[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.[1] 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.
[Added 2-18-2020 by Ord. No. BOH 2020-1]
As used in this chapter, the following terms shall have the
meanings indicated:
Permit issued by the Secaucus Health Department for temporary
events with more than 10 vendors that requires one copy of said health
license with an attached list of prescreened/approved vendors and/or
participants.
Any raw or cooked product, solid or liquid, that is edible
by a person or animal. Includes, but is not limited to, items that
are packaged or prepackaged.
Any individual or group of individuals responsible for coordination,
organization, planning, and/or decisionmaking that affects the temporary
event or show including, but not limited to, show managers, show directors,
and event organizers.
[Added 2-14-2023 by Ord.
No. 2023-2]
Any temporary event that will have 10 or more vendors participating
that will be providing, selling or giving samples of consumables,
or requiring a type of Health Department approval including, but not
limited to, tattoo vendors, salon vendors and vending machine vendors.
[Added 2-14-2023 by Ord.
No. 2023-2]
An event lasting seven days or less, including an extensive
event, that will be providing, selling or giving samples of consumables,
or requiring a type of Health Department approval including, but not
limited to, tattoo vendors, salon vendors and vending machine vendors.
[Added 2-14-2023 by Ord.
No. 2023-2]
Any individual or group of individuals selling, sampling,
or distributing consumables to the public, which includes, but is
not limited to, retail food establishments, retail food distributors,
manufacturers, mobile trucks, mobile carts, push carts, individuals
or groups purchasing consumables for distribution, sample, or resale
to 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.
A.
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]
B.
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]
C.
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]
[Added 2-18-2020 by Ord. No. BOH 2020-1; amended 2-14-2023 by Ord. No. 2023-2]
A.
Application. Any individual vendor participating in a temporary event
or an event coordinator participating in a temporary extensive event
that provides, samples, or sells consumables to the general public
or requiring a type of Health Department approval must complete a
temporary event application provided by the Health Department and
its affiliates.
B.
Application deadline.
(1)
Any individual vendor participating in a temporary event must submit
their temporary event application and requisite fee no later than
two weeks prior to the date of the event. Failure to comply will result
in a late fee and/or denial by the Health Department and the vendor
will not be permitted to participate in said event.
(2)
For a temporary extensive event, the event coordinator must submit
the temporary event application, all vendor paperwork and the requisite
fee no later than two weeks prior to the date of the event. Failure
to comply will result in a late fee and/or denial by the Health Department
and the vendors will not be permitted to participate in said event.
C.
Additional requirements.
(1)
Any temporary event vendor or event coordinator on behalf of the
vendor may be required to submit applicable documentation along with
the temporary event application. Documentation requested may include,
but is not limited to, vendor's state license or certificate, Town-issued
entity license, or additional information deemed necessary by the
Secaucus Health Department.
(2)
Any mobile food vendor participating in a temporary event must also
submit a permission letter from the property owner and/or company,
on company letterhead, that the mobile vendor wishes to vend to the
Secaucus Health Department.
D.
Permits issued.
(1)
An individual vendor participating in a temporary event will directly
receive their permit from the Health Department.
(2)
For a temporary extensive event, a blanket permit consisting of one
permit provided to the event coordinator with an attached list of
vendors prescreened and approved by the Health Department will be
issued in lieu of individual vendor permits.
E.
Compliance requirements.
(1)
Vendor and event coordinators are responsible for ensuring ongoing
compliance with N.J.A.C. 8:24 and all requirements under this chapter.
(2)
The event coordinator shall be responsible for all contact with the
Health Department on behalf of the temporary extensive event.
(3)
Town-of-Secaucus sponsored events will be exempt from fee requirements
but are required to abide by all other requirements set forth in this
chapter.
F.
Revocation. Regardless of prior approval, the Health Department,
the Board of Health and/or its affiliates may revoke, decline, or
follow up with the applicant or event coordinator at any given time,
including prior to and during the time of the temporary event.
G.
Violations and penalties. Any violations witnessed under local code
or N.J.A.C. 8:24 before, during, or after the temporary event will
result in the vendor and/or event coordinator's revocation of the
temporary health license, shutdown of operations, requirement to leave
the event venue/premises, and/or issuance fines or summons to appear
in court by the Health Department's or Board of Health's affiliates
and representatives.
[Amended 4-17-89]
A.
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.
B.
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 12-17-1979; 1-17-1983; 9-19-1983; 6-15-1987; 6-19-1989;
3-22-1993; 8-24-2010 by Ord. No.
2010-35; 2-14-2023 by Ord. No. 2023-2; 8-22-2023 by Ord. No. 2023-19; 10-11-2023 by Ord. No. 2023-24]
A.
The annual fees for licensure of retail food establishments are hereby
fixed as follows:
(1)
Establishments with seating.
|
Group 1: 0 to 50 seats
|
$200
|
|
Group 2: 51 to 100 seats
|
$300
|
|
Group 3: 102 to 200 seats
|
$500
|
|
Group 4: 201 seats or more
|
$600
|
(2)
Supermarkets.
|
Up to 5,000 square feet
|
$1,000
|
|
Over 5,000 square feet
|
$2,000
|
(3)
Establishments without seating.
|
Vending machine
|
$25 per machine
|
|
Bakery/deli
|
$200
|
|
Mobile retail food (food truck)
|
$150
|
|
Frozen mobile retail food (ice cream truck)
|
$75
|
|
Nonprofit organization
|
$60
|
|
Farmer's market (outdoor)
|
$85
|
|
Other
|
$100
|
B.
Temporary event fees.
(1)
Individual vendors (up to nine vendors at one event): $25 per vendor.
(2)
Flat fees for temporary extensive events:
|
Event with 10 to 25 vendors
|
$300
|
|
Event with 26 to 50 vendors
|
$600
|
|
Event with 51 to 100 vendors
|
$950
|
|
Event with 101 to 150 vendors
|
$1,000
|
|
Event with 151 to 200 vendors
|
$2,000
|
|
Event with 201 to 400 vendors
|
$3,000
|
(3)
Temporary event late fees: Any vendor or event coordinator, in the
case of an extensive event, who applies for a temporary event permit
after the two-week deadline shall pay a late fee of $25 per vendor
in addition to any regular fees to the Board of Health. Acceptance
of the late application is at the sole discretion of the Board of
Health.
(4)
Town-of-Secaucus-sponsored events will be exempt from fee requirements.
[Amended 4-18-94]
A.
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.
B.
Any retail food establishment which, upon inspection is rated "conditionally
satisfactory" or "unsatisfactory" shall be subject to a reinspection
fee of $200. One follow-up inspection after the initial application
inspection may be done for a minor violation or correction without
a fee at the sole discretion of the Board of Health Inspector. Subsequent
reinspection(s) deemed necessary by the Health Inspector shall be
at a fee of $200 per inspection. Failure to pay said fee prior to
the reinspection date established by the Department constitutes a
violation of this chapter.
[Amended 4-16-2018 by Ord. No. BOH 2018-1; 6-28-2022 by Ord. No. 2022-14]
[Amended 2-22-83]
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.
[Amended 6-28-2022 by Ord. No. 2022-14]
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 $50 and not more than $1,000.
[Added 6-15-87]
This chapter shall take effect upon final adoption and publication
as required by law.
