[Ord. No. HO2014-02]
Article 7 shall be entitled "Retail Food Establishments and
Food and Beverage Vending Machines," and is hereby adopted pursuant
to the N.J.S.A. 26:1A-1 et. seq., and N.J.A.C. 8:24-1.1 et seq., and
the supplements and additions thereto.
[Ord. No. HO2014-02]
No person shall operate a retail food establishment, as defined
in N.J.A.C. 8:24, or vending machine, as defined below, unless a license
to operate the same shall have been issued by the Board of Health.
Such license shall be posted in a conspicuous place in such establishments.
[Ord. No. HO2014-02]
Every article used as food or drink for human consumption
and every ingredient of such article, and shall include milk and ice
cream, preparations of milk and cream, confectionery and condiments.
Any bakery, bar or cocktail lounge, cannery, confectionery,
creamery, convenience store, dairy, delicatessen, grocery, hotel,
lunchroom or luncheonette, meat market, fish market, restaurant, soda
fountain, vending machine or other place used in the production, preparation,
manufacture, packing, storing, transportation, selling, serving, processing
or handling of food for human consumption, intended for sale or distribution
or use.
[Ord. No. HO2014-02]
Fees for a license or license approval issued pursuant to this
Article are hereby established as follows:
a.
Risk Type 1 food establishment.
1.
Definition: any retail food establishment that:
(a)
Serves or sells only prepackaged, non-potentially hazardous
foods;
(b)
Prepares only non-potentially hazardous foods; or,
(c)
Heats only commercially processed potentially hazardous foods
for hot holding and does not cool potentially hazardous foods. Such
retail establishments may include, but are not limited to, convenience
store operations, hot dog carts, and coffee shops.
2.
Annual fee: $100.00.
b.
Risk Type 2 food establishment.
1.
Definition: any retail food establishment that has a limited menu;
and,
(a)
Prepares, cooks, and serves most products immediately;
(b)
Exercises hot and cold holding of potentially hazardous foods
after preparation or cooking; or,
(c)
Limits the complex preparation of potentially hazardous foods,
including the cooking, cooling, and reheating for hot holding, to
two or fewer items. Such retail establishments may include, but are
not limited to, retail food store operations, schools that do not
serve a highly susceptible population, and quick service operations,
depending on the menu and preparation procedures.
2.
Annual fee: $200.00.
c.
Risk Type 3 food establishment.
1.
Definition: any retail food establishment that:
(a)
Has an extensive menu which requires the handling of raw ingredients;
and is involved in the complex preparation of menu items that includes
the cooking, cooling, and reheating of at least three or more potentially
hazardous foods; or,
(b)
Prepares and serves potentially hazardous foods, including the
extensive handling of raw ingredients; and whose primary service population
is a highly susceptible population. Such establishments may include,
but are not limited to, full-service restaurants, diners, commissaries,
and catering operations; or hospitals, nursing homes, and preschools
preparing and serving potentially hazardous foods.
2.
Annual fee: $400.00.
d.
Risk Type 4 food establishment.
1.
Definition: a retail food establishment that conducts specialized
processes such as smoking, curing, canning, bottling, acidification
designed to control pathogen proliferation, or any reduced oxygen
packaging intended for extended shelf life where such activities may
require the assistance of a trained food technologist. Such establishments
include those establishments conducting specialized processing at
retail.
2.
Annual fee: $400. 00.
f.
Temporary retail food establishment.
1.
Definition: any food establishment which operates at a fixed location
for a temporary period of time not to exceed seven days in connection
with a fair, carnival, circus, public exhibition or similar organizational
meetings, mobile retail food establishments as well as agricultural
markets.
2.
Fee: $50.00 per event.
g.
Vending machine.
1.
Definition: any self-service device which, upon insertion of a coin,
paper currency, token, card, key or by any other means, dispenses
unit servings of food, either in bulk or in packages without the necessity
of replenishing the device between each vending operation.
h.
Late fee (all food licenses): 50% of the license fee shall be added
to the stated license fee.
i.
Food establishment plan review fee. A permit applicant or operator
shall submit to the health authority properly prepared plans and specifications
for review and approval before construction and shall pay one of the
following the prescribed fees, in addition to any licensing fees:
1.
The construction of a retail food establishment: $300.00;
2.
The conversion of an existing structure for use as a retail food
establishment: $300.00; or,
3.
The remodeling of a retail food establishment or a change of type
of retail food establishment or food operation if the health authority
determines that plans and specifications are necessary to ensure compliance
with these rules: $150.00.
j.
No fee will be charged to any Borough municipal department or affiliation.
k.
A waiver of fee for temporary food licenses only shall be granted
to those applicants that provide proof of State or Federal nonprofit
status.
[Ord. No. HO2014-02]
Licenses issued pursuant to this Article shall expire annually
on December 31 of each year, and the fee therefor shall not be prorated
from the date of issuance. Applications for renewal thereof shall
be submitted, together with the required fee, prior to November 15
of each year. Late fees shall become effective after January 5. Seasonal
vendors must secure their licenses at least seven calendar days prior
to opening. Mobile retail food trucks shall be subject to inspection
prior to operation.
[Ord. No. HO2014-02]
Licenses issued pursuant to this Article shall not be transferable
nor shall they be construed as authorizing the licensee or licensees
to carry on the business at any place other than that specified in
the license itself.
[Ord. No. HO2014-02]
Licenses issued pursuant to this Article may be revoked by the
Board of Health for any good or sufficient reason, provided that due
notice thereof shall be given to the licensee, and a hearing held
before the Board of Health, at which time an opportunity shall be
afforded the licensee to show cause why the license should not be
revoked.
[Ord. No. HO2014-02; Ord. No. HO 2016-02 § 7]
Unless another specific penalty is provided by law, any person, firm or corporation who is found to be in violation of the provisions of this Article shall be subject to a minimum fine of $50 up to a fine not to exceed the maximum penalty stated in subsection 26-2.9 of the Borough Code, entitled Board of Health Violations and Penalties, per each offense or incident together with the costs of prosecution plus any reasonable additional charges incurred by the Borough. A separate offense or incident shall be deemed committed on each day during which a violation occurs or continues.[1]
[1]
Editor's Note: Penalties shall comply with N.J.S.A. 26:3-70
and N.J.S.A. 26:1A-10.
