[Editor's Note: Prior ordinance history includes portions
of Ordinance Nos. BH-3-67 and BH-2-70.]
[Ord. No. BH-1-97 § 1]
Every person, firm, corporation, partnership, company, association, organization or other legal entity operating or conducting a "retail food establishment" within the Township of Chatham within the meaning of that term as defined in Chapter 24, Sanitation in Retail Food Establishments and Food and Beverage Vending Machines, of the New Jersey State Sanitary Code, N.J.A.C. 8:24-1.1 and following, shall at all times comply with applicable provisions of Chapter 24.
[Ord. No. BH-1-97 § 2]
No person, firm, corporation, partnership, company, association, organization or other legal entity shall operate or conduct a retail food establishment as defined in Section BH3-1 within the Township of Chatham unless a currently valid license has been issued therefor by the Township Board of Health pursuant to this Chapter BH3.
[Ord. No. BH-1-97 § 3]
An application for a license to conduct a retail food establishment
shall be made upon a form available in the office of the Township
Board of Health. Each application shall require the following information:
a.
Name and address of the applicant.
b.
Location and a brief description of the nature of the applicant's
business or activity;
c.
Name of the person who will be in charge of the applicant's
retail food establishment; and
d.
Whether a regular or temporary license is requested.
Licenses issued pursuant to this chapter shall be classified
as regular or temporary. Retail food establishments with permanent
facilities for the handling of food must obtain annual licenses which
are classified as regular licenses. Temporary licenses are limited
to the conduct of special events at which food will be served to the
public without the use of permanent facilities for the preparation
and handling of food.
Every regular license shall expire on the last day of December
of the year during which the license was issued. Every temporary license
shall expire on the date provided in the license but in no event later
than 14 days from the date upon which the license was issued.
[Ord. No. BH-1-97 § 4;
BH-5-01; BH-1-02; BH-1-04 § 1; Ord. No.
BH-1-10; Ord. No. BH-1-14]
The fees for regular retail food establishment licenses shall
be as follows:
|
Plan Review Fee
|
$225
|
|
Plan Alterations Review Fee
|
$175
|
|
Store/Food Establishment Up to and including 10,000 square feet
|
$100 per annum
|
|
More than 10,000 square feet
|
$200 per annum
|
|
Deli/Restaurant
| |
|
1 to 25 seats
|
$50 per annum
|
|
26 to 50 seats
|
$100 per annum
|
|
More than 50 seats
|
$150 per annum
|
|
Long Term or Assisted Care Facility having a maximum available
capacity of
| |
|
1 to 25 residents
|
$75 per annum
|
|
26 to 50 residents
|
$150 per annum
|
|
51 to 100 residents
|
$225 per annum
|
|
More that 100 residents
|
$300 per annum
|
|
Vendors purveying individual servings of ice cream or other
frozen confections, hot or cold drinks, candies, popcorn, fruit or
other edible products
|
$50 per annum
|
|
Vendors delivering dairy products to dwellings or dwelling units
|
$10 per annum per vehicle
|
|
Farm Stands
|
$25 per annum
|
|
Swim Club Snack Bars
|
$50 per annum
|
|
Packaged Goods only
|
$50 per annum
|
|
A temporary license for up to 3 days for a special event or
celebration at which food will be served to the public by other than
a school, church or nonprofit organization
|
$25 per event
|
There shall be no fee for a school, church or nonprofit organization
having permanent or temporary kitchen facilities, provided that a
license shall be obtained for any permanent kitchen facilities and
further provided that the Township Board of Health may at any time
inspect the operation of any temporary kitchen facilities.
The annual fee for a regular license shall not be prorated by
reason of the date upon which the license may be issued.
All required license fees shall be due and payable on the first
business day of January of each year. Effective May 1, 2010 and February
1 every year thereafter, an additional late fee of $50 will be charged
to those retail food establishments who have not obtained a license.
The fee for a retail food establishment license shall cover
an initial inspection and one reinspection if the establishment is
not given a "satisfactory" rating on the basis of the initial inspection.
There shall be a charge of $50 each for a third and any further inspections
required prior to the issuance of a license.
No license issued pursuant to this ordinance shall be transferable
in any manner.
[Ord. No. BH-1-97 § 5]
Inspections of a retail food establishment may be made by the Board of Health at any time or times during the period of a license. No charge shall be made for an initial inspection or a second inspection to assure the correction of any conditions that caused the issuance of a conditional or unsatisfactory rating. In the event that any future reinspections are required by failure to correct violations of Chapter 24 of the State Sanitary Code, the licensee shall pay to the Township Board of Health an additional fee of $50 for each reinspection necessary to determine compliance with Chapter 24. Any reinspection fee shall be paid at the time that the reinspection is made, and in no event shall a placard evidencing a satisfactory evaluation be issued until all required reinspection fees have been paid to the Board.
[Ord. No. BH-1-97 § 6]
The Board of Health shall schedule courses for the instruction
of the management personnel of retail food establishments. When notified
by the Board in writing, a licensed retail food establishment shall
arrange for attendance of an appropriate representative of the establishment
at the specified food handler's course. Failure by a retail food
establishment to comply with the attendance requirement shall constitute
grounds for suspension or revocation of the establishment's license.
[Ord. No. BH-1-97 § 7]
A license issued pursuant to this chapter may be suspended or revoked by the Township Board of Health for violation by the licensee of provisions of Chapter 24 of the State Sanitary Code whenever the Board determines that the violations require such action in order to protect the public health. Notice of suspension or revocation setting forth the alleged reasons for the suspension or revocation shall be given to the licensee in writing by delivering a copy of the notice to the licensee at the licensed premises or by posting a notice on the front door of the licensed premises. The suspension or revocation shall be effective upon such delivery or posting.
Whenever any license is suspended or revoked, the licensee shall
be entitled to a hearing before the Board within 15 days after written
request therefor is made to the Board. Upon such hearing or within
10 days thereafter the Board shall affirm, alter or rescind the suspension
or revocation. The reasons for the action by the Board shall be set
forth in writing and a copy thereof shall be furnished to the licensee.
[Ord. No. BH-1-97 § 8]
Any person who shall violate any provision of this chapter, any provision of Chapter 24 of the State Sanitary Code or any order issued thereunder shall upon conviction be subject to a penalty of not less than $5 nor more than $500 for each and every violation. Each day that a particular violation continues shall constitute a separate offense.
