City of Lambertville, NJ
Hunterdon County
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[Ord. No. BH 13-2012 § BH3-1]
This chapter shall be known as the Sanitation in Retail Food Establishments and Food and Beverage Vending Machine Ordinance of the City of Lambertville.
[Ord. No. BH 13-2012 § BH3-2]
N.J.A.C. 8:24-1.1 et seq. is hereby adopted and shall be enforced in the City of Lambertville.
[Ord. No. BH 13-2012 § BH3-3]
All retail food and beverage establishments shall comply with N.J.A.C. 8:24-1 et seq. relating to the construction, operation and maintenance of retail food and beverage establishments and this chapter and all violations are hereby declared to be nuisances and/or hazardous to health.
[Ord. No. BH 13-2012 § BH3-4]
As used in this chapter:
NONPROFIT/COMMUNITY SERVICE ORGANIZATION
Shall mean those organizations which are exempt from tax by the United States Internal Revenue Service and which present to the Board of Health a tax exemption number which has been issued to them by that Federal agency and shall include those with a 501(c)3 status.
PERMANENT ESTABLISHMENTS
Shall mean those that are not temporary.
PERSON
Shall mean and include organizations, corporations, unincorporated associations, individuals, persons, any group of two or more persons or any other entity.
RETAIL FOOD AND BEVERAGE ESTABLISHMENTS
Shall mean any fixed or mobile restaurant; coffee shop; cafeteria; short-order cafe, luncheonette; grill; tearoom; sandwich shop; soda fountain; tavern; bar; cocktail lounge; night club; roadside stand; industrial vending establishment; private, commercial or non-profit organization, institution, or group-preparing, storing or serving food or beverages; 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 (sold for off premise consumption); and any other retail eating or drinking establishment where food is served, handled or provided for the public with or without charge; except that agricultural markets, covered dish suppers or similar type of church or nonprofit type institution meal services shall meet the special provisions of N.J.A.C. 8:24-1.5; provided further, that any food and beverage vending machine shall meet the requirements of N.J.A.C. 8:24-4.12 (both of which sections are contained in Title 8, Health, Chapter 24 of the New Jersey State Sanitary code adopted herein).[1]
TEMPORARY ESTABLISHMENTS
Shall be defined as one in continuous service for not more than 21 days.
[1]
Editor's Note: Prior source history includes § BH3-1 of the 1993 Revised General Ordinances of the Board of Health and Ord. No. BH 2004-01.
[Ord. No. BH1 3-2012 § BH3-5]
a. 
It shall be unlawful for any person to conduct a retail food establishment as defined herein without first having procured an annual license from the City Board of Health, or to conduct said activities without complying with any or all the provisions of this chapter and N.J.A.C. 8:24-1.1 et seq. of the New Jersey State Sanitary Code.
b. 
No retail food establishment license shall be issued unless the retail food establishment shall have in its possession and on display a current satisfactory inspection certificate from the Hunterdon County Health Department dated within 12 months of the application for said license.
[Ord. No. BH 13-2012 § BH3-6]
a. 
Each applicant for a license shall complete an application and provide all information requested on the application. When requested, each applicant shall provide further proof to the Board of Health of any representations contained in the application. Failure to do so shall result in the application being denied.
b. 
If there is a material misrepresentation or omission, any license issued on the basis of that application shall be revoked or suspended.
[Ord. No. BH 13-2012 § BH3-7]
a. 
The permanent licenses issued shall be effective for a period of one year commencing on June 1 and expiring on May 31 and shall be renewable for succeeding years thereafter upon payment of the annual fee and compliance with the requirements of this chapter and all other applicable laws and regulations.
b. 
Each temporary license shall be issued for a period of time not to exceed 14 days.
c. 
All applications for retail food establishment licenses, whether permanent or temporary, on forms prescribed by the Board of Health and the required fee shall be submitted to the Board of Health at least 20 days prior to the date of requested issuance or renewal.
[Ord. No. BH 13-2012 § BH3-8; Ord. No. 14-2017]
The annual license fees to be paid for issuance of a permanent or temporary retail food establishment shall be as follows:
a. 
PERMANENT ESTABLISHMENTS:
1. 
CATEGORY 1: Newsstands, pharmacies, liquor stores, video stores, and other establishments handling commercially prepared, prepacked, non-potentially hazardous foods as an incidental part of their business: $125.
2. 
CATEGORY 3: All other retail food establishments: $250.
3. 
LATE FEE: All applications filed after September 1 of each licensing period: $50.
4. 
Non-profit community service organizations including public schools, fire departments, and ambulance and rescue squads: an exemption from the license fee will be granted to all non-profit community service organizations with the filing of a copy of their current 501(c)3 or State of New Jersey Charitable Organization papers.
b. 
TEMPORARY ESTABLISHMENTS:
1. 
Temporary food establishments which operate for one to three days: $95. $95
2. 
Temporary food establishments which operate for four or more days (not to exceed 14 days): $145. $145
c. 
Non-profit community service organizations: $0. $0
d. 
Public schools, fire departments and ambulance and rescue squads: $0 $0.
An exemption from the number of temporary licenses granted will be given to all nonprofit entities selling beverages and/or food during special events held in the City of Lambertville.
[Ord. No. BH 13-2012 § BH3-9]
Three copies of the Sanitation in Retail Food Establishments and Food and Beverage Vending Machines of the New Jersey State Sanitary Code, N.J.A.C. 8:24-1.1 et seq., have been placed on file in the Office of the Secretary of the Board of Health and shall remain on file there for use and examination by the public.
[Ord. No. BH 13-2012 § BH3-10]
a. 
Any person who violates any provisions of or order promulgated under this chapter or Chapter 24 of the New Jersey State Sanitary Code (N.J.A.C. 8:24-1.1 et seq.) shall, upon conviction thereof, be punished by a fine of up to $500.
b. 
The Lambertville Municipal Court shall have jurisdiction over proceedings to enforce and collect any penalty imposed because of a violation of any provisions of this chapter or Chapter 24 of the New Jersey State Sanitary Code (N.J.A.C. 8:24-1.1 et seq.). The proceedings shall be summary and in accordance with the Penalty Enforcement Law (N.J.S.A. 2A:58-10 et seq.); process shall issue at the suit of such local board and shall be either in the nature of a summons or warrant.
c. 
The Court may cause a person who refuses or neglects to pay the amount of a judgment rendered against him and all costs and charges incident thereto, to be committed to the County Jail for a period not exceeding 90 days.
d. 
In the event a person shall have been twice convicted within the space of six months of a violation of this chapter or Chapter 24 of the New Jersey State Sanitary Code (N.J.A.C. 8:24-1.1 et seq.), the Court may, in addition to the imposition of the penalty prescribed by paragraph a of this subsection, order the person to be imprisoned in the County Jail for any number of days not exceeding one for each dollar of the penalty.
e. 
In addition to the penalties set forth above, a conviction of a violation of this chapter and Chapter 24, N.J.A.C. 8:24-1.1 et seq. shall result in revocation or suspension of the license.
[Ord. No. BH 13-2012 § BH3-11]
Nothing contained herein shall be deemed to exempt any retail food establishment from any licensing requirement.