[Amended 6-17-2024 by Ord. No. BOH 01-2024]
For the purposes of this article, the terms used herein are defined as follows:
APPROVED
Any article of food or drink, a source of food or drink, a method, a device or a piece of equipment, which meets the requirements of this Board or the State Department of Health.
EMPLOYEE
Any person who handles food or drink during preparation or serving, or who comes in contact with any eating or cooking utensil, or who is employed in a room in which food or drink is prepared or served, including the term "person" as further defined.
ENFORCING OFFICIAL
The Health Officer or other official possessing a license issued by the State Department of Health under the provisions of N.J.S.A. 26:1A-41 who is designated by the Board of Health to enforce this chapter, except Plumbing Inspectors and public health laboratory technicians.
FOOD
All confectionery and every article used as food or as drink for human consumption, and all articles used for components of any such article.
MOBILE RETAIL FOOD ESTABLISHMENT
Any movable restaurant, truck, van, trailer, cart, bicycle, watercraft, or other movable unit including hand carried, portable containers in or on which food or beverage is transported, stored, or prepared for retail sale or given away at temporary locations.
PERSON
An individual, firm, corporation, association, society or partnership and its agents or employees.
RETAIL FOOD ESTABLISHMENT
Restaurants, taverns, box-lunch establishments, bakeries, meat markets, delicatessens, luncheonettes, caterers, soda fountains, food vending vehicles, grocery stores and any other place in which food or drink is prepared or stored for public consumption, distribution or sale at retail, including vehicles used in connection therewith and all places where water for drinking or culinary purposes is available for public use.
SALE
Every delivery of food, whether the same is by direct sale or the solicitation or acceptance of an order for food, including the exchange, barter, traffic in, keeping and exposing for sale, displaying for sale, serving with meals, delivering for value, peddling, possessing with intent to sell, and the gratuitous delivery or gift of any food by any licensee or person to whom a food certificate has been issued or by any other person.
SANITIZE
The process of rendering eating or drinking utensils free from disease-producing bacteria so that they have been cleansed and disinfected as to have a total bacterial count of not more than 100 per utensil when sampled in accordance with approved methods in an approved laboratory.
UTENSILS
Any kitchenware, tableware, glassware, cutlery, containers or other equipment with which food or drink comes in contact.
[Amended 6-25-2012 by Ord. No. BOH 2-2012; 5-20-2019 by Ord. No. BOH 01-2019; 12-18-2023 by Ord. No. BOH 01-2023; 6-17-2024 by Ord. No. BOH 01-2024]
A. 
No person shall conduct, maintain or operate a retail food establishment without first a license, certificate or permit from the City Clerk and pay the required fee pursuant to City Code § 4-19.
B. 
Fees.
(1) 
Fees in accordance with the following schedule shall be paid before any license required in this article shall be issued, except that payment of a fee may be waived by the Board of Health at its discretion for any municipal facility, church, school or building which does not receive any remuneration for the dispensing of food or drink upon receipt of a written application for fee waiver from the person conducting, maintaining or operating such an establishment.
(a) 
Temporary event (up to 24 hours): $75.
(b) 
Annual temporary event: $300.
(c) 
Farmer's market: $75.
(d) 
Milk license: $5.
(e) 
Mobile retail food-establishment fee: $125.
(2) 
Nonprofit organizations must obtain a license annually. The fee may be waived on application to the Board for a waiver of the licensing fee based on nonprofit status
C. 
Reinspection fees for retail food establishments.
(1) 
There is hereby established a fee for reinspection of any retail food establishment receiving a posting of conditional satisfactory or unsatisfactory in the amount of $100 (first conditional or unsatisfactory posting); $250 (second conditional or unsatisfactory posting within 24 months); $500 (third and subsequent conditional or unsatisfactory posting within 24 months) and a mandatory Board hearing after the third conditional or unsatisfactory posting within 24 months.
(2) 
This is in recognition of the fact that repeated "conditionally satisfactory" and "unsatisfactory" ratings represent a hazard to the public health and repeat inspections are costly. The repeat inspections and cost reimbursement fees shall not in any way preclude, preempt, interfere with or be a substitute for legal action in the courts or before the Board of Health to assure correction of the violations. Such fees are in addition to the annual license fee and shall not be considered penalties, but such fees shall be charged and shall be paid to offset the costs and expenses of such reinspection by the Board of Health. Reinspection fees as stated above must be paid within 10 days from the initial retail food inspection date. Failure to pay the reinspection fee within the required time period will result in closure of the establishment pending a Board of Health hearing.
D. 
The cost of laboratory tests required because of a complaint or suspect food illness or a retest required because of unsatisfactory results on the prior test shall be assessed to the retail food establishment or added onto the annual license fee. This is in recognition that the food establishment license fees established by this code are not adequate to cover additional costs incurred by the regulatory agency as a result of such tests.
E. 
Licenses issued pursuant to § 5-12B, unless sooner forfeited or revoked by this Board, shall expire annually on the 31st day of December of each year. A late fee of $50 per month shall be assessed for each month or portion thereof a license is renewed after January 31.
F. 
A license may be suspended or revoked for a violation by the holder of any provisions of this article or chapter after an opportunity for a hearing by this Board or its authorized representative.
G. 
No license is transferable by sale or otherwise.
H. 
Such license shall be posted in a conspicuous place in such establishment or, if an itinerant establishment, shall be readily available for display.
I. 
All fees for licenses issues pursuant to § 5-12B shall be paid to the Board of Health.
[Amended 6-25-2012 by Ord. No. BOH 2-2012; 5-20-2019 by Ord. No. BOH 01-2019; at time of adoption of Board of Health codification; see Ch. BH:1, Art. I, Adoption of Code by Board of Health]
Item
Fee
Retail food establishment plan review (per plan)
$200
Limited preexisting establishment alteration
$75
Public swimming pools (regulations under N.J.A.C. 8:26):
Swimming pools/recreation bathing (nonresidential)
Plan review
$100
Construct
$250
Alter
$250
Operate
$250
Reinspection
$100
Septics:
Plan review/approval
$175
Permit to install septic system
$175
Permit to conduct business of cleaning tanks
$175
Wells:
Permit to install well (alter or construct)
$175
Vital statistics:
Certified copies or resulting documents of birth
$20 each
Certified copies or resulting documents of marriage
$20 each
Certified copies or resulting documents of death
$10 each
Certified copies or resulting documents of domestic partnership
$20 each
Certified copies or resulting documents of civil union
$20 each
Burial permit
(Per N.J.S.A. 26:6-17 et seq.)
Amendments of vital records
$50 each
Disinterment permit
(Per N.J.S.A. 26:6-17 et seq.)
Transit permit
(Per N.J.S.A. 26:6-17 et seq.)
Marriage license
(Per N.J.S.A. 37:1-12, 12.1 et seq.)
Domestic partnership fee
(Per N.J.S.A. 37:1-12, 12.1 et seq.)
Civil union license fee
(Per N.J.S.A. 37:1-12, 12.1 et seq.)
Miscellaneous permits:
Incinerators
$100
Body art license (regulations under N.J.A.C. 8:27-1 et seq.)
$200
[Amended 9-21-2020 by Ord. No. BOH 1-2020]
A. 
The enforcing official shall inspect every retail food-handling establishment in accordance with the "Sanitation in Retail Food Establishments, Food and Beverage Vending Machines, and Cottage Food Operations," N.J.A.C. 8:24 et seq.
B. 
Every retail food establishment must post the most current evaluation placard in one of the following prominent locations clearly visible to the patron:
(1) 
The main entrance door from four feet to six feet off the ground or floor;
(2) 
A front window within five feet of the main entrance;
(3) 
A display case mounted on the outside wall within five feet of the main entrance;
(4) 
If there is no direct entrance to the street, final determination of the placard will be made by the Health Department and placed in a clearly visible area to the public.
Retail food-handling establishments shall comply with the rules and regulations as set forth in the "Sanitation in Retail Food Establishments, Food and Beverage Vending Machines, and Cottage Food Operations," N.J.A.C. 8:24 et seq.
The regulations covering this item are found in "Sanitation in Retail Food Establishments, Food and Beverage Vending Machines, and Cottage Food Operations," N.J.A.C. 8:24 et seq.
The regulations covering this item are found in "Sanitation in Retail Food Establishments, Food and Beverage Vending Machines, and Cottage Food Operations," N.J.A.C. 8:24 et seq.
A. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
FOOD
Includes any substance used or intended to be used as food or drink for human consumption.
FOOD HANDLER'S CERTIFICATION
A certificate issued by the Board of Health of Summit or any other agency recognized by the Board of Health of Summit.
PERSON IN CHARGE
Any person charged with the responsibility of overseeing the operations, including the supervision of employees engaged in the preparing, processing and sale of food or drink intended for human consumption, be it for on- or off-premises consumption.
[Amended at time of adoption of Board of Health codification; see Ch. BH:1, Art. I, Adoption of Code by Board of Health]
B. 
Certificate required.
(1) 
No establishment shall be open for business in the preparing, processing and sale of food or drink intended for human consumption without having a supervisor on the premises who has a food handler's certificate. A food handler's certification shall be valid for a period of two years from the original date of issue.
(2) 
In the event that such establishment operates 24 hours a day, at least one person on each shift shall have a food handler's certificate.
(3) 
The food handler's certificate shall not be issued or granted to any person unless the person seeking such food handler's certificate shall have first completed an approved course of general instruction in health education, sanitation, personal hygiene, food protection, dishwashing procedures and other related health matters.
(4) 
In the event the retail food establishment receives two or more conditional satisfactory ratings within a twelve-month period, or receives an unsatisfactory rating, all food handlers as set forth above must reattend a food handler's certification program within a six-month period.
C. 
Application for certificate; course.
[Amended at time of adoption of Board of Health codification; see Ch. BH:1, Art. I, Adoption of Code by Board of Health]
(1) 
No establishment shall operate for more than 30 days without the person in charge employed in that establishment applying for a food handler's certificate.
(2) 
No Risk Type 3 or Risk Type 4 retail food establishment shall operate for more than 90 days without the person in charge employed in that establishment completing an approved food manager's course.
D. 
No person to whom a food handler's certificate is issued or granted shall give, loan, transfer or permit the same to be used by any other person, for any purpose whatsoever.
No person in charge of or in control of any park, playground, railroad station, theater, hotel, boardinghouse, factory or any other public place shall furnish or permit any common drinking cup or utensil to be used.