[Amended 7-5-2017; 2-13-2024 by Ord. No. BOH 24-001; 9-10-2024 by Ord. No. BOH 24-002; 4-8-2025 by Ord. No. BOH 25-001; 10-14-2025 by Ord. No. BOH 25-002]
A. 
A license and/or permit shall be obtained from the Health Department by every person who shall conduct, operate or maintain within the Borough any fixed or mobile food establishment. Such license shall be obtained before engaging in or maintaining any of the below mentioned businesses.
B. 
License and permit fees. The annual license and permit fees for retail food establishments are hereby fixed below and are hereby to expire on March 1, 2027. Any licensed retail food establishment where a conditionally satisfactory evaluation is posted, a reinspection fee of $75 must submitted to the Bergenfield Health Department within 10 days of the reinspection to be conducted.
(1) 
Failure to submit the required reinspection fee within 10 days of the reinspection will result in an indefinite conditional satisfactory evaluation. If a reinspection is conducted and a conditionally satisfactory evaluation is consecutively posted the procedures of § 344-27. Suspension of the license shall follow and therefore summons may be issued for each individual violation, summons to ensure compliance with all local ordinances and state regulations.
(2) 
Food establishments without seating such as convenience stores, delis, bakeries, liquor stores, and other take-out establishments not otherwise listed: $200.
(3) 
Restaurants, catering halls, cafeterias, bars and any other food establishments that have seating:
Number of Seats:
Fee
1 to 25
$200
26 to 50
$275
51 to 100
$325
101 and above
$375
(4) 
Individual prep kitchens, satellite or catered feeding locations: $250.
(5) 
Meat markets, fish markets, or butcheries: $250.
(6) 
Water bottle establishments: $200.
(7) 
Grocery stores, supermarkets, farmers markets and retail food warehouses:
Maximum Selling Area:
Fee
Up to 2,500 sq ft
$175
2,501 to 5,000 sq ft
$200
5,001 to 10,000 sq ft
$250
(a) 
For each additional 5,000 sq ft or any portion of: $75.
(8) 
Mobile ice cream, italian ice or other frozen confectionary product: $150.
(9) 
Vending machine.
(a) 
Gumball type:
[1] 
First coin slot: $15.
[2] 
Each additional coin slot: $5.
(b) 
Pre-packaged food, pre-packaged drinks, or other non-potentially hazardous food or drink: $25.
(c) 
Non-pre-packaged cooked or frozen foods, non-pre-packaged drinks, or other potentially hazardous food or drinks: $35.
(d) 
Ice: $45.
(10) 
Mobile food vendor, excluding food establishments listed in § 344-26B(6): $150.
(11) 
Senior residences, assisted living, nursing homes, senior day cares: $250.
(12) 
Establishments that only sell prepackaged or unpackaged non potentially hazardous food, drinks supplemental to the primary business: $75.
(13) 
Temporary food establishment: $40.
(14) 
Seasonal food establishment: $175.
(15) 
Special event food permit: $35.
(16) 
Borough-owned snack stands: fee exempt.
(17) 
Nonprofit, civic, and religious organizations: fee exempt.
C. 
Retail food establishment licenses. All retail food establishment licenses, with the exception of vending machine licenses, shall expire on the 31st day of May following their issuance.
(1) 
Penalties. There shall be a penalty for retail food establishment license fees received after the 10th day following the expiration dates as stipulated in Subsection C. Nothing herein shall be construed to extend the time in which fees are payable.
(a) 
License fees of $100 or less shall be assessed as a penalty of $10 for a period not to exceed 30 days after the license expiration date. Penalties shall be assessed at an additional $10 for each thirty-day period, or portion thereof, after the initial penalty period.
(b) 
License fees of $101 or more shall be assessed as a penalty of $25 for a period not to exceed 30 days after the license expiration date. Penalties shall be assessed at an additional $25 for each thirty-day period, or portion thereof, after the initial penalty period.
(2) 
All penalty fees shall be paid with the initial license application and fee prior to the issuance of said license.
D. 
Vending Machine License. All vending machine licenses shall expire annually on the 28th of February following their issuance.
(1) 
Vending machine licenses shall be assessed as a penalty of $5 per machine for a period not to exceed 30 days after the license expires. Penalties shall be assessed at an additional $5 for each thirty-day period, or portion thereof, after the initial penalty period per licensed machine.
(2) 
All penalty fees shall be paid with the initial license application fee prior to the issuance of said license.
E. 
Temporary food establishment licenses. The Health Department may issue a temporary food license at the time a new license or when renewal is sought. The temporary license shall be for a specified period, not to exceed 30 days, during which the licensee shall meet any conditions set forth by the Health Officer or his/her authorized agent(s). Upon expiration of the temporary license the license holder shall cease operation unless the Health Department has reissued a temporary license or granted a regular license.
F. 
All special events require a special event food permit if food, drinks, food products or pre-packaged goods are being offered for sale and/or donated within the Borough of Bergenfield, not to exceed a duration of five days.
(1) 
No person, business or entity shall participate in a special event without first obtaining a special event food permit from the Health Department if food or food products that are prepared for retail sale, given away being sold and/or proceeds are being donated.
(2) 
An application for a special event food permit shall be submitted to the Health Department with the required fee at least 14 days in advance of the projected event.
(3) 
A $5 late application fee shall apply if the application is received by the Health Department less than three business days prior to the event.
(4) 
Submission of all special event applications shall include the following but not limited to:
(a) 
A copy of a valid food manager and/or handling certification based on risk of the retail food establishment operation for the person in charge during the special event.
(b) 
A copy of a valid retail food establishment license permitted by a local health department or municipal jurisdiction for your mobile retail establishment and/or the commissary facility.
(c) 
A copy of an annual risk-based health inspection report or submission of most recent evaluation or placard indicating an inspection of the establishment and-or commissary facility. This inspection shall be conducted within 12 months of the date of the special event.
(d) 
If a mobile food establishment operates out of a facility which they enlist retail food operation.
(e) 
Any additional documentation required by the Health Department based on the risk assessment of the operation.
(5) 
Approval or denial of the mobile retail establishment operation will be given after the Health Department has reviewed and approved their application and/or an inspection has been conducted on the first day of the event. Approved permits must be posted in a conspicuous place.
(6) 
No retail food establishment shall conduct service or operation until a permit has been granted from the Bergenfield Health Department to the Retail food establishment either on the first day of the event, mailed or hand-delivered.
(a) 
Retail food vendors must be set up to operate at least 30 minutes before the events start time.
(b) 
Mobile retail food establishments which were not issued a special event food permit will be required to leave the event area. Applications will not be accepted or approved on the day of the event.
(7) 
Any special event permit issued under the provisions of this article may at any time after issued be revoked for any of the following reasons:
(a) 
The violation of any of the provisions of this Code
(b) 
The violation of any statute of the State of New Jersey dealing with health and sanitary practices and procedures.
(c) 
A false misrepresentation of a material fact on the special event permit application form.
(d) 
Failure to submit requested information or comply with lawful directives of the Board of Health, the Health Officer, or his authorized agent(s).
(e) 
A false misrepresentation of a material fact on the special event permit or application form.
(f) 
A risk-based inspection is conducted where an evaluation of “conditional satisfactory” or “unsatisfactory" is posted to the retail food establishment or commissary by the local health department.
(8) 
All foods, drinks and/or food products shall be obtained from a source which is commercially in compliance with applicable state and local laws and regulations.
(9) 
All food, food products and/or drinks must be prepared or purchased from a licensed and approved facility. If preparation on site is necessary and/or the special event vendor does not have a commercial establishment, valid proof of a commissary agreement shall be submitted with the application.
(10) 
Food prepared in a private home shall not be used or offered for human consumption during a special food event with the exception that the person or entity that engages in the production, distribution, and/or sale of food to consumers has a valid cottage food operator permit issued by the New Jersey Department of Health. Such person or entity shall comply as a retail food establishment to local and state regulations set forth in N.J.A.C Chapter 24 “Sanitation in Retail Food Establishments, Food and Beverage Vending Machines and Cottage Food Operations” and the Bergenfield Sanitary Chapter 344 during events.
G. 
Penalties. There shall be charged a penalty for license fees received after the 10th day following the expiration dates as stipulated in Subsection C. Nothing herein shall be construed to extend the time in which fees are payable.
(1) 
License fees of $100 or less shall be assessed a penalty of $10 for a period not to exceed 30 days after the license expiration date. Penalties shall be assessed at an additional $10 for each thirty-day period, or portion thereof, after the initial penalty period.
(2) 
License fees of $101 or more shall be assessed a penalty of $25 for a period not to exceed 30 days after the license expiration date. Penalties shall be assessed at an additional $25 for each thirty-day period, or portion thereof, after the initial penalty period.
(3) 
Vending machine licenses shall be assessed a penalty of $5 per machine for a period not to exceed 30 days after the license expires. Penalties shall be assessed at an additional $5 for each thirty-day period, or portion thereof, after the initial penalty period per licensed machine.
(4) 
All penalty fees shall be paid inclusive with the initial license fee.
H. 
Special events requiring a special event food permit shall include, but not be limited to bazaars, flea markets, parades, picnics, carnivals, sidewalk sales and any other event not to exceed five days' duration.
I. 
Informal hearings. The Health Officer, as a result of any conditionally satisfactory or unsatisfactory evaluation report or other documenting serious violations may ask the holder of a license to attend an informal hearing with the Health Officer and one or more Registered Environmental Health Specialist(s) related violations within the establishment, actions necessary to correct said violations and a reasonable time schedule for completion. The Health Officer shall make a narrative record of the hearing which shall be the basis for a proposed consent agreement listing the deficiencies, corrections needed and time schedule for completion. Refusal to attend an informal Hearing or sign a consent agreement may result in a suspension of license pursuant to § 344-27 of this code.
J. 
Sale of vapor products.
(1) 
Definitions. As used in this article, the following terms shall have the meanings indicated:
BOARD OF HEALTH
The Board of Health of the Borough of Bergenfield with statutory powers under Title 26 of the New Jersey Statutes.
CHARACTERIZING FLAVOR
"Characterizing flavor" means a distinguishable flavor, taste, or aroma other than tobacco, including, but not limited to, any fruit, chocolate, vanilla, honey, candy, cocoa, dessert, alcoholic beverage, herb, mint, menthol, wintergreen, or spice flavoring, that is imparted, prior to or during consumption, by a vapor product, including any smoke or vapor emanating from that product. A vapor product shall be deemed to have a characterizing flavor if the product is advertised or marketed as having or producing any such distinguishable flavor, taste, or aroma.
HEALTH DEPARTMENT
The Health Department of the Borough of Bergenfield.
HEALTH OFFICER
The Bergenfield Health Officer or designee.
PERSON
An individual, partnership, cooperative, association, corporation, personal representative, receiver, trustee, assignee, or any other legal entity.
VAPE
A vapor product.
VAPING
The inhalation of vapor from vapor product.
VAPOR BUSINESS
A retail business where vapor products are offered for sale.
VAPOR PRODUCT
(a) 
"Vapor product" means any device that may be used to deliver any aerosolized or vaporized substance to the person inhaling from the device, including, but not limited to, an e-cigarette, e-cigar, e-pipe, vape pen, or e-hookah. "Vapor product" includes any component, part, or accessory of the device, and also includes any substance that may be aerosolized or vaporized by such device, regardless of whether the substance contains nicotine. "Vapor product" include all products sold, marketed, or intended for use in a vapor product.
(b) 
"Vapor product" does not include any drug, device, or combination product approved by the federal Food and Drug Administration pursuant to the "Federal Food, Drug, and Cosmetic Act," 21 U.S.C. § 301 et seq.
(2) 
Retail sale of vapor products.
(a) 
Retail sale of vapor products.
[1] 
No person shall sell vapor products in the Borough of Bergenfield unless the sale of such products is controlled by an employee of the establishment. A person may only sell vapor products in a direct, face-to-face exchange between the retailer and the consumer. Self-service displays of vapor products shall be prohibited. All vapor products shall be located behind a service counter and out of reach to customers without the assistance of the salesperson.
[2] 
No person shall distribute, or cause to be distributed, any samples or permit sampling of vapor products.
(b) 
Vapor products with a characterizing flavor prohibited. No person, either directly or indirectly by an agent or employee, shall sell, offer for sale, distribute for commercial purpose at no cost or minimal cost or with coupons or rebate offers, give or furnish, to a person any vapor product that has a characterizing flavor.
(c) 
Age requirements and verification.
[1] 
Any person selling vapor products shall verify by means of government-issued photographic identification containing the bearer's date of birth that any person purchasing the vapor product is 21 years of age or older.
[2] 
Any person selling vaping products must be at least 21 years of age.
[3] 
No person shall allow an employee to sell or distribute vapor products until the employee has read the Borough of Bergenfield Ordinances and state laws pertaining to the sale or distribution of vapor products and has signed a statement that the employee has read such ordinances and state laws. Such form statement will be supplied by the Health Department, and the signed original statement shall be kept on file by the person and made available for review by the Health Officer or their designee during inspections.
(d) 
Posting of notice. A sign, no less than six inches by eight inches, shall be posted, in a manner that makes it immovable, in a conspicuous place near each cash register or point of sale in any retail establishment which sells vapor products with the following legend: "SALE OF VAPE PRODUCTS TO PERSONS UNDER THE AGE OF 21 IS PROHIBITED BY LAW." Legal proof of age must be shown. Any person who sells or offers to sell vapor products to a person under 21 years of age may be prosecuted in accordance with state and local ordinance.
(3) 
License.
(a) 
License requirements.
[1] 
No person shall sell, market, offer for sale or distribute vapor products without first obtaining a retail vapor product license from the Health Department.
[2] 
An application for a retail vapor product license may be obtained from the Health Department.
[3] 
A retail vapor product license is separate from and in addition to any retail food or other licenses issued by the Borough of Bergenfield and the Health Department.
[4] 
No temporary or itinerant persons shall be permitted to obtain a retail vapor product license.
[5] 
An application for a retail vapor product license may be denied if the applicant has a history of prior violations of the Borough's health code and/or state law.
(b) 
License fee.
[1] 
Fees in accordance with the following schedule shall be paid before any a license shall be issued.
Annual retail vapor product license fee: $400
[2] 
Annual license fees for new licenses are not prorated unless there is a change of ownership.
[3] 
Annual licenses are not transferable. The Health Department must be notified of any change in ownership, and a new application must be submitted.
[4] 
Licenses issued under the provisions of this article, unless suspended or revoked by the Health Department, shall expire annually on the last day of May. Renewal applications must be filed with the Borough Health Department on or before June 1 of each calendar year.
[5] 
All licensing fees shall be paid to the Health Department by check or cash.
[6] 
Failure to renew a vapor license by June 15 of each licensing year will result in a penalty of $100 for each 30 days that a complete renewal application is not received.
(c) 
License posting. The Health Department will issue a license placard that shall be posted in a conspicuous place in each licensed establishment.
(4) 
Inspection and access to premises.
(a) 
The Health Officer or their authorized agent may inspect any premises where vapor products are sold during business hours as often as they deem necessary.
(b) 
The Health Officer or their authorized agent or a duly appointed Bergenfield Police Officer shall be permitted to enter and inspect the premises for compliance with this section.
(c) 
It shall be unlawful for any person to hinder, impede, or fail to allow the Health Officer or their designee access to all areas of the establishment for inspection.
(d) 
The owner or operator of any licensed premises shall present invoices for all purchases of vapor products to the Health Officer or their designee upon request.
(5) 
Violations and penalties.
(a) 
A person who violates any of the provisions of this subsection shall be liable to a penalty of not less than $1,000 for the first violation, not less than $2,000 for the second violation, and each subsequent violation. An official authorized by this subsection to enforce the State or local health codes, or a law enforcement officer having enforcement authority in this municipality, may issue a summons for a violation of the provisions of this ordinance The penalty shall be paid into the treasury of Bergenfield.
(b) 
Each violation of a provision of this article shall constitute a separate violation.
(c) 
The commission of a second offense shall result in a mandatory revocation of the license pursuant to Subsection J(6) of this section.
(d) 
The foregoing civil penalties are in addition to any penalties that may be imposed under N.J.S.A. 2C:33-13.1 et seq.
(e) 
The defenses enumerated in N.J.S.A. 2A:170-51.4b and N.J.S.A. 2C:33-13.1b shall constitute defenses to any prosecution brought pursuant to Subsection J(2) herein.
(6) 
Suspension and revocation.
(a) 
Reasons for suspension and/or revocation of license.
[1] 
Licenses issued under this article may be revoked or suspended by the Health Officer, or their designee, for the following reasons:
[a] 
Fraud, misrepresentation, or false statement in the license application;
[b] 
Fraud, misrepresentation, or false statement made to a Borough Official while operating the licensed business in the Borough of Bergenfield;
[c] 
The owner, operator or any employee refuses to permit, hinders, or obstructs the Health Officer or their designee or any duly authorized Bergenfield police officer in an inspection of the premises or the operations therein; and
[d] 
Any violation of this article, the Borough Code, or the laws of the State of New Jersey.
[2] 
A person, firm, corporation, or other entity whose license has been suspended or revoked shall close the establishment and request all patrons to vacate the premises.
(b) 
Hearings for continual suspension and/or revocation of license.
[1] 
The licensee shall be entitled to a hearing before the Health Officer within a reasonable time, which is not to exceed 10 days, for the purpose of seeking reinstatement of a suspended or revoked license.
[2] 
Written notice of the time and place of such a hearing shall be served upon the licensee by the Health Officer at least three days prior to the date set for such hearing. Such notice shall contain a brief statement of the grounds to be relied upon for revoking, cancelling, or suspending such license.
[3] 
Notice may be given either by personal delivery thereof to the person to be notified or be deposited in the United States Post Office in a sealed envelope, postage prepaid, addressed to such person to be notified at the business address appearing upon such license by simultaneous regular mail and certified mail, return receipt requested.
[4] 
At the hearing before the Health Officer, the licensee shall have an opportunity to answer and may thereafter be heard; and upon due consideration and deliberation by the Health Officer, the complaint may be dismissed; or if the Health Officer concludes that the charges have been sustained and substantiated, the Health Officer may deny reinstatement of the license and stipulate the conditions required for reinstatement of the license.
[5] 
If any such license shall have been suspended or 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 of Bergenfield, unless the application for such license shall be approved by the Health Department.
[6] 
Upon the revocation of a license, the holder of the revoked license shall not sell or dispose of the vapor products except to an authorized retailer of such products. A copy of the bill of sale for such products shall be provided to the Health Officer upon any such sale or other disposition.
[Amended 2-13-2024 by Ord. No. BOH 24-001; 9-10-2024 by Ord. No. BOH 24-002]
A. 
A license may be suspended by the Health Officer for any of the following reasons:
(1) 
The violation of any of the provisions of this Code.
(2) 
The violation of any statute of the State of New Jersey dealing with health and sanitary practices and procedures.
(3) 
A misrepresentation of a material fact on the retail food establishment license application form.
(4) 
Failure to comply with lawful directives of the Board of Health, the Health Officer or his/her authorized agent(s).
(5) 
Two consecutive evaluations of "conditional satisfactory" by the Health Officer or his/her authorized agent(s).
B. 
If the Health Officer elects to suspend a license, the license holder shall have the right to a suspension hearing where the Board will consider whether the license should continue to be suspended or whether the license should be reinstated.
C. 
In order for the suspension to go into effect, the Health Officer must notify the license holder in writing by the issuing a notice of suspension to the license holder through any of the below methods:
(1) 
Personally serving a notice of suspension upon the license holder, or their registered agent(s);
(2) 
Sending a notice of suspension by certified or registered mail, addressed to the license holder at the address stated in the license; or
(3) 
Posting the notice of suspension securely on or near the main entrance door of the establishment. If there is more than one entrance door, the notice shall be posted on the one which, in the discretion of the Health Officer, is most used by the public.
D. 
The notice of suspension shall include the following:
(1) 
The reason for the suspension, such reasons are listed above in § 344-§ 1. § 1. 27A.
(2) 
The hearing date for the suspension hearing. Said hearing date to be heard before the Board of Health will occur no earlier than 24 hours after the notice of suspension has been issued and no later than 14 days after the notice of suspension has been issued.
E. 
Once the notice of suspension has been issued to the license holder through any of the methods outlined in § 344-27C, the license holder shall cease operations of any business, discontinue every activity or use previously permitted under the license, and the Health Officer or registered agent(s) shall effectuate the closure of the establishment, which shall consist of issuing an unsatisfactory evaluation to the license holder.
F. 
Suspension hearing protocol. The Board of Health shall function as hearing officers. Testimony shall be offered by the Health Officer and registered environmental health specialist(s) as well as the licensee holder and any employee(s). An attorney may be present to represent the license holder and/or the Board of Health. A verbal recording shall be taken on tape.
G. 
Failure to appear. A licensee who fails to appear at the time and place fixed for the suspension hearing shall not be entitled to any further hearing, and in that event the license may, as a matter of course, be suspended indefinitely.
H. 
License restoration. The Board of Health, after a suspension hearing, may either:
(1) 
Allow the license holder to resume operations pending full compliance with all applicable codes and statutes, so long as the license holder applies for a new license and pays all applicable fees;
(2) 
Move to suspend the license indefinitely; or
(3) 
Move to revoke the license pursuant to § 344-28.
[Amended 2-13-2024 by Ord. No. BOH 24-001; 9-10-2024 by Ord. No. BOH 24-002]
A. 
A license may be revoked by the Board of Health for any of the following reasons:
(1) 
Failure to comply with § 344-27A of this Code.
(2) 
Two or more retail food license suspensions within a twelve-month licensing period.
B. 
Before the Board of Health can revoke a license, the license holder shall have the right to a revocation hearing where the Board will consider whether the license should be revoked.
C. 
The Health Officer shall notify the license holder in writing of the revocation hearing by the issuing a notice of potential revocation to the license holder through any of the below methods:
(1) 
Personally serving a notice of potential revocation upon the license holder, or their registered agent(s);
(2) 
Sending a notice of potential revocation by certified or registered mail, addressed to the license holder at the address stated in the license; or
(3) 
Posting the notice of potential revocation securely on or near the main entrance door of the establishment. If there is more than one entrance door, the notice shall be posted on the one which, in the discretion of the Health Officer, is most used by the public.
D. 
The notice of potential revocation shall include the following:
(1) 
The reason for the potential revocation, such reasons are listed above in § 344-28A.
(2) 
The hearing date for the revocation hearing. Said hearing date will occur not earlier than 24 hours after the notice of suspension has been issued and no later than 14 days after the notice of potential revocation has been issued.
E. 
Once the notice of potential revocation has been issued to the license holder through any of the methods outlined in § 344-28C, the license holder shall cease operations of any business, discontinue every activity or use previously permitted under the license, and the Health Officer or registered agent(s) shall effectuate the closure of the establishment, which shall consist of issuing an unsatisfactory evaluation to the license holder.
F. 
Revocation hearing protocol. The Board of Health shall function as hearing officers. Testimony shall be offered by the Health Officer and registered environmental health specialist(s) as well as the licensee holder and any employee(s). An attorney may be present to represent the licensee holder and/or the Board. A verbal recording shall be taken on tape.
G. 
Failure to appear. A licensee who fails to appear at the time and place fixed for the revocation hearing shall not be entitled to any further hearing, and in that event the license may, as a matter of course, be revoked indefinitely.
H. 
License restoration. The Board of Health, after a revocation hearing, may either:
(1) 
Revoke the license; or
(2) 
Allow the license holder to continue operations under the current license.
[Amended 5-2008; 10-20-2020 by Ord. No. 20-2573]
A. 
Definition. For purposes of this section, a "mobile food vendor" is defined as anyone who sells non-prepackaged prepared food or beverages from a nonpermanent location to the public-at-large, whether such food or beverages are prepared on site or prepared elsewhere and transported to the site of the sale. It includes, but is not limited to, anyone who sells such food or beverages from a vehicle, whether motorized or nonmotorized, such as a truck, van, trailer, or pushcart. It does not include:
(1) 
A vendor selling fresh, uncut fruits and/or vegetables at a community farmer's market.
(2) 
Deliveries of food to customers from a licensed retail food establishment operating from a fixed location.
(3) 
The sale of ice cream, ice cream products, water ices or frozen confectionary products, which is regulated by Chapter 227 of the Borough Code.
(4) 
The sale of prepackaged food and beverages (except hot coffee, cocoa and tea).
B. 
Annual mobile food vendor license required.
(1) 
All mobile food vendors are required to obtain an annual mobile food vendor license from the Department of Health, along with any other approvals required by this section or any other provision of the Borough Code, before commencing the sale of any food or beverages with the Borough of Bergenfield. Mobile food vendor licenses are valid for a 365-day period (or 366 days in the event of a leap year) from the date of issuance.
(2) 
The annual Department of Health license fee is $150.
(3) 
There shall be a maximum of 10 mobile food vendor licenses available. If the license maximum is reached, the Department of Health shall offer any licenses that thereafter become available because an existing license holder's license has been revoked or non-renewed to a new applicant on a first-come, first-served basis. The Department of Health shall maintain a waiting list and notify the prospective applicant on the top of the list that a license has become available, and at such time the prospective applicant shall have five business days from notification to either file an application for the license or be removed from the waiting list.
(4) 
At any time a mobile food vendor is conducting the sale of food or beverages within the Borough, the mobile food vendor shall prominently display copies of 1) the annual mobile food vendor license issued by the Department of Health; 2) a certificate of registration issued by the New Jersey Division of Taxation; and 3) the operating permit allowing the mobile food vendor to serve food and beverages at a particular location, issued by the Department of Health.
(5) 
Mobile food vendor licenses are not transferrable and may not be sold or leased to any other party.
(6) 
Mobile food vendors are subject to random inspections by the Department of Health at any time they are serving food or beverages within the Borough.
C. 
Application process.
(1) 
Before issuing a mobile food vendor license, the Department of Health shall obtain all information and documentation necessary in its judgment to ensure that the applicant is prepared to meet all of the requirements of the New Jersey State Sanitary Code and is capable of safe and sanitary operation.
(2) 
The applicant must provide documentation that at least one person working for the mobile food vendor is a certified food protection manager, or holds a food handler's certificate issued by an organization recognized by the State of New Jersey to provide certified food protection manager training.
(3) 
If the mobile food vendor intends to serve food or beverages from a vehicle, whether motorized or nonmotorized, such as a truck, van, trailer or pushcart, proof of ownership of the vehicle must be supplied, along with proof of general liability insurance with at least $500,000 in coverage. If the vehicle is motorized, proof of motor vehicle insurance as required by N.J.S.A. 39:6B-1 must be supplied. The Department of Health shall inspect and approve any vehicle to be used in the operations of a mobile food vendor before issuing a mobile food vendor license.
D. 
Fire permits required for certain operations. All mobile food vendors shall comply with any requirements established by the Fire Department and as set forth by the New Jersey Uniform Fire Code to ensure that the operations of the mobile food vendor do not present a fire hazard. Any mobile food vendor using any flame in its operations or utilizing a tent or canopy 30 or more feet in length must pay the applicable fee (as established by the New Jersey Department of Community Affairs) and obtain a Type I permit issued by the Bergenfield Fire Department, Bureau of Fire Prevention before commencing operations. If an inspection is required during nonbusiness hours of the Bureau of Fire Prevention, the mobile food vendor shall pay a $100 surcharge in addition to the applicable fee. The Fire Department is empowered to conduct safety checks of any mobile food vendor to ensure compliance with the New Jersey Uniform Fire Code.
E. 
Where mobile food vendors may and may not operate.
(1) 
Commercial/industrial/office/property: mobile food vendors may operate on a private commercial, industrial or office property that is located within M & B-2 zone in the Borough under the following terms, conditions and requirements:
(a) 
The mobile food vendor must be situated at least 100 feet away from the main entrance of any licensed restaurant, luncheonette or tavern that serves food.
(b) 
Prior to allowing a mobile food vendor to operate on a private commercial, industrial or office property that property must be approved for a zoning permit from the Department of Building, Housing and Land Use. The zoning permit applicant must be the property owner or an authorized agent of the property owner. As part of the application for this zoning permit, the applicant shall submit notarized documentation that the property owner, or an authorized agent of the property owner, has authorized mobile food vendors to operate on the property and further consents to allowing Borough officials onto the property to enforce the provisions of this section. This documentation shall include a phone number and email address for at least one representative of the property owner who may be contacted by the Borough during the period when the zoning permit is in effect and is empowered to address any concerns that may arise. The zoning permit shall be valid for a period of up to 90 days and shall be renewable for an unlimited number of times. The fee for each zoning permit (including renewals) is $50.
(c) 
A maximum of one mobile food vendor shall be allowed to operate on a private commercial, industrial or office property at any particular time. However, the zoning permit does not restrict the property from hosting different mobile food vendors over the entirety of ninety-day period the zoning permit is valid so long as only one mobile food vendor is operating on the property at any one time.
(d) 
Exceptions to the one-mobile-food-vendor limit may be granted by the Borough Administrator and only in connection with a special event open to the general public, such as a fair, festival or carnival, not to exceed five days in length. In the case of a one-day event, the Borough Administrator has the authority to expand the number of vendors as needed.
(e) 
Mobile food vendors may not operate on any private commercial, industrial or office property outside of a M & B-2 zone, except as authorized by the Borough Administrator and only in connection with a special event open to the general public, such as a fair, festival or carnival, not to exceed five days in length.
(2) 
Public property/parks. No mobile food vendor may operate on public property, including a Borough park, field or parking area adjacent thereto, except as authorized by the Borough Administrator and only in connection with a special event open to the general public, such as a fair, festival or carnival, not to exceed five days in length.
(3) 
Residential property. Mobile food vendors are not normally allowed to operate on residential property. Exceptions are for 1) an approved residential block party or 2) an approved private catering arrangement. In either circumstance, the mobile food vendor and residential property must be in compliance with all other applicable Borough code requirements. An application to operate on a residential property shall be made to the Borough Administrator at least 10 business days in advance of the event at and authorization shall be granted for no greater than a two-day period.
(4) 
Public streets and sidewalks. Mobile food vendors are prohibited from serving food or beverage along any public street, including from any metered or nonmetered parking space along any public street, or any public sidewalk or right-of-way. The Borough Administrator may grant limited exceptions from this requirement on a case-by-case basis when the public interest requires.
(5) 
Other property within the Borough. Mobile food vendors may not operate on any other property within the Borough not specifically mentioned in Chapter 186 Attachment 1, Schedule A, except as authorized by the Borough Administrator and only in connection with a special event open to the general public, such as a fair, festival or carnival, not to exceed five days in length.
F. 
Dates, hours and other conditions of operation.
(1) 
At least five business days prior to operating on any private commercial, industrial or office property within the Borough, a mobile food vendor shall file with the Department of Health a schedule of the dates and times it will be serving food and beverages for the ninety-day period at each location where a zoning permit has been granted pursuant to Chapter 186 Attachment 1, Schedule A. Any changes to that schedule shall be filed with the Department of Health at least three business days in advance. Provided all of the requirements of this section are met, the Department of Health shall issue an operating permit authorizing the mobile food vendor to serve food and beverages on that specific private commercial, industrial or office property. A separate operating permit shall be required for every property on which a mobile food vendor will be conducting operations. There is no charge for an operating permit.
(2) 
It shall be a violation of this section for a mobile food vendor to serve food and beverages at any other time than as set forth on the schedule it has filed with the Department of Health for a specific private commercial, industrial or office property.
(3) 
Maximum operating hours for any mobile food vendor are 10:00 a.m. until 7:00 p.m., seven days per week.
(4) 
Mobile food vendors shall make every effort to minimize noise and odors while in operation and shall ensure that customers have trash receptacles readily available on site, or some other adequate means to ensure the proper disposal of any food or other waste generated.
(5) 
Mobile food vendors utilizing motorized vehicles are prohibited from parking any such vehicle on any property where the mobile food vendor has been authorized to serve food and beverage between the hours of 11:30 p.m. and 6:00 a.m. the following morning. This provision shall not apply if the motorized vehicle is stored in a garage located on the property. Exceptions may be granted by the Borough Administrator for no more than five nights and only in connection with a special event open to the general public, such as a fair, festival or carnival.
(6) 
A mobile food vendor shall not provide or allow any dining area, including but not limited to tables, chairs, booths, bar stools, benches, or standup counters, in connection with its operations. The foregoing shall not apply to already existing facilities located on the property where the mobile food vendor is operating.
G. 
Inspections and enforcement. The Department of Health, Building Department, Fire Department, Police Department and Borough Administrator are empowered to conduct inspections of any mobile food vendor to ensure compliance with the provisions of this section that are within their respective areas of jurisdiction, along with any other applicable provisions of the Borough Code or New Jersey laws or regulations. These officers are further authorized to enforce this section and all of its provisions.
H. 
Violations and penalties. Any person who violates any of the provisions of this section shall be subject to the penalties established by § 344-4, Violations and penalties, of the Borough Code. Additionally, any vehicle, whether motorized or nonmotorized, such as a truck, van, trailer or pushcart, used in a mobile food vending operation without all applicable licenses and permits as required by this section shall be deemed a public safety hazard and may be impounded.
I. 
License revocation or suspension. Failure to comply with any of the provisions of this section may result in having any license or permit issued under the provisions of this section revoked or suspended for a specified period of no greater than 90 days, by the licensing authority, Borough officer responsible for enforcement or by the Borough Council, in accord with the provisions of § 198-9 of the Borough Code. The foregoing is in addition to the penalties established by § 344-4, Violations and penalties, of the Borough Code.
J. 
Mobile and transient food establishments. All food and beverages, except hot coffee, cocoa and tea, on mobile or transient retail food establishments, shall be prepackaged, unless the mobile or transient retail food establishment has been issued a mobile food vendor license as provided in Subsection B herein and is operating in compliance with all of the provisions of the Borough Code. If the food or beverage is prepackaged outside the limits of the Borough of Bergenfield, a certification from the Health Department as to its sanitary condition shall accompany the application for a license required by this section.
All foods offered for sale by a retail food establishment in a prepackaged form shall bear a label which contains the name and address of the manufacturer or distributor, the common name of the product and a list of ingredients in descending order of concentration if there are two or more ingredients, and the weight of the product.
In all new retail food establishments, equipment installed shall be approved by the National Sanitation Foundation (N.S.F.) where applicable. In all existing establishments equipment that shall be added or replaced shall be approved by the National Sanitation Foundation (N.S.F.).
All grease traps within a food establishment must be cleaned and maintained so as to be in proper working condition.
All retail food establishments shall immediately post the latest evaluation placard provided by the Health Department in a conspicuous location near the public entrance of the establishment, at approximately eye level, where it may be viewed by the public before or immediately upon entering the establishment.
A. 
In any retail food establishment where in the opinion of the Health Department application of insecticides or rodenticides is necessary, they shall be applied only by an individual currently certified to do so by the New Jersey Department of Environmental Protection and Energy.
B. 
The notice left by the applicator as required by N.J.A.C. 7:30-9.10(c), which includes the date of latest application, pesticide(s) used, name of contact person and telephone number shall be permanently posted next to the Health Department evaluation placard.
Every retail food establishment in which food or drink is prepared for on the premises consumption shall provide necessary and adequate toilet facilities for the patrons thereof as defined herein.
A. 
Separate toilet facilities shall be available for each sex and shall consist of a toilet, a lavatory sink supplied with hot and cold water under pressure, an approved liquid or powder soap dispenser, an adequate supply of soap, and an approved hand towel dispenser or hand-drying device. Such facilities must be available at all times to patrons of the establishment.
B. 
Said toilet facilities shall be maintained in a sanitary condition at all times.
C. 
Said toilet facilities shall be available to the customers without passing through the food preparation area.
D. 
Said toilet facilities shall not open into the food preparation area.
E. 
Said toilet facilities shall be identified by a sign stating "Restroom," "Men's," "Ladies," or an equivalent designation. If restrooms are not visible from the customer area, then a sign directing customers to the restroom(s) shall be readily visible in the dining area.
F. 
Existing establishments which do not meet the requirements of this section but which provide a single toilet facility to the patrons shall be exempt from the requirement of separate toilet facilities for male and female patrons.
[Amended 10-16-2007]
A. 
Within one year of the effective date of this section of the Sanitary Code, at least one person in charge in a Risk Type 2 or Risk Type 3 Food Establishment shall be a certified food protection manager who has obtained a food safety certificate by passing a food safety certification examination administered by an accredited certifying program recognized by the Conference of Food Protection. Certified food managers shall maintain the currency of the food safety certificate by following the accredited certifying program's requirements for renewal. Within two years of same effective date, in a Risk Type 3 Food Establishment, all persons in charge shall need to be in compliance with the above certification requirements. After this initial two-year period, all new persons in charge in a Risk Type 3 Food Establishment must comply with the certification requirements within 60 days of employment as a person in charge.
B. 
All persons in charge in Risk Type 2 Food Establishments who are not required to meet the above certified food protection manager requirements must have completed a food handler's course of instruction and passed a written examination in food protection, sanitation, personal hygiene, and other relative topics. The course of instruction shall be under the supervision and direction of the Bergenfield Health Department and shall be given monthly, except that it may be rescheduled at the discretion of the Health Officer or his designee because of poor attendance or other reasons.
C. 
Any person in charge in a Risk Type 2 Food Establishment must apply in writing on a form provided by the Health Department and attend the course within 30 days of employment as a person in charge.
D. 
It shall be the responsibility of the employer to see that his employees obtain a food protection manager certificate or food handler's card as stipulated above.
E. 
Current food handlers' cards issued by health departments in other jurisdictions may be accepted as substitutes for the Bergenfield-issued cards, provided the course of instruction is similar in nature to the Bergenfield course and a copy of the certificate or card is provided to the Bergenfield Health Department. No card or certificate shall be considered valid for more than three years from the date of its issuance.
F. 
A food handler's card is not transferable. No person to whom a food handler's card is issued shall give, loan, transfer or permit the same to be used by any other person for any purpose whatsoever.
G. 
The final determination as to which risk type a food establishment falls into shall be made by the Health Department.
H. 
Fees and renewals.
(1) 
The fee for the issuance of a food handler's card is hereby fixed at $15.
(2) 
The fee for the issuance of a duplicate food handler's card shall be $5.
(3) 
Upon the expiration of the food handler's card three years from the date of issuance, that person shall be required to take another course of instruction and examination. The renewal fee shall be the same as the initial card issuance fee.
(4) 
Certified food protection manager's course fees:
(a) 
The fee for the course without the textbook is set at $75.
(b) 
The fee for the course with the textbook included is set at $95.
(c) 
The fee for the course textbook alone is set at $20.
(d) 
The fee to retake the test after a failure is set at $30.
(5) 
The course fees include the taking of the exam and the issuance of a certificate if the exam is passed. Fees are not refundable.
I. 
Suspension or revocation of card. For good cause shown and on five days' written notice to any person holding a food handler's card issued by the Bergenfield Health Department, the Health Officer may revoke said card. Good cause shall include:
(1) 
The repetitious violation of any provisions of Chapter 24 of the New Jersey State Sanitary Code (N.J.A.C. 8:24).
(2) 
A knowing misrepresentation of a material fact on the food handler's card application form.
(3) 
At written request by the holder of the card, the Health Department shall hold a hearing to determine if good cause exists for the revocation of such card.
J. 
Records. All employers shall at all times keep and maintain accurate records of the name of each person in charge, the date of employment and the date of issuance of any food handler's card or food protection manager's certification. Said records shall be available for inspection by the Health Department.
A. 
The Health Officer shall have the right to order immediate closure of a retail food establishment for the following reasons:
(1) 
Failure to correct serious and repetitious unsanitary conditions existing on the premises.
(2) 
The existence of infestations of vermin capable of of transmitting foodborne diseases.
B. 
This regulation is to enhance requirements stipulated in Chapter XII of the New Jersey Sanitary Code 8:24-9.6 (a) - (d) entitled "Closure for Infection."