[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.
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; 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]
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. 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.