualifications of food handlers and the
type of equipment to be used. Upon preliminary satisfactory evidence
of compliance with this article and N.J.A.C. 8:24-1.1 et seq., the
Health Department shall approve the application for the temporary
food establishment license. Upon on-site inspection the day of the
temporary event, the temporary food establishment license will be
issued to the applicant. Based on the Registered Environmental Health
Specialist's investigation, a Food Handler's Certificate may be necessary
in order to obtain a temporary food establishment license. All applications
for special event temporary food establishment licenses must be completed
and submitted to the Health Department at least 10 calendar days prior
to the event.
e.
Farmer's Market Temporary Event Food Establishment License. A Farmer's Market Temporary Event Retail Food Establishment License may be issued by the Board of Health to Oakland Borough-approved vendors for their participation in the Farmer's Market for each Oakland Borough-designated Farmer's Market season. The license shall not be transferable. Licenses must be obtained from the Board of Health two weeks prior to the vendor's participation and fees paid. Nonprofit-organizations are exempt from fees under this section. In order to apply for such license, the following information must be provided: (i) type of food being offered for sale at the Farmer's Market; (ii) establishment name and address where all food items are being obtained or originate from. For fee, see subsection BH2-4.3a, Schedule of Fees.
[Ord. #95-Code-60, § 4]
Nursery schools preparing food or representatives of the nursery
schools preparing food must take the Three-Hour Food Handler's Course.
[Added 10-15-2019 by Ord.
No. BH19-Code-95]
a.
The inspecting
officer shall post the evaluation/inspection placard for New Jersey
State Chapter 24 Food Inspections immediately after issuing same in
the entry window of the establishment, unobstructed and viewable from
the exterior.
b.
In the
event there is no entry window, the evaluation/inspection placard
shall be posted in a conspicuous place near the public entrance of
the establishment where the Health Department deems acceptable and
in such a manner that the public may view the placard upon entering
the establishment.
[1]
Editor's Note: Former subsection BH2-4.8, Temporary License
for Establishments in Violation of Chapter, previously codified herein
and containing portions of Ordinance No. 95-Code-60, was deleted in
its entirety by Ordinance No. 13-Code-90.
[Ord. #99-Code-65, § 1]
A license or approval of license may be suspended or revoked
for any violation of any provision of this Chapter or code after an
opportunity for a hearing by the Board of Health or its authorized
representative.
[Ord. #95-Code-60, § 5; Ord. #02-Code-73 § 4;
Ord. #02-Code-75, § 3; Ord. #07-Code-81, § 4]
Any person who violates any portion of this chapter or Code
or regulations issued by the New Jersey State Department of Health
concerning the enforcement of this Code shall be fined not less than
$100 and not more than $500 upon conviction in the Municipal Court.
If a person shall have been twice convicted of violating this chapter
or Code, the Court may assess an additional penalty of imprisonment
in the Bergen County Jail in accordance with N.J.S.A. 26:3-78 if such
conviction occurs within a period of six months from the prior violation.
[Ord. #02-Code-73, § 1; Ord. #07-Code-81, § 1;
Ord. #11-Code-85; Ord. #13-Code-90]
Shall mean a business based in Oakland which prepares and
serves food at locations other than where said business is based.
A nationally recognized food handler's course that promotes
good public health practices in serving safe food to the public. A
passing score certifies the attendee for two years.
[Amended 6-20-2017 by Ord. No. BH17-Code-94]
Shall mean a program offering a food safety certificate by
passing food safety certification examination administered by an accredited
certifying program recognized by the Conference for Food Protection.
This program certifies the successful attendee for five years.
Shall mean and include all vehicles and other means of conveyance
which are peddling frozen foods, including ice cream, from their vehicles
or trucks to the public.
Shall mean a food vendor and shall include all trucks and
vehicles peddling coffee, hot and cold foods, beverages to the public.
Shall mean a packaged food store shall include a pharmacy,
liquor store, video store, candy store, as well as any facilities
located within such public places as bowling alleys where beverages
are sold or consumed on the premises by the public.
Risk classifications of food establishments as defined by
the New Jersey Food Code in N.J.A.C. 8:24.
[Amended 6-20-2017 by Ord. No. BH17-Code-94]
Shall include all public and private facilities and those
with cafeterias managed by a for-profit company, including nursery
schools, private and public schools and day-care centers, which shall
serve food on the premises to those children who are enrolled at the
facilities.
Shall mean a sit-down restaurant and shall include all businesses
within the Borough of Oakland where food and beverages are consumed
on the premises including sit-down restaurants, sit-down and take-out
restaurants and industrial cafeterias.
Shall mean a business serving food located within another
business for the convenience of the patrons and providing food and
beverages on the premises for consumption.
Shall mean and include the operation of any business within
the Borough of Oakland where food is primarily carried off the premises.
