[9-17-2019 by Ord. No.
2019-10[1]]
This chapter adopts by reference Chapter 24 of the New Jersey State Sanitary Code, which provides for "Sanitation in Retail Food Establishments and Food and Beverage Vending Machines" (N.J.A.C. 8:24-1 and New Jersey Revised Statute 24:2-2 2007).
Three copies of the "Sanitation in Retail Food Establishments
and Food and Beverage Vending Machines (2007)" have been placed on
file in the office of the Secretary of the Board of Health and one
copy in the office of the Borough Clerk and will remain on file for
as long as this chapter remains in effect for the use and examination
of the public.
Any person who violates any provision of, or order promulgated under, this chapter, or code established herein, shall upon conviction thereof be liable, upon conviction, to the penalty established in Chapter BH1, § BH1-3. Each day a particular violation continues shall constitute a separate offense.
[9-17-2019 by Ord. No.
2019-10]
As used in this chapter, the following terms shall have the
meanings indicated:
The Board of Health of the Borough of Ringwood.
Means and includes any device offered for public use which,
upon insertion of a coin, coins or token, or by other means, dispenses
unit servings of food or beverage, either in bulk or in package, without
the necessity of replenishing the device between each vending operation.
"Retail food establishment" as defined in N.J.A.C. 8:24-1.5.
Chapter 24 of the New Jersey State Sanitary Code, as defined in N.J.A.C. 8:24.
"Temporary retail food establishments" as defined in N.J.A.C.
8:24-1.5.
[9-17-2019 by Ord. No.
2019-10]
No person shall conduct or operate a retail food establishment, as defined in § BH3-2 without first having obtained a license from the Borough of Ringwood Health Department, otherwise to be known as the Health Department, to do so. No license shall be issued by the Health Department unless the applicant has complied with all the applicable provisions of Chapter 24 of the New Jersey State Sanitary Code and the New Jersey Revised Statute 24:2-1 (2017).
The fee for a license issued under this chapter shall be:
a.
Every license issued under this chapter shall expire on December
31 of the year of its issuance.
b.
Every license shall be renewed by January 31 of the licensing year. After January 31, a late fee as denoted in Subsection BH3-3.2f shall be imposed and establishment is subject to closing due to operation without a valid license.
c.
The license shall not be transferable from one person to another
or from one place to another.
The license issued under this chapter shall be posted in a conspicuous
place in the licensed location.
a.
Subject to the provisions of Subsection b of this subsection, licenses issued pursuant to this chapter may be suspended or revoked by the Health Department for any of the following grounds:
1.
For violation of any provision of the Sanitation in Retail Food Establishments
and Food and Beverage Vending Machines.
2.
For violation of any provision of this chapter.
3.
Whenever the licensee has conducted the retail food establishment
in a disorderly or improper manner, or in the violation of any law
of the United States, the State of New Jersey or any applicable ordinance
of the Borough or the Health Department; or the licensee is found
to be of an unfit character to conduct the retail food establishment,
or it is found that the purpose for which the license has been issued
is being abused to the detriment of the public, or that the retail
food establishment is being used for a purpose foreign to that for
which the license was issued.
4.
For other good cause shown for the protection of the public health
and safety.
b.
Except in cases of emergency, no license shall be revoked or suspended
until a hearing thereon shall have been held by the Ringwood Board
of Health. Written notice of the time and place of such hearing shall
be served upon the licensee at least three days prior to the date
set for the hearing. Such notice shall also contain a brief statement
of the grounds to be relied upon for revoking or suspending the license.
The notice may be given either by personal delivery or be deposited
in the United States Post Office in a sealed envelope, postage prepaid,
addressed to the licensee at the business address appearing upon the
license. At the hearing before the Ringwood Board of Health, the licensee
shall have an opportunity to answer and be heard.
c.
If any license is revoked, neither the holder thereof nor any person
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 the license shall be approved by the Health Department.
No provision of this chapter shall be applied so as to impose
any unlawful burden on either interstate commerce or any activity
of the state or federal government.
[9-17-2019 by Ord. No.
2019-10]
a.
As required by the New Jersey Administrative Code, N.J.A.C. 8:24-2.1(b):
1.
No establishment shall be open for business in preparing, processing and sale of food or drink intended for human consumption without having a supervisor on the premises who has a Manager's Food Safety Certificate or applied for same as provided for in Subsection b of this section.
2.
In the event a food preparation establishment operated 24 hours a
day, at least one person on each shift shall complete the required
course.
3.
All employees involved in the handling, preparing or processing of
food or drink for sale shall complete a food handler's training
course and obtain a food safety certificate.
4.
Temporary retail food operations shall not be exempt from obtaining
a food safety certificate and needs to be displayed during time of
operations.
5.
The food safety certificate shall not be issued or granted to any
person unless the person seeking such food safety certificate shall
have first completed an approved course of general instruction in
health education, sanitation, personal hygiene, food protection, dishwashing
procedures and other related health matters.
b.
No person to whom a food safety certificate is issued or granted
shall give, loan, transfer or permit the same to be used by any other
person, for any purpose whatsoever.
For the food safety certification course provided by the Health
Department, the fee is as follows:
[9-17-2019 by Ord. No.
2019-10]
All retail food establishments that generate food waste will
be required to have a fully enclosed dumpster that can be constructed
of nonpliable, water-resistant materials, and must be reinforced to
deter access by black bears and other wildlife. The container must
deploy a sturdy, reliable lid that has a latching mechanism preventing
access by black bears and other wildlife.
[9-17-2019 by Ord. No.
2019-10]
No person, whether as principal or agent, clerk or employee,
either for himself or any other person, or for any corporate body,
or as an officer of any corporation, or otherwise shall:
a.
Engage in the operating of one or more food and beverage vending machines (defined in § BH3-2) without first having applied to and obtained from the Health Department a permit to do so without complying with all the provisions of Chapter 24 of the New Jersey State Sanitary Code, which provides for "Sanitation in Retail Food Establishments and Food and Beverage Vending Machines (2007)" on or in any location in the Borough.
b.
Maintain or permit to be maintained one or more food and beverage vending machines (defined in § BH3-2) without first having applied to and obtained from the Health Department a license for each such machine, or without complying with all the provisions of Chapter 24 of the New Jersey State Sanitary Code.
c.
Permits and licenses granted under this section shall be nontransferable.
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.
