[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)
(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.
(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) BOARD OF HEALTH CHARACTERIZING FLAVOR HEALTH DEPARTMENT HEALTH OFFICER PERSON VAPE VAPING VAPOR BUSINESS VAPOR PRODUCT(a) (b)
Definitions. As used in this article, the following terms shall have the meanings indicated:
The Board of Health of the Borough of Bergenfield with statutory powers under Title 26 of the New Jersey Statutes.
"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.
The Health Department of the Borough of Bergenfield.
The Bergenfield Health Officer or designee.
An individual, partnership, cooperative, association, corporation, personal representative, receiver, trustee, assignee, or any other legal entity.
A vapor product.
The inhalation of vapor from vapor product.
A retail business where vapor products are offered for sale.
"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.
"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.
(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.