[HISTORY: Adopted by the Board of Health of the Borough of Chesilhurst 4-6-2023 by Ord. No. 2023-3 BOH[1]. Amendments noted where applicable.]
[1]
Editor's Note: This chapter was originally adopted as part of Ch. 236, Food Establishments. The chapter was renumbered to organize all Board of Health legislation to Part III of the Code.
A. 
No person, corporation, association, partnership, other legal entity, government, or governmental subdivision or agency shall operate a fixed or mobile retail food establishment as defined in the New Jersey State Sanitary Code (Sanitation in Retail Food Establishments and Food and Beverage Vending Machines, N.J.A.C. 8:24-1 et seq.) within Chesilhurst except under a current valid permit or license issued by the Health Department.
B. 
Every retail food establishment shall be operated in compliance with the New Jersey State Sanitary Code.
C. 
Applications for licenses and permits shall be in such form as the Board shall prescribe and shall be accompanied by the applicable fee listed herein. Licenses and permits shall be issued if, after investigation, the Board or its authorized agent determines that the operation of the establishment will comply with the requirements of the New Jersey State Sanitary Code. Licenses and permits shall expire on December 31st of the year in which issued unless an earlier date is specified thereon and shall not be transferable.
The following fees shall be charged for licenses and permits and shall be payable annually to the Health Department, provided that fees for licenses and permits issued for a specific date range as set forth in this section shall be payable upon issuance. Annually renewable license and permit fees are subject to annual review and formal amendment by the Board. Where the operations of an establishment encompass sales for both on-site and off-site consumption, the category that requires the larger fee shall apply. Licensees with catering operations shall notify the Health Department of the existence of such operations. Catering operations within a licensed facility shall be inspected as part of the routine facility inspection, and shall have a separate catering operation fee charged as part of the establishment license fee.
Establishment type
Fees
(a)
Food sales predominantly for on-premises consumption:
(1)
Establishments with 25 customer seats or less
$300
(2)
Establishments with 26-75 customer seats
$375
(3)
Establishments with 76-150 customer seats
$400
(4)
Establishments with more than 150 customer seats
$700
(b)
Food Sales predominantly for off-premises consumption:
(1)
0 - 3,000 square feet per location
$300
(2)
3,001 to 5,000 square feet per location
$375
(3)
5,001 to 10,000 square feet per location
$500
(4)
Greater than 10,000 square feet per location
$700
(c)
Prepackaged food establishment (non-tobacco merchants)
$90
(d)
Prepackaged food establishment (tobacco merchants)
$175.00
(e)
Mobile Establishments
$120
(f)
Food Vending Machines
$25
(g)
One-Day Event with Baked Goods and Non-Potentially Hazardous Foods
$45
(h)
Temporary Establishments
$45.00 per 1 day event
(1)
2-3 Day Temporary Food Licenses
$125
(2)
4-7 day Temporary Food Licenses
$225
(3)
8-10 Day Temporary Food Licenses
$400
(i)
Free Standing Caterers
$150
(j)
Catering Operations
(1)
Within a Licensed Facility
$100
(2)
Free Standing Caterers
$150
(m)
Farm Markets (Up to two locations per year)
$110
(n)
Farm Markets ($15/day for 1 to 5 Day Markets)
$15.00/day
(k)
Late administrative fee
$125
(l)
Review of retail food establishment plans for new or modified establishments
(1)
Establishments with 25 customer seats or less/0-3,000 sq. ft.
$150
(2)
Establishments with 26-75 customer seats/3,001 - 5,000 sq. ft.
$200
(3)
Establishments with 76-150 customer seats/5,001 - 10,000 sq. ft.
$250
(4)
Establishments with more than 151 customer seats /> 10,000 sq. ft.
$300
A. 
Every retail food establishment, excluding those rated as Hazard Class 3 (non-hazardous foods) which do not have any on-site preparation or sale of potentially hazardous foods, shall be required to have at least one certified food manager, as defined in Subsection B below, present to supervise the licensed premises a minimum of four hours of each eight-hour work period during which food is handled on the licensed premises.
B. 
A certified food manager is a member of the management or supervisory staff of the licensed facility who:
(1) 
Has been certified in food safety and sanitation through a course of instruction approved by the New Jersey Department of Health and/or the Health Department; or
(2) 
Any other food manager course that is acceptable to the Health Department. Acceptance of a food manager course will be confirmed in writing by the Health Department.
C. 
Certified food managers shall satisfactorily complete a refresher course in food safety and sanitation every three years.
D. 
Upon request, the licensee or permittee operating a retail food handling establishment shall provide to the Health Officer or designee satisfactory proof that all food handlers have been trained in food safety and sanitation in accordance with this section.
E. 
Any violation of the provisions of this chapter shall be grounds for an enforcement action by the Health Department or Board. Such action may include the issuance of a summons in municipal court; or suspension, revocation, or non renewal of the retail food license or permit by the Board of Health in accordance with this Code.
F. 
In the event the Health Officer or designee disapproves of the qualifications of a food manager, the individual or the licensed or permitted facility may appeal that decision in accordance with this Code.
Routine inspections of all food establishment facilities shall take place as determined by and in the discretion of the Health Officer and/or the Registered Environmental Health Specialist.
A. 
Retail food establishments that fail to achieve a "satisfactory" rating shall be subject to a reinspection fee of $300 that shall be paid prior to re-inspection of the establishment to determine if the cause for the less than "satisfactory" rating has been corrected.
B. 
A second occurrence of a "conditional" or "unsatisfactory" rating for a food establishment within two years of the first "conditional "or "unsatisfactory" rating shall be subject to a reinspection fee of $600. The fee shall be paid prior to the re-inspection of the establishment to determine if the cause for the less than "satisfactory" rating has been corrected.
C. 
For a third or more occurrences of a "conditional" or "unsatisfactory" rating for a food establishment within two years of the first "conditional "or "unsatisfactory", a re-inspection fee of $900 shall be charged for the third and for each subsequent event. The fee shall be paid prior to the re-inspection of the establishment to determine if the cause for the less than "satisfactory" rating has been corrected.
D. 
A fourth occurrence within two years will also require the licensee or permittee to submit to the Health Officer or designee a corrective action plan setting forth the specific dates of the proposed implementation of the plan, the actions to be taken, and the scheduled completion date. The corrective action plan shall include the recertification of the certified food manager (s).
E. 
If the Health Officer disapproves the plan, the Health Officer may take administrative action as deemed appropriate, which may include but not be limited to the issuance of summonses and closure of the facility.
F. 
The licensee or permittee of a retail food establishment may appeal the decision of the Health Officer or designee in accordance with the procedures in this Code.
G. 
All rating certificates for food establishments are to be displayed at all times in public view on the premises for which they were issued, subject to approval of the location by the Health Officer or designee.
All retail food establishments licensed to provide outdoor seating under this Code shall prohibit smoking in the outdoor dining area(s). Such area(s) shall be marked by sign(s) approved by the Health Officer or designee indicating the prohibition of smoking and also that violators are subject to a fine.
A. 
Portable exterior food storage shall not be allowed on the property of licensed retail food establishments without prior approval from the Health Department. Portable exterior food storage is defined as food storage in a truck or other mobile unit parked in an exterior area of a licensed retail food establishment for a time period exceeding 48 hours.
B. 
Portable exterior food storage shall not be located within 75 feet of a residential building, and noise levels from such exterior food storage units shall be in compliance with municipal noise ordinances.
C. 
Portable food storage units shall be free from dust, flies, rodents and other vermin, obnoxious odors, and other conditions that threaten to endanger the health, safety or welfare of the inhabitants of the Chesilhurst; and shall be constructed to prevent damage to the food products from excessive heat or cold.