Editor's Note: For State Statute authorizing a municipality
to license and regulate restaurants and eating places, see N.J.S.
40:52-1(d).
CROSS REFERENCE: For general health regulations concerning food, its preparation and sale, see Title XIII of these Revised General Ordinances. For licensing of off-own premises food caterers, see Section 13:2-40 et seq. of these Revised Ordinances. For toilet and washing facilities required of eating places, see Sections 16:16-1 and N.J.A.C. 5:23-1 et seq. of these Revised Ordinances.
[New; R.O. 1966 § 8:12-1; Ord.
6 S+FD, 5-2-2001 § 1; Ord. 6 S+FF, 6-2-2004 § 1; Ord. 6 PSF-C, 10-21-2009 § 1; Ord. 6 PSF-B, 2-1-2012 § 1]
As used in this chapter:
Shall mean delivery service between the restaurant or other
place where cooked food or beverages, or both, are served and delivered
by the owner or operator, its agents or employees, to the occupants
of automobiles parked on, in or about the restaurant and the like,
premises, or adjacent premises or thoroughfare, for consumption thereat.
Shall mean the Director of the Department of Finance and/or
his designee.
Shall mean a designation within the City of Newark for family
dining and entertainment bounded by the northern border shall begin
at the northerly side of Clay Street from the bank of the Passaic
River, west to Broad Street, south on the westerly side of Broad Street
to Lackawanna Avenue, west to Dr. Martin Luther King, Jr. Boulevard.
The western border shall run south along the westerly side of Dr.
Martin Luther King, Jr. Boulevard from Lackawanna Avenue to Spruce
Street. The southern border shall run east on the southerly side of
Spruce Street and continue on Lincoln Park across Broad Street to
the southerly side of Chestnut Street and continue to New Jersey Railroad
Avenue. The eastern border shall run northeast along the westerly
side of New Jersey Railroad Avenue to Market Street, northeast along
the westerly side of Raymond Plaza East to the bank of the Passaic
River, and continue north along the bank of the Passaic River to Clay
Street.[1]
Shall mean a restaurant that prepares and serves meals and
food, which does not have seating for dining on its premises, whose
business only consists of sales to customers for consumption outside
its premises.
Shall mean any individual, firm, member of a firm, partnership
or member thereof, corporation or any officer, director or stockholder
of such corporation, unless otherwise specified.
Shall mean any zone identified as Residential 1 Family (R-1),
Residential 1-2 Family (R-2), Residential 1-3 Family and Townhouse
(R-3), Residential Low-Rise Multifamily (R-4), Residential Mid-Rise
Multifamily (R-5) and Residential High-Rise Multifamily (R-6) as set
forth in Title XLI, Zoning and Land Use Regulations, Chapter 3, Zoning
Districts of the Code of the City of Newark.
Shall mean any place, however designated, which prepares
and serves meals, food or non-alcoholic beverages to be sold to the
public for consumption on premises, normally to patrons seated within
an enclosed building. However, a snack bar at a public or community
playground, playfield, park, or swimming pool operated solely by the
agency or group operating the recreation facilities, and for the convenience
of patrons of the facility, shall not be deemed to be a restaurant.
A lunch wagon, coffee house, and lunchroom is also a restaurant.
Shall mean any establishment engaged in selling goods or
merchandise to the general public for personal or household consumption
and rendering services incidental to the sale of such goods.
Shall mean an establishment engaged in services, as opposed
to products, to the general public for personal or household use.
Shall mean a restaurant, in accordance with Section 8:12-1 et seq., of the Code of the City of Newark, which prepares 75% or more of its individual purchases for consumption outside its premises.
Shall mean any restaurant establishment operating for 24
consecutive hours a day.
[1]
Editor's Note concerning the Downtown Family Restaurant and
Entertainment District: Ord. No. 6PSF-C adopting Title XLI, Zoning
and Land Use Regulations, did not continue the Downtown Family Restaurant
and Entertainment District.
Based on the City's Redevelopment Plans that operate in and
around the downtown area, the boundaries used should therefore be
comprised of "The Living Downtown Redevelopment Plan," the "Newark
Downtown Core District Redevelopment Plan and Amendment to Newark's
Plaza Urban Renewal Plan," "The Broad Street Station District Redevelopment
Plan," the "Lincoln Park Redevelopment Plan," and the segment identified
as "Downtown" from the "Newark's River Public Access and Redevelopment
Plan."
The boundaries of these various Redevelopment Plans can be
viewed in the City of Newark Division of City Planning, Room 112,
Newark City Hall, 920 Broad Street, Newark, NJ 07102. A map of the
boundaries, for informational purposes only, can also be found on
the Division's website at:https://www.newarknj.gov/viewer/redevelopment-plans
Note: Certain differences exist between the boundaries of
the former "Downtown Family Restaurant and Entertainment District"
and those created by combining the boundaries of the various Redevelopment
Plans in effect in the downtown area.
[R.O. 1966 § 8:12-2; Ord. 6 S+FD, 5-2-2001 § 1]
No person shall keep, operate or conduct a restaurant without
first obtaining a license therefor from the Director.
[R.O. 1966 § 8:12-3; Ord. 6 S+FD, 5-2-2001 § 1; Ord. 6 S+FA, 3-5-2003 § 1; Ord. 6 PSF-C, 10-21-2009 § 2; Ord. 6PSF-E, 8-6-2014; Ord. 6PSF-A(S), 1-7-2016]
a.
Applications for licenses under this chapter shall be filed with
the Division of Tax Abatements/Special Taxes on forms to be furnished
by the Director. The application shall include the following:
1.
Name of the applicant.
2.
Post office address of applicant.
3.
Whether or not the person making the application has ever been convicted
of a crime, or violation of a State statute, or violation of a City
ordinance or disorderly persons offense involving gambling.
4.
In the case of a corporation it shall state the names and addresses
of the officers and all stockholders, presently holding stock, and
all who, for more than six months prior to making application, have
held stock or who have been officers.
5.
The proposed hours of operation.
6.
The proposed address of restaurant location.
7.
The proposed seating capacity of restaurant.
8.
A valid business registration certificate issued by the State of
New Jersey.
b.
Upon receipt of a completed application, the Division of Tax Abatements/Special
Taxes shall submit the application to the Division of Police for a
background check and submit a request for an inspection of the premises
to be licensed by the Health and Community Wellness Department and
Division of Five.
c.
Upon receipt of a satisfactory background check, inspection reports
and an approval of the application by the Director, the applicant
shall be issued a license pursuant to this chapter. If the application
is denied, the Director shall issue a written statement to the applicant
explaining why the application was not approved. The applicant may
reapply for a license according to the provisions of this chapter
once the reasons for denial have been remedied.
d.
Any applicant approved for a license under this chapter shall be exempt from obtaining a milk and milk products license pursuant to Section 13:4-1 et seq., an ice license, a license to engage in the business of food catering pursuant to Section 13:2-40 et seq., or any other license requiring the submission of the exact same forms and documents required by the application for a license pursuant to this chapter. However, restaurants engaged in the business of food catering will be required to pay an additional food catering fee pursuant to Section 8:12-6.
[R.O. 1966 § 8:12-4; Ord. 6 S+FD, 5-2-2001 § 1]
The Director may deny a license to any person who has been convicted
of a crime or a violation of a State statute or violation of a City
ordinance or disorderly persons offense involving gambling. The Director
may also deny the license where the premises to be licensed does not
comply with the applicable codes and ordinances of the City.
[R.O. 1966 § 8:12-5; Ord. 6 S+FD, 5-2-2001 § 1; Ord. 6 PSF-C, 10-21-2009 § 3; Ord. 6PSF-E, 8-6-2014; Ord. 6PSF-A(S), 1-7-2016; amended 12-21-2021 by Ord. No. 6PSF-a(s), 12-21-2021]
All such licenses issued under this chapter shall be valid from the 1st day of February of the year in which the license is issued, until the 31st day of January on a biennial basis, unless sooner revoked or suspended. If any applicant obtains an initial license pursuant to this section after the renewal date or in between a biennial cycle, the applicant will pay a pro-rated application fee. The applicant's license will thereafter expire on January 31st in accordance with the biennial licensing cycle. All restaurant operators licensed under the provisions of this chapter must apply for a renewal license prior to the expiration of his or her current license. The renewal application shall include all listed items of Section 8:12-3a of this chapter and the fee for the renewal license shall as outlined in Section 8:12-6. Prior to the issuance of a renewal license, the premises to be licensed shall be inspected by the Department of Health and Community Wellness and the Division of Fire. Upon the receipt of a satisfactory inspection by the Health and Community Wellness and the Division of Fire, the Director shall determine whether to approve or deny a renewal application. If a renewal application is denied, the Director shall issue a written statement to the applicant explaining why the renewal application was not approved. Once the reasons for denial have been remedied, the applicant may reapply for a license according to Section 8:12-3.
[R.O. 1966 § 8:12-6; R.O. 1966 C.S. § 8:12-6; Ord. 6 S+FD, 5-2-2001 § 1; Ord. 6 PSF-C, 10-21-2009 § 4; Ord. 6 PSF-D, 8-3-2016 § 8; amended 12-21-2021 by Ord. No.
6PSF-a(s), 12-21-2021]
a.
The biennial fee for a restaurant license issued under this chapter
shall be as follows:
|
Eatery with no seating fee
|
$400
|
|
Restaurants with seating capacity of 25 persons or less
|
$300
|
|
Restaurant with seating capacity of 26 to 50 persons
|
$500
|
|
Restaurant with seating capacity of up to and including 50 persons
|
$600
|
|
Restaurants with seating capacity of more than 50 persons
|
$800
|
|
Restaurants located in Downtown Family and Entertainment District[1]
|
$1,000
|
|
Restaurants operating 24 hours a day
|
$3,000
|
|
Eatery operating 24 hours a day
|
$3,000
|
|
Fee of restaurants that also engage in food catering, as defined in Section 13:2-40
|
$100
|
b.
The following institutions who conduct restaurants on the premises
of such institutions and the following persons who conduct such restaurants
are exempt from the payment of the foregoing license fees.
c.
The license fee shall be payable upon the presentation of the application
and shall be returned less the sum of $25 in the event such license
is not granted.
[Ord. 6 S+FA, 3-5-3; Ord. 6 S+FE, 6-2-2004; Ord. 6 S+FF, 6-2-2004; Ord. 6 S+FI, 9-5-2007; Ord. 6PSF-B, 2-1-2012; Ord. 6PSF-D, 4-4-2012; Ord. 6PSF-A(S), 1-7-2016]
a.
All restaurants (that are not defined herein as a drive-in or drive
thru restaurant), and retail sales and retail service establishments
as defined herein, and located on streets as set forth herein shall
not conduct business during the hours of 10:00 p.m. and 6:00 a.m.,
Sunday through Thursday and 11:00 p.m. and 6:00 a.m. on Friday and
Saturday. Such businesses located within the boundaries of the improvement
District listed below are exempt from the application of this paragraph.
Newark Downtown Special Improvement District (map may be found
in the office of the City Clerk)
Ironbound Business Improvement District (map may be found in
the office of the City Clerk)
Mt. Prospect Avenue Neighborhood Special Improvement District
(map may be found in the office of the City Clerk)
This provision of this paragraph shall be applicable in any
and all Special Improvement Districts that might be created in the
future.
b.
The restriction upon business hours imposed by paragraph a shall
not apply to pharmacies or holders of plenary retail distribution
licenses under the Alcohol Beverage Law, N.J.S.A. 33:1-1 et seq.;
except that the holders of such licenses may not conduct any business
between the hours of 11:00 p.m. and 5:00 a.m. other than as permitted
by N.J.S.A. 33:1-40.3 and other applicable City Ordinances.
Businesses to be closed during certain hours:
|
Name of Street
|
From
|
To
|
|---|---|---|
|
Bergen Street
|
Avon Avenue
|
Weequahic Avenue
|
|
Clinton Avenue
|
South 20th Street
|
Elizabeth Avenue
|
|
Clinton Place
|
Clinton Avenue
|
Weequahic Avenue
|
|
Lyons Avenue
|
Fabyan Place
|
Elizabeth Avenue
|
|
Chancellor Avenue
|
Fabyan Place
|
Maple Avenue
|
|
Maple Avenue
|
Hansbury Avenue
|
Chancellor Avenue
|
|
Hawthorne Avenue
|
Fabyan Place
|
Bergen Street
|
|
Madison Avenue
|
South 18th Street
|
Irvine Turner Boulevard
|
|
Elizabeth Avenue
|
Watson Avenue
|
Grumman Avenue
|
|
Elizabeth Avenue
|
Clinton Avenue
|
West Runyon Avenue
|
|
Frelinghuysen Avenue
|
Emmet Street
|
Wright Street
|
|
Avon Avenue
|
South 20th Street
|
Somerset Street
|
|
Central Avenue
|
Fairmont Avenue
|
16th Street
|
|
Mount Vernon Place
|
Stuyvesant Avenue
|
The Irvington Line
|
|
Mount Vernon Place
|
Eastern Parkway
|
Kerrigan Boulevard
|
|
18th Avenue
|
Melrose Avenue
|
Sandford Avenue
|
|
Broadway
|
3rd Avenue
|
Van Wagenen Street
|
c.
Exemptions from Closing Regulations: Procedure.
1.
Existing Establishments. Owners or operators of existing restaurants
or retail sales and service businesses may apply to the Director of
Public Safety for an exemption from the provisions of this section.
By application on a form to be devised by the Director, the applicant
must demonstrate:
(a)
A history of remaining open past 11:00 p.m. on a regularly scheduled
basis for a minimum period of one year prior to the date of the application.
(b)
That the owners or operators have never been found guilty under
the provisions of N.J.S.A. 2C:33-12 or N.J.S.A. 2C:33-12.1 relative
to the restaurant or retail sales or retail services business that
is the subject of the application.
The Director shall review the application and have Police records
reviewed relative to the address for which the application is submitted.
The Director shall consider the amount of Division of Police activity
related to the particular restaurant or business, including but not
limited to the number of arrests effected on the particular premises
and the number of Police responses dispatched to the premises over
the course of one year prior to the date of the application.
2.
Other Establishments. Owners or operators of existing restaurants
or retail sales and service businesses that were not in existence
at the time of the enactment of Ordinance 6 PSF-B, 2-1-2012 or for
those restaurants or retail sales and service businesses that do not
meet the requirements of paragraph a above, may apply to the Director
of the Department of Public Safety for an exemption from the provisions
of this section. By application on a form to be devised by the Director,
the applicant must demonstrate to the Director's satisfaction that
the operation of the establishment between the prohibited hours would
not likely cause the activities and occurrences which were meant to
be eliminated by this chapter.
The Director shall review the application and have Police records
reviewed relative to the address or in the area for which the application
is submitted. The Director shall consider the amount of Division of
Police activity related to the particular restaurant or business,
if such business existed prior to the application at the requested
location or any other location within the City of Newark including
but not limited to the number of arrests effected on the particular
premises and the number of Police responses dispatched to the premises.
The Director shall further consider the history of similar businesses
in the area, the owner/operator's history of operating other restaurants
or businesses both in and out of the area and the specific prophylactic
measures proposed by the owner/operator to eliminate all detrimental
activities and occurrences.
If in the discretion of the Director the restaurant or retail
sales or retail services businesses can conduct activity past the
hour of 11:00 p.m. without adversely effecting the safety and welfare
of the residential area surrounding the area subject to this regulation,
the Director shall issue a written exemption on a form to be prescribed
by the Director, which so states. The form shall be posted conspicuously
in the restaurant or business establishment by the owners or operators
and shall be effective only when posted.
The exemption may be withdrawn by the Director at any time,
with a forty-eight hour notice to the owners or operators and an opportunity
to be heard. Notice is effective upon leaving at or posting upon the
premises a written notice so stating the withdrawal. An exemption
shall be withdrawn upon a finding by the Director that the particular
establishment no longer meets the criteria for exemption outlined
above.
[Ord. 6 S+FI, 9-5-2007; Ord. 6PSF-A(S), 1-7-2016]
There is hereby established in the Office of the Mayor, a Committee
to be known as the Restaurant Review Committee which shall be comprised
of representatives from both the public and private business sectors
to be appointed as described herein. The Restaurant Review Committee
shall consist of 13 members as follows: the Mayor and President of
the Municipal Council as ex officio members; one member of the Municipal
Council to be appointed by the President; one community resident from
each of the five wards and two take-out restaurant business representatives,
the Director of the Department of Economic and Housing Development,
the Director of the Department of Public Safety and the Director of
Licensing, to be appointed by the Mayor with the advice and consent
of the Municipal Council. The Mayor shall designate a member to preside
over the Committee as Chairman, who shall serve as such, at the pleasure
of the Mayor. The Committee shall be authorized to establish and implement
internal controls and procedures for its operations including the
recommended removal and replacement of its members for just cause.
The members of the Committee shall serve without compensation.
The Restaurant Committee shall be responsible for monitoring,
documenting and reviewing complaints and conditions in or about take-out
restaurants such quality of life matters which are inclusive of but
not mutually exclusive to loitering, littering, public drinking, drug
dealing, noise, disturbance or any other unlawful acts either in or
about the immediate premises of the establishment.
The Committee shall review such pertinent information and data
as available through police incident reports and service calls, written
or verbal complaints from area residents and adjacent businesses and
other means of data collection, and shall have the authority to, after
due legal process, make a formal recommendation to the Municipal Licensing
Unit for the revocation of an individual take-out restaurant's 2:00
a.m. closing privileges. In the event of a revocation of the 2:00
a.m. closing time, the affected business establishment shall not be
permitted to operate between the hours of 11:00 p.m. and 6:00 a.m.
beginning on Sunday at 11:00 p.m. and ending Friday at 6:00 a.m.;
and between the hours of 12:00 a.m. and 6:00 a.m. beginning on Saturday
at 12:00 a.m. and ending on Sunday at 6:00 a.m. for a period of at
least 12 months.
The distance of 200 feet to a residential zone is measured in
a straight line from the lot line of the take-out restaurant to the
border of the residential zone. The distance of 200 feet to two or
more buildings used exclusively for residential purposes is measured
in a straight line from the lot line of the take-out restaurant to
the lot line of the second furthest building from the take-out restaurant
used exclusively for residential purposes.
[R.O. 1966 § 8:12-7; Ord. 6 S+FD, 5-2-2001 § 1; Ord. 6 PSF-C, 10-21-2009 § 5; Ord. 6PSF-E, 8-6-2014; Ord. 6PSF-A(S), 1-7-2016]
a.
Each license shall bear the date of issue; the name of the person
to whom issued; the purpose for which issued, and the location of
the room or building wherein the licensee is authorized to carry on
and conduct any such licensed business.
b.
Each license shall be posted and conspicuously displayed on the premises
where the licensee is authorized to carry on the licensed business.
c.
All licensed restaurants engaged in the sale of food for public consumption
are subject to inspection by the Division of Fire, Division of Police
and the Department of Health and Community Wellness at any time during
the restaurant's hours of operation.
d.
Subject to consent of the Director, a license may be transferred
by the holder to another address, provided that the licensee makes
application in writing for such transfer, to the Director; and further
provided that the new premises comply with the applicable codes and
ordinances of the City.
[R.O. 1966 § 8:12-8; Ord. 6 S+FD, 5-2-2001 § 1]
a.
No person, owner or operator of any restaurant or other place where
cooked food or beverages, or both, are served shall furnish or permit
carhop service in connection with such business during the hours between
midnight and 7:00 a.m.
b.
No person shall, between the hours of midnight and 7:00 a.m., engage in carhop service as defined in Section 8:12-1.
c.
The owner and operator of any restaurant or other place where carhop
service is provided shall display a notice that carhop service is
not provided or permitted between the hours of midnight and 7:00 a.m.
[1]
Editor's Note: The preamble to the ordinance of 8-9-1960 recites:
"It is hereby determined that during the night hours the public peace
and decorum are being disturbed by the conduct of carhop service of
food and beverages and, therefore, the public welfare requires that
such service be prohibited during the period between the hours of
12:00 p.m. and 7:00 a.m.
[R.O. 1966; R.O. 1966 C.S. § 8:12-9; Ord. 6 S+FD, 5-2-2001 § 1; Ord. 6 PSF-C, 10-21-2009 § 6]
a.
In addition to the penalty provided in Section 8:12-10, the Director shall have the power to suspend or revoke for cause any such license. Reasonable causes for suspension or revocation of a license issued according to the provisions of this chapter include but are not limited to:
1.
Licensee receives a notice of violation by a City Health Officer pursuant to Section 13:1-3 and fails to cure the violation within the period allotted to cure said violation;
2.
Licensee is convicted of a crime, of violating any State statute,
of violating any City ordinance or a disorderly persons offense involving
gambling; or
3.
Licensee fails to renew the license according to the provisions of
this chapter within a reasonable period of time upon notification
of renewal from the Division of Tax Abatements/Special Taxes.
b.
If the Director determines that there is reasonable cause to suspend
or revoke any such license, he shall cause a notice to be served in
writing upon the licensee or other person in charge of the licensed
place at the address provided by the licensee on his application,
citing him to appear before such Director at such time and place as
he may designate, for a hearing to show cause why such license should
not be suspended or revoked. After the hearing, the Director shall
issue a written report to the licensee and all effected departments
as to his findings and penalties, if any. The applicant may challenge
the suspension or revocation in the Superior Court of New Jersey within
the time period presented by the New Jersey Court Rules.
c.
A written letter indicating the reason for suspension or revocation
must be forwarded to licensee prior to suspension or revocation.
[R.O. 1966 § 8:10-10; Ord. 6 S+FD, 5-2-2001 § 1; Ord. 6 PSF-C, 10-21-2009 § 7]
a.
Restaurants engaged in operation without a license, which have failed to renew a license within a reasonable time after notification of renewal from the Division of Tax Abatement/Special Taxes or which have had their license suspended or revoked pursuant to Section 8:12-9 shall also be subject to a fine not to exceed $250 per day or by imprisonment for a term not exceeding 90 days, or both. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.
b.
Restaurants operating without a license shall be closed pending application
and approval of a license according to the provisions of this chapter.
c.
Any person who violates any provision of this chapter shall, upon
conviction thereof, be punished by a fine not exceeding $250 per day
or by imprisonment for a term not exceeding 90 days, or both. A separate
offense shall be deemed committed on each day during or on which a
violation occurs or continues.
[Ord. 6 S+FN, 1-4-1989]
a.
Any retail business that sells ice cream products as described in Section 13:4-1 and utilizes an adjacent parking area, park, patio or plaza where 20 or more customers or patrons gather shall provide a security guard for the establishment who shall be on duty after 4:00 p.m. while the business is open.
b.
Any owner of such establishment who fails to maintain such security
service as is described in this chapter after being notified to comply
with this section shall, upon conviction thereof, be punished by a
fine not to exceed $1,000, but not less than $50. Each day that such
a violation is found to continue shall be considered a separate offense.
[Ord. 6 S+FF, 1-17-1990; Ord. 6 S+FE, 10-17-2007; Ord. 6PSF-E, 8-6-2014]
a.
All eating, take-out food, or food preparation establishments shall
have installed on the premises, state-of-the-art equipment for the
control of emissions, odors and particulates so as to prevent same
from leaving the property lot boundaries.
All such equipment must conform to local, State, and Federal
regulations and shall be certified as to its operation by a Professional
Engineer licensed in the State of New Jersey.
The Directors of the Department of Health and Community Wellness
and Engineering or their designees shall have the right to inspect
all emission, odor and particulate controlling equipment during hours
of operation to verify compliance. No person shall prevent or interfere
with any City agent or employee in the discharge of his duties.
Any eating, take-out food and/or food preparation establishment
existing at the time of passage of this section[1] shall have 12 months to come into full compliance with
the requirements contained herein.
[1]
Editor's Note: This section was adopted by Ord. 6 S+FF on
January 17, 1990.
b.
No license or renewal for an eating, take-out or food preparation
establishment shall be issued by the Director of the Department of
Finance and/or his designee until the owner has certified that state-of-the-art
equipment for the control of emissions, odors and particulates has
been installed and is operational at the premises consistent with
this section.
c.
Any person, firm or corporation who violates or neglects to comply
with any provision of this section shall, upon conviction, be punished
with a fine of $1,000. Each and every day such violation is committed
or permitted to continue shall constitute a separate violation and
shall be punishable as such.
[Ord. 6 S+FF, 11-20-2007 § 1; Ord. 6PSF-E, 8-6-2014]
a.
No cooking oils, shortening and margarine containing artificial trans
fat, as that term is defined in Federal Food and Drug Administration,
shall be stored, distributed, held for service, used in preparation
of any menu item, or served in any restaurant in this City.
b.
The Director of the Department of Health and Community Wellness or
their designees shall adopt regulations to carry out the purposes
of and verify compliance with this section. The regulations shall
include such requirements as may be necessary for a restaurant to
document, through retention of original labels for all food products
or such other means determined by the Director, the contents of food
products that are currently being stored, distributed, held for service,
used in preparation of any menu item, or served by the restaurant.
c.
Any restaurant, eatery, take-out food and/or food preparation establishment
existing at the time of passage of this section shall have 12 months
to come into full compliance with the requirements contained herein.
This section shall not apply to any temporary food establishment,
which operates at a fixed location for a limited period of time in
connection with a fair, carnival, public exhibition or similar transitory
gathering or charitable fund raising event.
[Ord. 6PSF-D, 2-22-2019]
a.
DEPARTMENT OF HEALTH
EQUIPMENT
FOOD SAFETY OPERATIONS or FOOD SAFETY REQUIREMENTS
LICENSED PREMISES
POTENTIALLY HAZARDOUS FOOD
SHARED KITCHEN
SHARED KITCHEN LICENSE
SHARED KITCHEN USER or USER
Definitions.
Means the City of Newark Department of Health and Community
Wellness.
Shall mean all permanent fixtures and movable appliances,
including, but not limited to, stoves, ranges, hoods, meat blocks,
tables, counters, refrigerators, sinks, dish washing machines, steam
tables and similar items, other than utensils, used in the operation
of a food establishment.
Shall mean all practices involving sanitation; food storage;
food preparation; use of potentially hazardous foods; food service;
food handling by personnel; manual cleaning and sanitizing of multi-use
eating and drinking utensils and equipment; plumbing and toilet and
lavatory facilities; storage of garbage and rubbish; insect and vermin
control; poisonous compounds; cleaning operations; outdoor maintenance;
dressing rooms, lockers and other storage areas provided for use by
shared kitchen users; and other subject matter determined by the Department
of Health to be relevant to food safety.
Shall mean any premises licensed or required to be licensed
under this Section.
Shall mean any natural or synthetic food or ingredient that
requires temperature control because the food exists in a form capable
of supporting the rapid and progressive growth of infectious or toxigenic
micro orgasms, such as Clostridium botulinum or Salmonella enteritidis.
The term "Potentially Hazardous Food" includes, but is not limited
to, any food that consists, in whole or in part, of milk or milk products,
eggs, meat, poultry, fish, shellfish, edible crustacean, heat-treated
foods of plant origin, raw seed sprouts, cut melon and unmodified
garlic and oil mixtures. The term "Potentially Hazardous Foods" does
not include (i) an air-cooled, hardboiled egg with shell intact or
any other egg treated to destroy all viable salmonella; (ii) any food
with a water activity level of 0.85 or less under standard conditions;
(iii) any food with a hydrogen iron concentration (pH) level of 4.6
or below when measured at 75° F. (24° C.); (iv) any unopened
packaged food in a hermetically sealed container; (v) any food approved
by the Department of Health in duly promulgated rules and regulations
for which laboratory evidence demonstrates that the rapid and progressive
growth of infectious or toxigenic microorganisms, or the slower growth
of Clostridium botulinum, cannot occur, and; (vi) any food that does
not support the growth of microorganisms at a level sufficient to
cause illness.
Means (1) any establishment used as a place of business for
the exclusive or primary purpose of utilizing, licensing/leasing or
renting its kitchen space to individuals or entities for food preparation,
temporary extra production capacity, menu planning, training, taste
testing, pop-up dinners, dinner clubs, product development, food packaging,
food storage or any other food-related purpose; or (2) any retail
or wholesale food establishment licensed or required to be licensed
under this chapter that leases, rents or otherwise makes kitchen space
available at such establishment for utilization by individuals or
entities for food preparation, temporary extra production capacity,
menu planning, training, taste testing, product development, food
packaging, food storage or any other food-related purpose that is
secondary or incidental to the establishment's primary business activity
or retail or wholesale establishment.
Shall mean any business licensed or required to be licensed
under this Chapter.
Means any person who utilizes, leases or rents kitchen space
at any Shared Kitchen licensed or required to be licensed under this
Chapter.
b.
No person shall engage in the business of a Shared Kitchen without
first having obtained a Shared Kitchen License or Shared Kitchen Supplemental
License under this Section.
c.
1.
Except as otherwise provided in paragraph 8:12-14c,4 of this subsection, no person shall engage in the business of a Shared Kitchen long-term user or Shared Kitchen short-term user without first having obtained a shared kitchen user license under Section 8:12-15.
2.
If a person holds a valid shared kitchen user license under this
Chapter to engage in the business activity of shared kitchen long-term
user or shared kitchen short-term user, such person shall not be required
to obtain a retail food establishment license to engage in such activity
in a properly licensed shared kitchen.
3.
If a person holds a valid shared kitchen user license under this
Chapter to engage in the business activity of shared kitchen long-term
user or shared kitchen short-term user, such person shall not be required
to obtain a City of Newark wholesale food establishment license to
sell or offer for sale at wholesale any article of food, confection,
condiment, drink or ice prepared by such person in a properly licensed
shared kitchen. If applicable, all users shall comply with all registration
and license provisions of Federal and State law.
4.
If a person holds a valid outdoor Special Event Permit issued under Section 5:10-1 et seq. (Special Events) of the City of Newark Municipal Code, such person shall not be required to obtain a shared kitchen user license under this chapter to rent, lease or otherwise use kitchen space in a properly licensed shared kitchen to prepare any article of food, confection, condiment, drink or ice used or intended for use at the outdoor special event for which such outdoor special event permit has been issued, provided that the Special Events Permit and Identification is provided to and maintained by the Shared Kitchen.
d.
Shared License Classification. Shared Kitchen Licenses shall be divided
into the following classifications:
1.
Shared Kitchen License: A shared kitchen license shall be required
if the person seeking to engage in the exclusive or primary business
of a shared kitchen does not hold a valid retail food establishment
license for the premises identified in the shared kitchen license
application. The holder of a shared kitchen license may engage at
such shared kitchen in any business activity authorized by a retail
food establishment license if (1) such business activity is secondary
or incidental to the primary business activity of shared kitchen;
and (2) such secondary or incidental business activity is permitted
under the City of Newark's Title XLI, Zoning and Land Use Regulations.
2.
Shared Kitchen Supplemental License: A shared kitchen-supplemental
license shall be required if the person seeking to engage in the business
of a shared kitchen (1) does hold a valid retail or wholesale food
establishment license for the premises identified in the shared kitchen
license application; and (2) the business activity authorized by the
shared kitchen license is secondary or incidental to the primary business
activity for which such retail or wholesale food establishment license
has been issued as set forth in the license application for such retail
or wholesale food establishment license.
e.
License Application. All license applications for a Shared Kitchen
License and Shared Kitchen Supplemental License shall be made to the
Division of Tax Abatements and Special Taxes and follow the same procedures
required for issuance of a Plenary Business License by securing a
Certificate of Occupancy, Fire Certificate, Health Certificate, Trade
Waste Permit with service agreement and provide a New Jersey Business
Registration Certificate, Identification of Business Owner, Payroll
Tax Registration, Police Background Check, and any other documentation
required by the Division of Tax Abatements/Special Taxes.
1.
An application for a Shared Kitchen Supplemental License shall not
require a new Certificate of Occupancy, Fire Certificate or Trade
Waste Permit if those certificates are held by the primary business.
2.
It shall be a condition of all licenses under this Section that all
information in the license application be kept current. Any change
in required information shall be reported to the Division of Tax Abatement
and Special Taxes, the Business Administrator and the Department of
Health and Community Wellness within 14 days of the such change.
3.
All approved licenses shall adhere to the requirements established
by the Department of Health and Community Wellness pertaining to inspections
required to secure a license and post license inspections.
4.
The fee for a Shared Kitchen License shall be $650 and expire two
years from the date of issuance. The fee for a Shared Kitchen -Supplemental
License shall be $350, and is additional to any other required business
license fee.
5.
All local property taxes, water and sewer charges or bills owed to
the City, must be current at the time of all applications for licenses
under this Section.
f.
Penalty.
1.
Any person who violates any provision of this section shall, upon
conviction thereof, be punished by a fine not exceeding $1,000 or
by imprisonment for a term not exceeding 90 days, or both. A separate
offense shall be deemed committed on each day during or on which a
violation occurs or continues.
2.
Shared Kitchen Operators or Shared Kitchen Supplemental Operators
operating without a license shall be closed pending application and
approval of a license by the Department of Health, the Division of
Tax Abatement and Special Taxes and any other applicable licenses
according to the provisions of this Chapter.
3.
Shared Kitchen Operators and Shared Kitchen Supplemental Operators
engaged in operation without a license, which have failed to renew
a license within 30 days after notification of renewal from the Division
of Tax Abatement and Special Taxes or which have had their license
suspended or revoked by the Department of Health shall also be subject
to a fine not to exceed $250 per day or by imprisonment for a term
not exceeding 90 days, or both. A separate offense shall be deemed
committed on each day during or on which a violation occurs or continues.
[Ord. 6PSF-D, 2-22-2019]
a.
ADDITIONAL FOOD PREPARATION EQUIPMENT
DEPARTMENT OF HEALTH
EQUIPMENT
FOOD SAFETY OPERATIONS
POTENTIALLY HAZARDOUS FOOD
SHARED KITCHEN
SHARED KITCHEN LICENSEE
SHARED KITCHEN LONG-TERM USER
SHARED KITCHEN SHORT-TERM USER
SHARED KITCHEN USER
SHARED KITCHEN USER LICENSEE
Definitions.
Shall mean any food preparation equipment used at a shared
kitchen by a shared kitchen user that is not the property of such
shared kitchen.
Shall mean the Department of Health and Community Wellness
of the City of Newark.
Shall have the meaning ascribed to the term in Section 8:12-14, paragraph a.
Shall have the meaning ascribed to the term in Subsection (a) of Section 8:12-14, paragraph a.
Shall have the meaning ascribed to the term in Subsection (a) of Section 8:12-14, paragraph a.
Shall have the meaning ascribed to the term in Section 8:12-14 paragraph a as amended by this ordinance.
Shall mean any person licensed or required to be licensed under Section 8:12-14, paragraph b.
Shall mean a shared kitchen user who utilizes, leases or
rents a kitchen space at any licensed shared kitchen for a term of
two years.
Shall mean a shared kitchen user who utilizes, leases or
rents kitchen space at a shared kitchen for ninety or fewer consecutive
days.
Shall have the meaning ascribed to it in Section 8:12-14, paragraph a.
Shall mean any person licensed or required to be licensed under Section 8:12-14, paragraph c,1.
b.
Shared Kitchen User License required - Covered activities.
1.
A shared kitchen user license under this Section is authorized to
engage in any of the following business activities ("covered business
activities"): (1) shared kitchen long-term user; or (2) shared kitchen
short-term user. The business activity authorized under the shared
kitchen user license shall be indicated on the face of such license.
2.
Shared Kitchen Long-Term User. A shared kitchen user license under
this Section authorizing the holder of such license to engage in the
business of shared kitchen long-term user is subject to no limitation
on (1) the number of calendar days that such long-term user may utilize,
lease or rent a properly licensed shared kitchen during the applicable
two-year license period, or (2) the number of properly licensed shared
kitchens that such long-term user may utilize, lease or rent during
the applicable two-year license period. Nothing in this Subsection
shall be construed to prohibit a shared kitchen from renting, leasing
or otherwise authorizing the use of such licensee's shared kitchen
for a period of less than two years.
3.
Shared Kitchen Short-term User. A shared kitchen user license under
this Section authorizing the holder of such license to engage in the
business of shared kitchen short-term user entitles such licensee
to utilize, lease or rent space at a properly licensed shared kitchen,
or any combination or properly licensed shared kitchens, for a period
not to exceed 90 consecutive calendar days as measured from the date
that such shared kitchen user license is issued. Nothing in this subsection
shall be construed to prohibit a shared kitchen licensee from renting,
leasing or authorizing the use of such licensee's shared kitchen for
a period of less than 90 consecutive calendar days.
4.
All applications for a Shared Kitchen User License shall be made
to the Division of Tax Abatements and Special Taxes and shall follow
the requirements of securing a Health Certificate, Background Check
and Payroll Tax Registration. Each applicant shall submit as part
of its application all the current certificates of the Shared Kitchen
Operator, including Certificate of Occupancy, Trade Waste Permit,
Fire Certificate, Health Certificate and a New Jersey Business Registration
Certificate and shall include with its application the lease, license
agreement or rental agreement with the Shared Kitchen Operator.
5.
All applications for Shared User License must be accompanied by a
menu approved by the Health Department containing the food items the
applicant intends to prepare, store, taste test, develop, package
or otherwise handle or use for the food related purposes at the Shared
Kitchen.
6.
An application under this Subsection shall not be required to procure
a Trade Waste Permit, Certificate of Occupancy and Fire Certificate,
provided that the shared kitchen operator has the aforementioned certificates
and permits.
7.
The fee for a Shared Kitchen User License — Long-Term shall
be $350 and expires two years from the date of issuance. The fee for
a Shared Kitchen User License-Short-Term shall be $125 and expires
90 days from the date of issuance.
8.
All applications for a Shared Kitchen User License shall list the
name and address of the Shared Kitchen that is being leased and the
Division of Tax Abatements/Special Taxes shall organize all approved
Shared User Licenses under the name of the Shared Kitchen Operation
that is being leased.
9.
All local property taxes, water and sewer charges or bills owed to
the City, must be current at the time of all applications for licenses
under this Section.
c.
Penalty.
1.
Any person who violates any provision of this section shall, upon
conviction thereof, be punished by a fine not exceeding $1000 per
day or by imprisonment for a term not exceeding 90 days, or both.
A separate offense shall be deemed committed on each day during or
on which a violation occurs or continues.
2.
Shared Kitchen Long-Term Users or Shared Kitchen Short-term Users
utilizing a Shared Kitchen without a license shall not be allowed
to utilize a Shared Kitchen until approval of a license according
to the provisions of this chapter.
3.
Shared Kitchen Long-Term Users or Shared Kitchen Short-term Users
utilizing a Shared Kitchen without a license, which have failed to
renew a license within 30 days after notification of renewal from
the Division of Tax Abatement/Special Taxes or which have had their
license suspended or revoked by the Department of Health shall also
be subject to a fine not to exceed $250 per day or by imprisonment
for a term not exceeding 90 days, or both. A separate offense shall
be deemed committed on each day during or on which a violation occurs
or continues.
