[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. 3/6/66, § 802-806]
a. 
Required. No person shall distribute, sell, offer for sale, or have in his/her possession, with intent to distribute, sell or offer for sale, within the borough, any milk, cream, ice cream, ice cream mix, dry mix, or frozen custard unless that person shall have first obtained a license from the board, covering each premises or place or vehicle from which the same is distributed, sold or offered for sale, and a license covering each vehicle from which the same is sold, or offered for sale, or intended to be sold, or offered for sale.
b. 
Separate License for Place of Business. A separate license is required and must be obtained for each place of business used for any of the purposes set forth in this section and for each vehicle used for any of the purposes.
c. 
Refuse to Issue; Suspension; Revocation.
1. 
The board may refuse, at any time, to issue a license, or revoke any license issued to any person who: is operating in violation of the relevant New Jersey statute, or the regulations or ordinances adopted, pursuant thereto, provided that the board finds, in addition, that the suspension of the license in question is necessary to the protection of the public health. In such case, the board shall, upon request of the person whose license has been suspended, (or whose license has been refused) shall proceed to a hearing to ascertain the facts.
2. 
The board may terminate the suspension or revocation of a license upon proof satisfactory to the board, that the violation, under which the license was suspended, refused, or revoked, has been corrected.
d. 
Display of License. Every license, tag or tags, and every other evidence issued by the board as proof of the granting of a license together with the number of the license, shall be prominently displayed in the premises, licensed, and on each vehicle, licensed.
[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.