[1968 Code § 71-1]
A code regulating retail food establishments and fixing penalties
for violations is hereby established pursuant to N.J.S.A. 26:3-69.1
to 3-69.6. A copy of the code is annexed hereto and made a part hereof
without the inclusion of the text thereof herein.
[1968 Code § 71-2]
The code established and adopted by this section is commonly
known as the "Retail Food Establishment Code of New Jersey (1965)."
[1968 Code § 71-3]
Three copies of the Retail Food Establishment Code of New Jersey
(1965) have been placed on file in the office of the Secretary of
the Borough Board of Health upon the introduction of this section
and will remain on file there until final action is taken on this
section, for the use and examination of the public.
[1968 Code § 71-4]
[1968 Code § 71-8; amended 1-28-2019 by Ord. No. 2019:05; 4-22-2019 by Ord. No. 2019:12]
a.
It shall be unlawful for any person or any body corporate to conduct a retail food establishment as defined in and governed by Chapter 24 (N.J.A.C. 8:24), "Sanitation in Retail Food Establishments and Food and Beverage Vending Machines" (January 2, 2007), established by ordinance of the Borough Board of Health, without first having procured a license from the Health Department to do so or without complying with any or all of the provisions concerning operation and maintenance of the same as contained in the aforementioned Chapter 24 (N.J.A.C. 8:24).
b.
Every establishment must post the most current evaluation placard
issued by the Health Department according to the following requirements:
[1968 Code § 71-9; Ord. No. H-80-1; New; Ord. No. 2000:14 (BH1-00); Ord. No. BH2-2.2]
The fees for licenses of retail food establishments are hereby
fixed as follows:
a.
Grocery stores, delicatessens, butcher shops, bakeries, fruit and
vegetable stores and take-out food places (without seating): $100.00
b.
Taverns (not serving food): $100.00
c.
Liquor stores: $80.00
d.
Supermarkets: $200.00
e.
Milk trucks, first truck per year: $50.00
Each additional truck per year: $10.00
f.
Nursing home: $150.00
g.
Premises containing more than two food or drink vending machines:
$40.00
h.
Wholesale foods: $75.00
i.
All other retail food establishments: $75.00
j.
Vending machines — soda, juice, etc. per machine per year:
$25.00
k.
Restaurants and catering places:
|
0 — 25 seating
|
$100.00
|
|
25 — 50 seating
|
$150.00
|
|
51 — 100 seating
|
$275.00
|
|
Over 100 seats
|
$325.00
|
l.
Premises where only bottled soda or packaged candies are sold: $60.00
m.
Mobile ice cream vendors: $40.00
|
Surcharge for food establishments who have more than one conditional
rating during any one calendar year: $75.00
|
|
***Late fee if license not paid by February 1st:
|
$40.00 for fee less than $100.00
|
|
$70.00 for fee more than $100.00.
|
[1968 Code § 71-10]
a.
Any license issued under the terms and provisions of this section
may be suspended or revoked by the Borough Board of Health for the
violation by the licensee of any provision of this section or the
Retail Food Establishment Code of New Jersey (1965), or whenever it
shall appear that the business, trade, calling, profession or occupation
of the person to whom such license was issued is conducted in a disorderly
or improper manner or in violation of any law of the United States,
the State of New Jersey or any Borough ordinance, or that the person
conducting the retail food establishment is of an unfit character
to conduct the same, or that the purpose for which the license has
been issued is being abused to the detriment of the public or is being
used for a purpose foreign to that for which the license was issued.
b.
A license issued under the terms and provisions of this section shall
not be revoked, cancelled or suspended until a hearing thereon shall
have been had by the Board of Health. Written notice of the time and
place of such hearing shall be served upon the licensee at least three
days prior to the date set for such hearing. Such notice shall also
contain a brief statement of the grounds to be relied upon for revoking,
canceling or suspending such license. Notice may be given either by
personal delivery thereof to the person to be notified or be deposited
in the United States Post Office in a sealed envelope, postage prepaid,
addressed to such person to be notified at the business address appearing
upon the license. At the hearing before the Board of Health, the person
aggrieved shall have an opportunity to answer and may thereafter be
heard, and upon due consideration and deliberation by the Board of
Health, the complaint may be dismissed, or if the governing body concludes
that the charges have been sustained and substantiated, it may revoke,
cancel or suspend the license held by the licensee.
c.
If any such license shall have been revoked, neither the holder thereof
nor any person acting for him, directly or indirectly, shall be entitled
to another license to carry on the same business within the city unless
the application for such license shall be approved by the Board of
Health.
[1968 Code § 71-11]
No provision of this section shall be applied so as to impose
any unlawful burden on either interstate commerce or any activity
of the State or Federal government.
[1968 Code § 71-12]
Any person who shall violate any of the provisions of this section shall, upon conviction, be liable to the penalty stated in Chapter BH1, Section BH1-5 and each violation of any of the provisions of this section, and each day the same is violated, shall be deemed and taken to be a separate and distinct offense.
[Added 6-27-2022 by Ord.
No. 2022:15]
To aid in the prevention of sanitary sewer blockages, backups
and obstructions from contributions and accumulation of fats, oils,
and greases into the sanitary sewer system from industrial or commercial
establishments, particularly food preparation and serving facilities.
[Added 6-27-2022 by Ord.
No. 2022:15]
As used in this section, the following terms shall have the
meanings indicated:
Organic polar compounds derived from animal and/or plant
sources that contain multiple carbon chain triglyceride molecules.
These substances are detectable and measurable using analytical test
procedures established in the United States Code of Federal Regulations,
40 CFR Part 136, as may be amended from time to time. All are sometimes
referred to herein as "grease" or "greases."
Those establishments primarily engaged in the activities
of preparing, serving, or otherwise making available for consumption
foodstuffs and that use one or more of the following preparation activities:
cooking by frying (all methods), baking (all methods), grilling, sauteing,
rotisserie cooking, broiling (all methods), boiling, blanching, roasting,
toasting, or poaching. Also included are infrared heating, searing,
barbecuing, and any other food preparation activity that produces
a hot, nondrinkable food product in or on a receptacle that requires
washing. These facilities include restaurants, cafeterias, hotels,
motels, hospitals, nursing homes, schools, grocery stores, prisons,
jails, churches, camps, caterers, manufacturing plants, or any other
sewer users who discharge applicable waste as determined by the Plumbing
Subcode Official, Construction Official, Borough representative or
Health Inspector.
A device for separating and retaining waterborne greases
and grease complexes prior to the wastewater exiting the trap and
entering the sanitary sewer collection and treatment system. These
devices also serve to collect sellable solids, generated by and from
food preparation activities, prior to the water exiting the trap and
entering the sanitary sewer collection and treatment system.
Any person who contributes, causes or permits the contribution
or discharge of wastewater into sewers within the Borough's boundaries,
including persons who contribute such wastewater from mobile sources,
such as those who discharge hauled wastewater.
[Added 6-27-2022 by Ord.
No. 2022:15]
a.
Any new construction, renovation or expansion of food service facilities
shall be required to submit to the Borough a FOG and food waste control
plan that will effectively control the discharge of undesirable materials
into the wastewater collection system.
b.
Any existing food service facilities shall also be required to submit
a FOG and food waste control plan that will effectively control the
discharge of undesirable materials into the wastewater collection
system. Each food service facility will have 90 days from the passage
of this section to provide the plan. Existing facilities shall not
be exempt from the requirements of this section. There will be no
"grandfathering."
c.
The control plan must be submitted, signed and sealed, from a licensed
architect if required by the Plumbing Subcode Official, Construction
Official, Borough representative or Health Inspector.
d.
Evaluation of current traps and cleaning frequency by rendering company
must be prepared and submitted to the Plumbing Subcode Official, Construction
Official, Borough representative or Health Inspector.
[Added 6-27-2022 by Ord.
No. 2022:15]
All existing, proposed, or newly remodeled food service facilities
within the Borough of New Milford shall be required to install, at
the user's expense, an approved, properly operated and maintained
grease trap or acceptable grease recovery system.
[Added 6-27-2022 by Ord.
No. 2022:15]
Access to grease traps shall be available during normal Borough
business hours to allow for their maintenance and inspection by the
Plumbing Subcode Official, Construction Official, Borough representative
or Health Inspector. Access to include the ability to open the trap,
if the Plumbing Subcode Official, Construction Official, Borough representative
or Health Inspector require access. Should an emergency situation
arise, the access must be provided to the Plumbing Subcode Official,
Construction Official, Borough representative or Health Inspector
at any time of day or night to address the emergent situation.
[Added 6-27-2022 by Ord.
No. 2022:15]
a.
Cleaning. The user, at the user's expense, shall maintain all
grease traps to assure proper operation and efficiency. Maintenance
of grease trap shall include the complete removal of all contents,
including floating materials, wastewater, bottle sludge and solids.
Decanting or discharging of removed waste back into the trap from
which it was removed, or any other grease trap, for the purpose of
reducing the volume to be disposed, is prohibited. Any needed repairs
shall be noted. Repairs shall be made at user's expense.
b.
Cleaning Frequency. The grease trap must be pumped out completely
a minimum of one to two months, or more frequently as determined by
the Plumbing Subcode Official, Construction Official, Borough representative
or Health Inspector as needed, to prevent carryover of grease into
the sanitary sewer system. This work shall be performed by a qualified
and licensed hauler.
c.
Disposal. The grease trap must be cleaned and maintained pursuant
to the control plan.
d.
Maintenance Log. A grease trap cleaning/maintenance log indicating
each cleaning for the previous 24 months shall be maintained by each
food service facility. This log shall include the date, time, amount
pumped, signature of person performing the service, and disposal method,
and shall be kept in a conspicuous location for inspection. Said log
shall be made available to the Plumbing Subcode Official, Construction
Official, Borough representative or Health Inspector upon request.
e.
Retention of Records. Each user shall retain all cleaning and maintenance
records for review by the Plumbing Subcode Official, Construction
Official, Borough representative or Health Inspector upon their request.
The maintenance records shall include the following information:
1.
Facility name, address, contact person, and telephone number.
2.
Company name, address, telephone number, and contact name of person
responsible for performing the maintenance, cleaning, pumping, or
repair of grease trap.
3.
Types of maintenance performed.
4.
Dates maintenance was performed.
5.
Date of next scheduled maintenance.
6.
Copies of manifests.
f.
Inspection. The Plumbing Subcode Official, Construction Official,
Borough representative or Health Inspector will perform periodic inspections
of these facilities and shall notify the user of any additional required
maintenance or repairs. Upon written notification by the Plumbing
Subcode Official, Construction Official, Borough representative or
Health Inspector, the user shall be required to perform the maintenance
and provide records of said maintenance within 14 calendar days. Upon
inspection by the Plumbing Subcode Official, Construction Official,
Borough representative or Health Inspector, the user may be required
to install, at his expense, additional controls to provide a complete
system which prevents discharges of undesirable materials in the wastewater
collection system.
[Added 6-27-2022 by Ord.
No. 2022:15]
a.
Recovery of Damages. When the discharge from a food service facility
causes an obstruction, damage, or any other impairment to the sewer
system, or causes any expense, fine, penalty, or damage of whatever
character or nature to the Borough, the Borough of New Milford shall
invoice the food service facility owner with notice to the property
owner for same incurred by the Borough. If the invoice is not paid,
the Plumbing Subcode Official, Construction Official, Borough representative
or Health Inspector shall notify the Borough Attorney to take such
actions as shall be appropriate to seek reimbursement.
b.
Penalty. Any person who violates this section is subject to the following
fines:
1.
First offense: up to $250/day until corrected, plus reimbursement
of costs and damages.
2.
Second offense: $500/day until corrected, plus reimbursement of costs
and damages.
3.
Third or greater offense: $1,000/day until corrected, plus reimbursement
of costs and damages, plus possible closure of discharge to Borough
sewers.
4.
Failure to draft the control plan shall result in a fine of $50/day
until corrected.
5.
Failure to maintain the maintenance log shall result in a fine of
$50/day until corrected.
6.
Violations of Subsection BH2-3.6, entitled "Grease Trap Maintenance," may result in the user hiring a qualified and licensed hauler to maintain the grease traps for one year from the time of the violation, based on the determination of the Plumbing Subcode Official, Construction Official, Borough representative or Health Inspector.
c.
In the event the owner of the food service facility, tenant, or person
in possession of the premises in question shall fail to pay any invoice
for recovery of damages incurred by the Borough of New Milford, or
any penalty assessed under this section within the time permitted
to do so when invoiced or assessed, the amount so charged or penalty
imposed shall by resolution of the Mayor and Council forthwith become
a lien upon such lands and shall be added to and become and form a
part of the taxes next to be assessed and levied upon such lands,
the same to bear interest at the same rate as taxes which shall be
collected and enforced by the same officer and in the same manner
as taxes. Costs shall be in addition to any penalties imposed for
any violation of this section.
[Added 6-27-2022 by Ord.
No. 2022:15]
The remedies provided for in this section are not mutually exclusive.
The Plumbing Subcode Official, Construction Official, Borough representative
or Health Inspector may take any, all, or any combination of these
actions against a noncompliant person food service facility owner.
[Added 6-27-2022 by Ord.
No. 2022:15]
If any section or provision of this section shall be held invalid
in any count, the same shall not affect the other sections or provisions
of this section except so far as the section or provision so declared
invalid and shall be inseparable from the remainder or any portion
thereof. All ordinances or parts of ordinances which are inconsistent
with this section are hereby repealed, but only to the extent of such
inconsistency.
