Township of Lacey, NJ Chapter 362 Food Establishments, Retail

[HISTORY: Adopted by the Board of Health of the Township of Lacey 7-3-1974 as Ch. 118 of the 1974 Code. Amendments noted where applicable.]

GENERAL REFERENCES

Board of Health — See Ch. 55.

Alcoholic beverages — See Ch. 130.

Peddling and soliciting — See Ch. 269/

Mobile food units — See Ch. 366.

§ 362-1 License required; compliance with state provisions.

It shall be unlawful for any person, corporation, cooperative or association to conduct within the Township of Lacey a retail food establishment as defined in Chapter 12 of the State Sanitary Code without having procured a license from the Board of Health of the Township of Lacey. The establishment sought to be licensed shall comply in all respects with Chapter 12 of the State Sanitary Code.

§ 362-2 License fees; expiration; renewal; posting.

A. The fees for licenses of retail food establishments are hereby fixed as follows:

[Amended 10-5-2009 by Ord. No. 2009-01[1]]

(1) Retail food establishment: $75.

(2) Temporary retail food establishment: $10.

[Amended 12-12-2012 by Ord. No. 2012-03]

[1] Editor's Note: This ordinance provided that the revised fees shall be effective with the 2010 licensing period.

B. The retail food establishment licenses issued or approved under the provisions of this chapter shall expire annually on the 31st day of December of each year. Applications for renewal shall be submitted, together with the required fee, prior to December 15 of each year.

C. Temporary retail food establishment licenses which may be issued or approved under the provisions of this chapter shall not be valid for any period in excess of 10 successive calendar days.

D. Licenses issued shall be posted in a conspicuous place in such establishment.[2]

[2] Editor's Note: Former § 118-3, entitled "Employees' permits," which immediately followed this section, was repealed 3-2-1977.

§ 362-3 Food-borne infection sources.

The Board of Health or its authorized licensed personnel, having reason to suspect that any retail food establishment, temporary retail food establishment or mobile food establishment is or may be a source of food-borne infection, shall advise the owner, manager or employees thereof accordingly and order appropriate action to be taken which will eliminate the source of infection. In the event such action is not taken immediately, the Board of Health or its authorized licensed personnel may cause an order to be issued requiring the establishment to be closed in order to protect the public health. The order will give the alleged violator an opportunity to be heard within a reasonable time, not to exceed 15 days, while the order remains in effect.

§ 362-4 Illness of employees.

The Board of Health or its authorized licensed personnel, suspecting an employee of any retail food establishment, temporary retail food establishment or mobile retail food establishment to be ill or infected with a disease or to be a carrier of a disease which may be transmitted through food, may order him or her to surrender his or her food service employee's permit and to leave the establishment and refrain from returning to work in or about such establishment and order the employer to prohibit such employee from returning to work until permission is granted to return by the Board of Health.

§ 362-5 Limited application.

No provision of this chapter shall be applied so as to impose any unlawful burden on either interstate commerce or any activity of the state or federal government.

§ 362-6 Violations and penalties.

Any person, firm or corporation who shall violate any of the provisions of this chapter shall, upon conviction, be punished by a fine of not less than $5 nor more than $500; and each violation of any of the provisions of this chapter, and each day the same is violated, shall be deemed and taken to be a separate and distinct offense.