[Adopted 3-22-2012 by Ord. No. 12-009 (Ch. 58, Art. III,
of the 1994 Code of Ordinances); amended in its entirety 11-8-2021 by Ord. No. 21-059]
No person shall operate a retail food establishment as defined in Title 8, Chapter 24, of the State Sanitary Code, entitled "Sanitation in Retail Food Establishments and Food and Beverage Vending Machines," without first having obtained a license from the Township and paid the required license fee. The term of the license shall be for a period of one year, with all licenses to expire on December 31. Each license shall apply only to the person to whom it was issued, and no license shall be transferable to another person. Every license and the most recent inspection evaluation placard shall be posted in a prominent, readily visible location near the licensed establishment's main entrance. A license shall be surrendered upon closure of the business for which it was issued.
In addition to the requirements contained in § 235-3, each application for a license under this article shall be reviewed by the Health Officer and/or their designee/appointee. The Health Officer and/or their designee/appointee retains the right to request additional documentation from the applicant.
A.
License classes. (Based on risk type classifications per N.J.A.C.
8:24.)
(1)
There shall exist six classes of license under this article according
to the following schedule:
(a)
Risk Type 1.
1.
Serves or sells only prepackaged, nonpotentially hazardous foods;
2.
Prepares only nonpotentially hazardous foods; or
3.
Heats only commercially processed potentially hazardous foods
for hot holding and do not cool potentially hazardous foods.
4.
Such retail food establishments may include, but not be limited
to, convenience store operations, hot dog carts, and coffee shops.
(b)
Risk Type 2.
1.
Prepares, cooks, and serves most products immediately;
2.
Exercises hot and cold holding of potentially hazardous foods
after preparation or cooking; or
3.
Limits the complex preparation of potentially hazardous foods,
including the cooking, cooling, and reheating for hot holding, to
two or fewer items.
4.
Such retail food establishments may include, but not be limited
to, retail food store operations, schools that do not serve a highly
susceptible population, and quick service operations, depending on
the menu and preparation procedures.
(c)
Risk Type 3.
1.
Has an extensive menu which requires the handling of raw ingredients,
and is involved in the complex preparation of menu items that includes
the cooking, cooling, and reheating of at least three or more potentially
hazardous foods; or
2.
Prepares and serves potentially hazardous foods, including the
extensive handling of raw ingredients, and whose primary service population
is a highly susceptible population.
3.
Such establishments may include, but not be limited to, full
service restaurants, diners, commissaries, and catering operations;
or hospitals, nursing homes, and preschools preparing and serving
potentially hazardous foods.
(d)
Risk Type 4.
1.
A retail food establishment that conducts specialized processes
such as smoking, curing, canning, bottling, acidification designed
to control pathogen proliferation, or any reduced oxygen packaging
intended for extended shelf-life where such activities may require
the assistance of a trained food technologist.
2.
Such establishments include those conducting specialized processing
at retail.
3.
Note: Some retail food establishments will be classified as
a Risk Type 3 and 4 because of food processing done on site. (Retail
food establishments that prepare sushi on site will fall into both
risk types due to the process used when preparing sushi rice.)
(e)
Temporary retail food establishment.
(f)
Vending machine.
B.
Fee schedule. The fees under this article for the license classes described in this section shall be as set forth in Chapter 215, Fees, of the Township Code.
C.
Exemption. The following applicants shall be exempt from the payment
of fees for the licenses described in this section: any corporation
or association organized and operated for religious, charitable, literary,
recreational or educational purposes and which has a properly issued
tax immunity certificate from the Director of the Division of Taxation
of the state. In lieu of a tax immunity certificate, the corporation
or association may provide the Township with an affidavit of its president
or duly authorized official stating that the corporation or association
is organized and operated for religious, charitable, literary, recreational
or educational purposes.
A.
The reinspection fees for retail food establishments that receive a conditionally satisfactory or unsatisfactory rating, as defined in N.J.A.C. 8:24-8.11, are set forth in Chapter 215, Fees, of the Township Code.
B.
Fee shall be paid prior to reinspection to determine if the cause
for the "conditionally satisfactory" or "unsatisfactory," as defined
by N.J.A.C. 8:24-8.11, has been abated.
A.
Owner or operator of a retail food establishment shall submit to
the Division of Health properly prepared plans, specifications, application
and fee for review and approval before:
B.
Whenever plans and specifications are required by the Division of
Health to be submitted, the Division of Health shall inspect the retail
food establishment prior to the start of operations to determine compliance
with the requirements set forth in N.J.A.C. 8:24.
