Borough of Fairview, NJ Retail Food Establishments

[Ord. No. 99-5 § 4; Ord. No. 02-4]

No retail food establishment including restaurants, diners and any other establishments selling or serving food to the public in the Borough of Fairview shall be granted a Retail Food Establishment License unless the owner, manager or employee in charge of other employees serving food on each particular shift has successfully completed a course prescribed by the Fairview Board of Health pertaining to health, education, sanitation, personal hygiene, food borne illness, dishwashing and sanitizing procedures, micro-organisms, insects and rodents, and other health related matters. There are two such courses: an Eighteen-Hour Food Manager's and Handler's Certification Course and a Three-Hour Food Handler's Course. The owner, manager or employee in charge of other employees serving food on each particular shift must possess a current certificate of satisfactory completion of the course which must be available in the establishment at all times. The owner, manager and employees in charge of other employees serving food on a particular shift shall have completed the minimum of a Three-Hour Food Handler's Course. The certificate of satisfactory completion of the Three-Hour Food Handler's Course shall be effective for five years from the date of its issuance and shall be a prerequisite to any license being issued to a retail food establishment after the appropriate fee of $35 has been paid.

Commencing January 1, 1999, or such date as may be fixed by the Fairview Board of Health, each owner, manager or employee in charge of other employees serving food on each particular shift shall complete the first available Three-Hour Food Handler's Course prior to the Board of Health issuing an annual license to the retail food establishment. In addition, before a license shall be issued the retail food establishment shall pay the appropriate fee of $35 in accordance with this chapter.

Commencing January 1, 1999 and each year thereafter, or such other date as may be fixed by the Fairview Board of Health, where an owner, manager or employee in charge of other employees serving food on each particular shift has not completed the Three-Hour Food Handler's Course as set forth in Section BH10-4a of this chapter, the Fairview Board of Health may issue a temporary retail food license which shall expire on March 31, 1999. 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 $50. No part of the surcharge shall be returned. The surcharge shall be used for the sole purpose of administering this chapter on those retail food establishments whose owner, manager or employee in charge of other employees serving food on each particular shift has not successfully completed the Three-Hour Food Handler's Course.

Additionally, commencing January 1, 1999, or such date as may be fixed by the Fairview Board of Health, each new owner of a retail food establishment where food is prepared is required to take the first available Eighteen-Hour Food Manager's Certification Course and employees in charge of other employees serving food on a particular shift must take the Three-Hour Food Handler's Course. The Fairview 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 required Eighteen-Hour Food Manager's Certification Course and Three-Hour Food Handler's 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 $50. No part of the surcharge shall be returned.

If there is no owner, manager or employee in charge of other employees serving food to others on each particular shift who has satisfactorily completed the Eighteen-Hour Food Manager's Certification Course or Three-Hour Food Handler's 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.

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 license has received a "Satisfactory" rating from the inspector conducting such inspections.

Any retail food establishments which receives two conditional satisfactory ratings within any one-year period shall have its owner or manager appear at the next meeting of the Fairview 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 Manager's Certification Course.

Failure of the establishment to adhere to this rule by licensing time of the subsequent year, will result in a surcharge of $500 on the new license.

In addition to the remedies stated above, the inspector conducting the inspection shall cause appropriate summons to be issued for the violation of Chapter XII of the New Jersey Sanitary Code, the ordinance of the Borough of Fairview and applicable statutes of the State of New Jersey.

Each licensee shall pay a license fee for the issuance of a license to operate a retail food establishment or other business in the Borough of Fairview as follows:

Schedule of License Fees
Food Handling Establishments
Bakery	*
Cafeteria/Industrial Cafeteria	*
Deli	*
Institutions	*
Mobile Vending	*
Movie Concession	*
Packaged Food Store	*
School	*
Stationary Store	*
Supermarket	*
Snack Bar	*
Truck Peddler	*
Temporary (Seasonal)	$40
Temporary (1 day)	$25

*Refer to BH24-1.2

Sit Down or Take-Out Restaurants/Caterers (Based on seating capacity)
See subsection BH24-1.2 paragraph w.
Nonprofit Organizations	$25
(Senior Citizen establishments and activities in Borough-owned building and religious institutions are exempt from the fees imposed under this chapter.)

A retail food establishment license issued under the provisions of this chapter shall expire annually on December 31 of each year and application for renewal thereof shall be submitted together with the required fee prior to February 1 of each year. Failure to obtain a license for the new year by January 31 will result in a surcharge (late fee) of $500.

A retail food establishment license issued by another Board of Health is not transferable as to another license.

As concerns nonprofit organizations, whenever food is being prepared at any of those facilities, a temporary permit, exempt from fees, must be obtained from the Board of Health two weeks prior to the date of the function. In order to obtain this permit, the following information must be provided: (a) date and length of function; (b) type of food being prepared, location of preparation; and (c) approximate number of people being served. The Board of Health has the authority to restrict the types of food prepared and served.

Each nonprofit organization which prepares and serves food, in addition to the matters set forth above in paragraph i, should have someone from their organization take the Three-Hour Food Handler's Course.

Nursery schools preparing food or representatives of the nursery schools preparing food must take the Three-Hour Food Handler's Course.