[Editor's Note: Prior ordinances previously codified herein include BH Ord. Nos. 8/9/88, 4/10/90, 5-91 and 95-2.]
[BH Ord. 6/10/97; BH Ord. 8/1/00]
The Board of Health adopts by reference Chapter 12 of the New Jersey State Sanitary Code regarding Sanitation in Retail Food Establishments and Food and Beverage Vending Machines. It is further ordained that the procedure for certifying, licensing and enforcing shall be as follows:
[BH Ord. 8/1/00]
FOOD
Shall mean any raw, cooked, processed edible substances, water, ice, beverage or ingredient used or intended for use or sale in whole or in part for human consumption.
FOOD HANDLER'S CERTIFICATE
Shall mean a certificate issued after successfully completing an approved food handler's course.
POTENTIALLY HAZARDOUS FOOD
Shall mean any food which consists in whole or in part of milk or milk products, eggs, meat, poultry, fish, shellfish, edible crustacea, raw seed sprouts, heat treated vegetables and vegetable products or other ingredients, in a form capable of supporting rapid and progressive growth of infectious or toxigenic microorganisms, or slower growth of C botuinum. The term does not include foods that have a pH level of 4.6 or less or a water activity (aw) value of .085 or less.
RETAIL FOOD ESTABLISHMENT
Shall mean any fixed or mobile restaurant, coffee shop, cafeteria, short-order cafe, luncheonette, grill, tea room, sandwich shop, soda fountain, tavern, bar, cocktail lounge, nightclub, bed and breakfast, roadside stand, industrial feeding establishment, private, public or nonprofit organization or institution serving food, catering kitchen, commissary, box-lunch establishment, retail bakery, meat market, delicatessen, grocery store, public food market or similar place in which food or drink is prepared for retail sale or for service on the premises or elsewhere and any other retail eating or drinking establishment or operation where food is served, handled or provided for the public with or without charge.
RETAIL FOOD LICENSE
Shall mean a license issued by the Township of Frankford after presenting a valid food handler's certificate.
SUPERVISOR
Shall mean any person (not less than 18 years of age) charged with the responsibility of overseeing the operations, including the supervision of employees engaged in the preparing, processing and sale of food or drink intended for human consumption, be it immediate on or off-premises consumption.
[BH Ord. 8/1/00]
a. 
No retail food establishment shall operate without a person employed in or as a member of that establishment possessing a food handler's certificate. This section shall not apply to those retail food establishments selling only foods which are prepackaged or prewrapped at the manufacturer. The certified food handler is not required to be on premises.
b. 
The food handler's certification will expire three years after the date of completing the food handler's certification course.
[BH Ord. 8/1/00; BH Ord. 2008-02]
a. 
No retail food establishment shall operate without first obtaining the required retail food license from the Frankford Township Board of Health, and having a certified food handler on staff as required by this chapter. Any retail food establishment operator that operates more than one retail food establishment on any tax lot shall obtain a retail food license for each retail food establishment operated on that tax lot.
b. 
The retail food license will expire on the 31st of December of each calendar year after being issued, and must have application of renewal one month prior to expiration to insure that the renewal of said license will meet all the requirements.
[BH Ord. 8/1/00; BH Ord. 2008-02]
The food handler's certification fee for the class, class materials, instructor, and facilities shall be $50 per person in attendance.
[BH Ord. 6/10/97; BH Ord. 8/1/00; BH Ord. 6/11/02; BH Ord. 2008-02]
a. 
Total floor area of 300 square feet or less: $200.
b. 
Total floor area greater than 300 square feet: $300.
c. 
The fee described in a and b above is for one retail food establishment for each tax lot. If a retail food establishment operator proposes to operate more than one retail food establishment on a tax lot, the operator will be charged an additional fee of $75 for each additional retail food establishment on that tax lot.
Having the retail food license shall not abate the retail food establishment from the separate fees and inspections to ensure compliance for each and every unit location.
d. 
Seasonal agricultural markets:
1. 
All foodstuffs are grown by the applicant: No fee.
2. 
Foodstuffs are grown or produced on property other than his own: $75.
e. 
Temporary Retail Food License. A retail food establishment operator may obtain a one-day temporary retail food license at the cost of $100. This temporary retail food license will expire at midnight on the day of the event conducted by the retail food license operator for which the temporary retail food license was issued. Upon request, the $100 cost of a temporary retail food license may be subsequently credited toward the fees associated with the application for a retail food license (BH7-6, a or b.)
[BH Ord. 8/1/00]
No person to whom a food handler's certificate and a food handler's license is issued or granted shall give, loan, transfer or permit the same to be used by any other person, for any purpose whatsoever.
[BH Ord. 8/1/00]
a. 
No retail food establishment shall be open or in operation for business without having a certified food handler on staff or as a member of that organization.
b. 
The responsibilities of the certified food handler shall include but not be limited to the following:
1. 
Seeing that organized training activities are conducted for all employees and that prior to handling any food, said employees are given instruction on the above including but not limited to the recognition and handling of potentially hazardous foods.
2. 
Posting of all food handling and related food safety materials.
c. 
There shall be a supervisor on premises at all times of operation.
[BH Ord. 8/1/00]
The food handler's certificate and retail food license shall be prominently posted at all times in the retail food establishment. The establishment shall exhibit the food handler's certificate and the retail food license when requested by an official or authorized agent of the Frankford Township Board of Health.
[BH Ord. 8/1/00]
A food handler's certificate may be granted to a person that has completed a course of instruction approved by the Frankford Township Board of Health.
[BH Ord. No. 8/1/00; BH Ord. 2008-02]
A fee of $50 shall be charged for a food handler's certification or a retail food license that is issued to a church, school, eleemosynary or nonprofit organization, society or group provided, however, that this fee shall not apply to a commercial caterer serving food at a function of any such organization. An applicant may be required in the discretion of the Board's Secretary, to produce a tax exemption certificate or other proof of nonprofit status. At the discretion of the Board of Health, the fee may be waived.
[BH Ord. No. 8/1/00]
a. 
Any official or authorized agent of the Frankford Township Board of Health may request any retail food establishment to produce the required food handler's certificate and retail food license for inspection.
b. 
If a retail food establishment is found to be operating in violation, the enforcement arm of the Frankford Township Board of Health shall be notified for mandating compliance and/or citing and/or abating operation of the establishment.
c. 
There shall not be any impedance of any official, or authorized agent, of the Frankford Township Board of Health from inspecting for compliance the rules and regulations set forth within by means of membership, admission, association, or any other restrictions that would hinder or restrict access to the retail food establishment.
[BH Ord. 8/1/00]
The following procedure shall be established for the assessment of fees for reinspection, revocation of license and hearings. The license issued pursuant to this chapter may be revoked by the Frankford Township Board of Health for any violation of the provisions of this chapter or the New Jersey State Sanitary Code.
a. 
Unless the Frankford Township Board of Health or its duly authorized agent charged with the enforcement of the Code determines that the protection of the public health requires an immediate revocation of license, no license shall be revoked prior to a hearing thereon before and by the Frankford Township Board of Health. Notice of the hearing for revocation of a license shall be in writing, and shall set forth specifically the grounds for said complaint, the time and place of the hearing and shall be sent by registered or certified mail to the license holder at their last known address at least five days prior to the date set for the hearing.
b. 
Any person aggrieved by denial of the application for a license or by a summary of revocation of a license shall have a right to appeal to the Frankford Township Board of Health. Such appeal shall be made by a written notice not later than 15 days after notice of the actual complaint has been provided to the applicant or appellant. The Frankford Township Board of Health shall set a time and place for a hearing on said appeal, which time shall not be later than 15 days from the receipt of notice of appeal, except that in a case of a summary revocation of a license, the hearing shall be held within five days from receipt of notice of appeal.
c. 
At any hearing of the Frankford Township Board of Health held pursuant to this section, the licensee or appellant may be represented by counsel and may present evidence, including testimony of witnesses on their behalf. The decision of the Frankford Township Board of Health shall be rendered within 10 days after the hearing.
d. 
Any license holder who has been issued two successive conditional approvals or unsatisfactory or any combination thereof by the inspecting agent(s) for the Frankford Township Board of Health shall be required to appear before the Frankford Township Board of Health at its next available meeting for a hearing in the form outlined above. In the event that the Frankford Township Board of Health does not revoke the license following the hearing, the licensee shall pay a $75 fee for reinspection of the establishment.
[BH Ord. 8/1/00; Ord. No. BH 2008-02; Ord. No. BH 2009-02]
a. 
Any person who violates any section of this chapter shall, upon conviction, be fined not less than $5 or more than $500 for each separate violation.
1. 
Each day a particular violation continues shall constitute a separate and distinct violation of this chapter.
2. 
A court, upon convicting a person(s) of a continuing violation(s), shall impose a separate fine for each day, and may not order that each fine be made concurrent with any other fine(s) or violation(s).
b. 
The court may cause a defendant, who refuses or neglects to pay the amount of a judgment rendered against him, all costs and charges incident thereto, to be committed to the County jail for a period not exceeding 90 days.