[Ord. 3/6/66, §§ 601
— 603]
a. 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 69.6. A copy of the code is annexed hereto and made a part hereof
without the inclusion of the text herein.
b. The code established and adopted by this subsection is commonly known
as the "Retail Food Establishment Code of New Jersey (1965)."
c. Three copies of the "Retail Food Establishment Code of New Jersey
(1965)" have been placed on file in the office of the borough clerk
and the secretary of the local board of health upon the introduction
of this subsection and will remain on file there until final action
is taken on this subsection for the use and examination of the public.
[Ord. 3/6/66, §§ 605,
606]
a. Required. It shall be unlawful for any person to conduct a retail
food establishment as defined in and governed by the Retail Food Establishment
Code of New Jersey (1965) without first having procured a license
from the local board of health to do so or without complying with
any or all of the provisions concerning operation and maintenance
of the same as contained in the Retail Food Establishment Code of
New Jersey (1965).
b. Revocation; Suspension. Any license issued under the terms and provisions
of this section may be suspended or revoked by the board of health
for the violation by the licensee of any provision of this subsection
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 the 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 ordinance of this municipality, 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.
c. Hearing. A license issued under the terms and provisions of this
subsection shall not be revoked, cancelled or suspended until a hearing
has been had by the board of health. Written notice of the time and
place of the hearing shall be served upon the licensee at least three
days prior to the date set for the hearing. The notice shall also
contain a brief statement of the grounds to be relied upon for revoking,
cancelling or suspending the license. Notice may be given either by
personal delivery to the person to be notified or be deposited in
the United States Post Office in a sealed envelope, postage prepaid,
addressed to the 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 board concludes
that the charges have been sustained and substantiated, it may revoke,
cancel or suspend the license held by the licensee.
d. Approval Required. If any license shall have been revoked, neither
the holder nor any persons acting for him, directly or indirectly,
shall be entitled to another license to carry on the same business
within the borough unless the application for such license shall be
approved by the board of health.
[Ord. 10/15/79, §§ 1
— 5; Ord. No. BH2016-01]
a. Definition.
FOOD ESTABLISHMENTS
For the purpose of this subsection, shall exclude any restaurant,
hotel, cafeteria or spa and shall include but not be limited to any
bakery, confectionery, dairy, grocery, meat market, fish market, delicatessen
or other place used in the product preparation or handling of food
intended for sale or distribution.
RESTAURANTS
Shall be defined as any eating place where food or beverage
is sold for on premises consumption.
b. License Required. No person shall operate in the borough, any food
establishment without having first obtained from the board of health
a license to do so covering the premises in which the food establishment
is operated or intends to be so operated.
c. Fee. The license fee for each food establishment shall be as stated in subsection
BH2-4.1. Each license shall expire December 31 of the year for which it is issued. The license fee shall be paid at the time the application is made for a license.
d. Revocation. Any license may be revoked if the license holder is found
to have created, permitted or maintained on the premises a condition
which endangers the health or public safety. Revocation shall be upon
notice to the license holder and after hearing by the board of health.
e. Posting of License. Every license issued shall be posted conspicuously
in that part of each food establishment as is frequented by the public.
[Ord. 3/6/66, §§ 1101
— 1104, 1107]
a. Reference to Code. The provisions of the Retail Food Establishment Code of New Jersey — 1965, as adopted by reference in subsection
BH3-1.1 is hereby referred to, with respect to restaurants.
b. License Required. No person shall operate, in the borough, any restaurant
without having first obtained from the board a license to do so, covering
the premises in which every restaurant is operated or intended to
be operated.
c. Posting of License. Every license issued shall be posted conspicuously
in that part of the restaurant as is frequented by the public.
d. Access. The person operating the restaurant shall, upon request of
the health officer, sanitary inspector, or officer of the board, permit
access to all parts of the establishment.
e. Nonapplicability. The provisions of this subsection shall not apply
to a restaurant operated for a temporary period, not exceeding seven
days, in connection with a public exhibition, charitable or club function,
or other group or organization affair; provided, however, that the
operator of the public exhibition, charitable or club function, or
other group or organization affair shall first have secured, from
the board, written permission to operate the same without a license.
[Ord. 3/6/66, §§ 2701
— 2703; Ord. 10/15/79, §§ 1
— 3]
a. A code regulating the use, operation and maintenance of food and
beverage vending machines and licenses thereof; prohibiting the sale
or possession with intent to sell through vending machines of adulterated
or misbranded foods or drinks; authorizing inspection of vending machines
and operations connected therewith; and providing for the enforcement
of this section and the fixing of penalties for violations is established
pursuant to N.J.S.A. 26:3-69.1 to 69.6. A copy of the code is annexed
thereto and made a part thereof without the inclusion of the text
herein.
b. The code established and adopted by this subsection is described
and commonly known as the "Food and Beverage Vending Machines Code
of New Jersey (1961)."
c. Three copies of the "Food and Beverage Vending Machines Code of New
Jersey (1961)" have been placed on file in the office of the secretary
of the board of health upon the introduction of this subsection and
will remain on file there until final action is taken on this subsection
for the uses and examination of the public.
[Ord. 10/15/79, §§ 4
— 6; Ord. No. BH2016-01]
a. Required. It shall be unlawful for any person, whether as principal
or agent, clerk or employee, either for himself or any other person,
or for any body corporate, or as an officer of any corporation, or
otherwise to:
1. Engage in the operation of one or more machines or devices offered
for public use which, upon insertion of a coin, or token, or by other
means dispenses unit servings of food or beverages, either in bulk
or package, without the necessity of replenishing the devices between
each vending operation, without first having applied to and procured
a license from the board of health to do so or without complying with
any and all of the provisions of the Food and Beverage Vending Machine
Code of New Jersey (1961).
2. Maintain or permit to be maintained on or in any location in the
borough, one or more machines or devices offered for public use which,
upon insertion of a coin or token or by other means dispenses unit
servings of food or beverages, either in bulk or package, without
the necessity of replenishing the devices between each vending operation,
without first having applied for each machine or device from the board
of health or without complying with any and all of the provisions
of the Food and Beverage Vending Machine Code of New Jersey (1961).
3. Maintain or permit to be maintained on or in any location in the
borough, any vending machine which offers for sale to patrons a combination
of food and cigarettes or a combination of beverages and cigarettes.
b. Fee.
1. The license fee for vending machines or devices dispensing one variety of loose candies, gum or nuts shall be as stated in subsection
BH2-4.1 per machine.
2. The license fee for each automatic vending machine dispensing prepackaged soda, candies, chips and nuts shall be as stated in subsection
BH2-4.1 per machine.
3. The license fee for all other automatic coin vending machines or devices shall be as stated in subsection
BH2-4.1 per machine.
4. The license fee shall be paid at the time the application is made
for a license.
c. Revocation. Each license shall expire on December 31 of the year
for which it is issued.
d. Suspension; Revocation; Reinstatement. Licenses issued under authority
of this section may be suspended, revoked, or reinstated by the board
of health pursuant to the provisions of the Food and Beverage Vending
Code of New Jersey (1961).
[Ord. 10/15/79, § 7; Ord. BH9201]
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.
[Ord. 10/15/79, §§ 1
— 4]
a. Required. No person shall operate in the borough, any store or business
which, in addition to its usual business, sells sweets, prepackaged
cakes, candies, gum, soda, chips and nuts, etc. without having first
obtained, from the board of health, a license to do so covering the
premises in which the items are sold to the public.
b. Fee; Expiration. The license fee for each store or business selling
any of the items such as sweets, pre-packaged cakes, candies, gum,
soda, chips and nuts, etc. shall be $50 per year. Each license shall
expire December 31 of the year for which it is issued. The license
fee shall be paid at the time the application is made for a license,
but no later than January 31 of each year.
c. Revocation. Any license may be revoked if the license holder is found
to have created, permitted or maintained on the premises a condition
which endangers the health or public safety. Revocation shall be upon
notice to the license holder and after hearing by the board of health.
d. Posting of License. Every license issued shall be posted conspicuously
in that part of each store or business as is frequented by the public.
[Ord. 3/6/66, § 702]
Any person desiring to sell, distribute or store frozen foods
in the borough shall first obtain a license from the board.
[Ord. 3/6/66, § 701]
All labeling shall conform to the provisions of N.J.S.A. Title 24, Chapter
5, Article 3 and as the same may hereafter be amended or supplemented.
[Ord. 3/6/66, § 801]
Reference is made to Title 24, Chapter
10, entitled, "Dairy Products," in N.J.S.A. which chapter and article are incorporated by reference and shall be in force in the borough.
[Ord. BH-8302, §§ 3107,
3110; Ord. BH-9602]
Upon 90 days from the inspection or opening of any food establishment
subject to this section, no retail food establishment shall operate
without the supervisor(s) employed in that establishment possessing
a valid food handler's certificate. This section shall not apply
to those retail food establishments selling only non-potentially hazardous
foods which are pre-packaged, pre-wrapped or in an approved bulk serving
container.
[Ord. BH-9602]
The food handler's certificate shall expire five years
after the date of the successful completion of an approved food handler's
course, unless required to be updated or repeated sooner by the health
officer or his/her designee, by reason of improper food handling practices
being employed.
[Ord. BH-8203, § 3108; Ord. BH-9602]
No establishment shall operate for more than 90 days without
the supervisor(s) employed in that establishment completing a course
of general instruction in bacteria characteristics and growth, spread
of food borne diseases, methods of preventing food poisoning, proper
food handling techniques, equipment and establishment sanitation,
dishwashing and sanitization and insect and rodent control.
[Ord. BH-8203, § 3109]
No person to whom a food handler's certification is issued
or granted shall give loan, transfer or permit the same to be used
by another person for any purpose whatsoever.
[Ord. BH-8203, § 3111]
A food handler's certificate may be granted to a supervisor(s)
taking a comparable course of instruction in another municipality
approved by the Englewood Cliffs Board of Health.
[Ord. BH-9602]
POTENTIALLY HAZARDOUS FOOD
Shall mean any food which consists in whole or in part of
milk products, eggs, meat, poultry, fish, shellfish, edible crustacea,
raw seed sprouts, heat treated vegetables and vegetable products,
or other ingredients, including synthetic ingredients, in a form capable
of supporting rapid and progressive growth of infectious or toxigenic
microorganisms, or the slower growth of C. Botulinum. The term does
not include foods which have a pH level of 4.6 or below or a water
activity (aw) value of 0.85 or less.