[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:
Any person who holds a New Jersey cottage food operator permit.
[Added 11-17-2022 by Ord. No. 30-2022]
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.
Shall mean those that are not temporary.
Shall mean and include organizations, corporations, unincorporated
associations, individuals, persons, any group of two or more persons
or any other entity.
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]
Shall be defined as one in continuous service for not more
than 21 days.
[Ord. No. BH1 3-2012 § BH3-5;
amended 11-17-2022 by Ord. No. 30-2022]
a.
It shall be unlawful for any person to conduct a retail food establishment
as defined herein without first having obtained an annual license
from the City Board of Health. It shall also be unlawful for any person
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 has 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.
c.
No cottage food operator license shall be applied for or issued unless the owner has in its possession, and on display, a zoning permit issued by the Zoning Officer of the City of Lambertville. The application for a zoning permit must include a satisfactory inspection certificate from the Hunterdon County Health Department dated within 12 months of the application for said license and must comply with § Z-520.1, Minor Home Occupation. After first obtaining a zoning permit, the owner/operator can then apply for the State of New Jersey issued cottage food operator's 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.
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.
