[HISTORY: Adopted by the Board of Health of the Town of Secaucus 2-19-74. Section 143-13 amended at time of adoption of Code; see Ch. 137, General Provisions, Board of Health, Article I. Amendments noted where applicable.]
A code regulating retail food establishments in the Town of Secaucus is hereby established and adopted, pursuant to New Jersey Revised Statutes 26:3-69.1 et seq. A copy of said code, commonly known as Chapter 12 of the State Sanitary Code, is annexed hereto and made a part hereof without the inclusion of the text herein. Three copies of said code have been placed on file in the office of the Board of Health for use and examination by the public.
Retail food establishments in violation of this chapter or Chapter 12 of the State Sanitary Code are hereby declared to be a nuisance hazardous to health.
It shall be unlawful for any person, association of persons or any body corporate to conduct a retail food establishment, as defined in and governed by Chapter 12, in the Town of Secaucus without first having procured a license from the local Board of Health, or to operate a retail food establishment without complying with any or all of the provisions contained in this chapter and Chapter 12.
Approval required. No retail food establishment may operate without prior approval of a license application by the Board of Health.
[Added 9-17-12 by BOH 2012-2]
Attendance at Board of Health meeting required. First time approval can only be granted by the Board of Health. Said approval will only be granted upon attendance at a Board of Health monthly meeting. However, temporary approval prior to attendance at the meeting may be granted by the Health Officer at his/her discretion. The applicant may operate its business with temporary approval.
[Added 9-17-12 by Ord. No. BOH 2012-2]
Temporary approval. This temporary approval will lapse and become void if the applicant fails to attend the monthly meeting following the granting of temporary approval. Operating without a license or temporary approval is a violation and will result in closure and such other penalties as promulgated by the Secaucus Town Clerk.
[Added 9-17-12 by Ord. No. BOH 2012-2]
Every applicant for a license pursuant to this chapter shall be at least 18 years of age and shall make application on forms to be furnished by the Board of Health.
Every applicant for a license pursuant to this chapter whose establishment is extensively remodeled or of new construction shall submit, along with a set of blueprints, a one time fee of $50 to recoup administrative costs associated with said plan review.
[Amended 6-15-87; 6-16-14 by Ord. No. BOH 2014-2]
Every license so issued by the Board of Health shall be for the calendar year, or any part thereof, in which the same is issued. Applications for the renewal thereof shall be made before January 31 of the succeeding calendar year. Failure to renew any retail license by its expiration date shall result in the following fines to be paid within 10 days of said violation.
Every license issued pursuant to this chapter shall at all times be placed in a conspicuous place on the premises designated and be framed or otherwise protected against dust or dirt, and shall at all times be subject to the inspection of any officer or inspector of the Board of Health.
[Amended 12-17-79; 1-17-83; 9-19-83; 6-15-87; 3-22-93]
The annual fees for licensure of retail food establishments are hereby fixed as follows:
Retail food establishments engaged in the preparation and/or sale of food and food products for the purpose of consumption on or off the premises, including but not limited to food stands, markets, grocery stores, confectionery stores and supermarkets; restaurants, luncheonettes, delicatessens, taverns, grills, coffee shops and cafeterias.
Retail food establishments engaged in the sale of food or food products not requiring preparation, including, but not limited to candy stores and dealers in raw agricultural products having a square footage of 1,500 square feet or less: $50.
Retail food establishments engaged in the preparation and/or sale of food and which operate from a nonpermanent location: $300.
Vendors of raw agricultural products from a nonpermanent location: $100.
Mobile ice cream trucks: $150.
Temporary events including but not limited to carnivals, street fairs, stands, etc.: $25 for a maximum of seven days per event.
The Board of Health, through its proper representatives, shall inspect, as often as deemed necessary, every retail food establishment in the Town of Secaucus. The person operating a retail food establishment shall permit the Board of Health Inspector reasonable access to all parts of such establishment necessary for the purpose of conducting such inspection.
Any retail food establishment which, upon initial inspection is rated "conditionally satisfactory" or "unsatisfactory" shall pay a reinspection fee of $40. Failure to pay said fee prior to the reinspection date established by the Department constitutes a violation of this chapter.
The owner or operator of every retail food establishment in the Town of Secaucus shall, after each inspection conducted by a Board of Health Inspector, be given a report of such inspection, on forms approved by the New Jersey Department of Health, which shall be posted by the owner or operator in a conspicuous place near the public entrance of the establishment in such manner that the public may review the report. When it shall be found, in an inspection pursuant to § 143-8, that conditions exist which violate this chapter or Chapter 12, the Inspector shall provide the owner or operator of such establishment with a written statement of the violations found and to be corrected, and a date on which a reinspection of the establishment shall be made.
The owner, operator or responsible employee of any establishment which receives two successive conditionally satisfactory ratings or an unsatisfactory rating shall successfully complete the Food Service Managers Certification Pro-gram or an equivalent acceptable to the New Jersey State Department of Health. The aforementioned shall be completed in a time period specified by the local Board of Health.
Notwithstanding any other provision contained herein, the local Board of Health may issue, pursuant to New Jersey Revised Statutes 24:15-11, to any establishment found to be in violation of this chapter or Chapter 12, an order to abate the violation within a reasonable time to be fixed in the order. The order shall be in writing, and the person receiving it shall have the right to be heard either in person or by his attorney by the Board of Health.
Any license issued pursuant to this chapter may be suspended or revoked by the Board of Health for any willful and persistent violation by the licensee of any provision of this chapter or Chapter 12 of the State Sanitary Code whenever such establishment is conducted in violation of any law of the United States, the State of New Jersey, or any ordinance of this town; whenever the purpose for which the license has been issued is being abused to the detriment of the public health or welfare; or whenever the establishment is being used for a purpose foreign to that for which the license was issued; provided, however, that a license shall not be suspended or revoked until a hearing thereon shall be had by the Board of Health. Written notice of the hearing shall be served on the licensee at least five days prior to the date set for such hearing, which notice shall contain a statement of the charges upon which the Board of Health relies. The aggrieved party shall have the right at any such hearing to be represented by an attorney, answer questions and respond to charges, and present testimony and other evidence. After due consideration and deliberation of the evidence presented, the Board of Health may dismiss the complaint or, if the Board concludes that the evidence clearly and convincingly substantiates the charges, suspend or revoke the license held by the aggrieved party. If any such license shall have been revoked, neither the licensee thereof nor any person acting for him, either directly or indirectly, shall be granted a retail food establishment license in the town unless the application for such license shall be approved by the Board of Health.
No provision of this chapter shall be applied so as to impose any unlawful burden on either interstate commerce or any activity of the state or federal government.
Notwithstanding any other provision of this chapter establishing penalties for violation thereof, each violation of any provision of this chapter or Chapter 12 of the State Sanitary Code shall constitute a separate offense and shall be punishable by a penalty of not less than $5 and not more than $500.
This chapter shall take effect upon final adoption and publication as required by law.