[Adopted 7-10-1990 by Ord. No. 1586 (Ch. 138 of the 1990
Code)]
[Amended 1-12-1993 by Ord. No. 1752; 2-8-2000 by Ord. No. 3096; 2-14-2006 by Ord. No. 3591; 3-25-2008 by Ord. No. 3748]
Chapter 24 of the State Sanitary Code (N.J.A.C.
8:24-1.1 et seq.) regulating retail food establishments, temporary
retail food establishments and agricultural markets, mobile retail
food establishments, vending of food and beverages and community residences
and bed-and-breakfast establishments shall be enforced in the Township
of Franklin.
[Amended 12-12-1990 by Ord. No. 1614; 2-14-2006 by Ord. No.
3591; 6-12-2012 by Ord. No. 3979]
A. At each
establishment where food is handled, at all times when such establishment
is open for business, there shall be on duty at each separate food
preparation station at least one person who shall have successfully
completed a food handlers training course given by the Somerset County
Health Department or a similar course offered within the State of
New Jersey. Nothing herein contained shall be construed to prohibit
more than one person being so trained. Said training shall be valid
for a period of two years.
B. A training
log containing the employee's name, date of training and certificates
of successful course completion shall be kept on site for informational
purposes.
C. All retail
food establishments shall comply with the food handlers training requirements
as a condition of the license.
D. Any costs
of an accepted food handler training course shall not be borne by
the Township of Franklin or Somerset County.
No provisions of this article shall be applied
so as to impose any unlawful burden on either interstate commerce
or any activity of the state or federal government.
[Amended 8-12-2008 by Ord. No. 3768]
It shall be unlawful for any person to conduct
a retail food establishment as defined in and governed by Chapter
24 of the State Sanitary Code, N.J.A.C. 8:24-1.1 et seq., established
by this article without first having procured a license from the Township
so to do and without complying with any or all of the provisions concerning
the operation and maintenance of the same as contained in the aforementioned
State Sanitary Code. Said license shall be effective from January
1 to December 31 of the year of issuance and shall be renewable during
the month of January.
[Amended 11-14-2000 by Ord. No. 3165; 7-11-1995 by Ord. No.
1906; 1-14-1997 by Ord. No. 1988; 8-12-2008 by Ord. No. 3768; 6-12-2012 by Ord. No. 3979]
A. The fee for the review of building plans prior to
or as part of applications for retail establishments shall be $100.
B. The annual fee for licensing of retail establishments
are hereby fixed as follows:
(1) Restaurants:
(a)
Capacity of one to 49 seats: $250.
(b)
Capacity of 50 to 100 seats: $350.
(c)
Capacity of 101 to 150 seats: $450.
(d)
Capacity of 151 to 200 seats: $550.
(e)
Capacity of 201 plus seats: $600.
(2) Other than restaurants:
(a)
Less than 5,000 square feet: $250.
(b)
5,000 to 10,000 square feet: $350.
(c)
More than 10,000 square feet: $700.
C. The fee for nonprofit organizations possessing IRS
501C3 status with retail food operations ancillary to their primary
function shall be waived.
D. The annual
fee for licensing of other types of retail establishments are hereby
fixed as follows:
(3) Temporary retail food establishment:
(a)
For one location for more than 14 consecutive
days and multiple events: $200. This license shall be valid from January
1 to December 31.
(b)
For one location for not more than 14 consecutive
days and one event: $75.
[1]
The fee for nonprofit organizations possessing
IRS 501C3 status conducting temporary retail food operations as described
in this section shall be waived.
[2]
For the purpose of Subsection
D(3),
a "temporary retail food establishment" shall be defined as any establishment which operates at a fixed location for a temporary period of time in connection with a fair, carnival, circus, public exhibition or similar transitory gathering, including church suppers, picnics or similar organizational meeting, as well as agricultural markets conducted on a regular basis.
(4) Infrequent retail food establishment:
(a)
Sporadic Agricultural markets, covered dish suppers or similar types of infrequent church or nonprofit-type institution meal service shall be exempt from having to procure a license as required by §
138-4, provided that all requirements of N.J.A.C. 8:24.1 through 8:24-8.12 are met.
(5) Day-care/nursery schools
(a)
Provide lunch service: $100.
(b)
Do not provide lunch service: $50.
E. In the event a retail food establishment receives
a "C" conditionally satisfactory or unsatisfactory rating, a fee for
reinspection will be charged as follows:
[Amended 3-28-2017 by Ord. No. 4183-17]
(1) First
reinspection: $100.
(2) Second
reinspection: $200.
(3) Third
or subsequent reinspection: $300.
F. In the event a licensee shall have received two "C" Conditionally Satisfactory ratings in the preceding year, the license fee noted in §
138-5B shall be doubled.
G. Failure to renew licenses during the month of January as set forth in §
138-4 shall result in a late fee of $25 or 25% of the license fee set forth herein, whichever shall be greater.
[Amended 10-10-2000 by Ord. No. 3162; 8-12-2008 by Ord. No.
3768; 6-12-2012 by Ord. No. 3979]
A. Any license issued under the terms and provisions
of this article may be suspended or revoked by the Township Council
for the violation by the licensee of any provision of this article
or Chapter 24 of the State Sanitary Code, N.J.A.C. 8:24-11 et seq.,
or whenever it shall appear that the business, trade, calling, profession
or occupation of the person to whom such license was issued is conducted
in a disorderly or improper manner or in violation of any law of the
state or any provision of this Code or other ordinance or that the
person or persons conducting the retail food establishment are of
an unfit character to conduct the same or that the purpose for which
the license has been issued is being abused to the detriment of the
public or is being used for a purpose foreign to that for which the
license was issued.
B. A license issued under the terms and provisions of
this article shall not be revoked, canceled or suspended until a hearing
thereon shall have been had by the Township Council.
C. Written notice of the time and place of such hearing
shall be served upon the licensee at least two weeks prior to the
date set for such hearing. Such notice shall also contain a brief
statement of the grounds to be relied upon for revoking, canceling
or suspending such license. Notice may be given either by personal
delivery thereof to the person to be notified or by regular and certified
mail to such person to be notified at the business address appearing
upon the license. At the hearing before the Township Council, the
person aggrieved shall have an opportunity to answer and may thereafter
be heard, and, upon due consideration and deliberation by the Township
Council, the complaint may be dismissed or, if the Township Council
concludes that the charges have been sustained and substantiated,
it may revoke, cancel or suspend the license held by the licensee.
D. If any such license shall have been 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 Township unless the application for such license shall
be approved by the Township Council.
[Added 1-12-1993 by Ord. No. 1752]
Any person, firm or corporation who shall violate or fail to comply with any order or regulation made hereunder shall severally, for each and every violation and noncompliance, forfeit and pay a penalty as provided in Chapter
1, Article
II, General Penalty. The imposition of a penalty for a violation of this article shall not excuse the violation or permit it to continue; such violation shall be remedied within a reasonable time, and each 10 days that such violation is permitted to exist shall constitute a separate offense. The application of the above penalty shall not be held to prevent the enforced removal of prohibited conditions.
[Adopted 12-14-2010 by Ord. No. 3914]
[Amended 6-12-2012 by Ord. No. 3979]
A. No license
shall be issued to a retail food establishment until it has passed
a preopening inspection by Somerset County Health Department.
B. When retail
food inspections are conducted by the Somerset County Health Department,
the following grading system shall apply:
(1) A"
shall mean that the retail food establishment is found to be operating
in substantial compliance with all local and state codes and regulations.
(2) "B"
shall mean that the retail food establishment is found to be operating
in acceptable compliance with all state codes and regulations.
(3) "C"
shall mean receiving a conditionally satisfactory inspection, with
three or more critical violations requiring correction and reinspection.
(a) If the food establishment grade is "C" Conditionally Satisfactory,
upon subsequent correction of violations and reinspection, the establishment
can receive a grade of no higher than "B" Satisfactory until the next
routine inspection.
(4) An
"unsatisfactory" rating shall mean that the retail food establishment
is operating with one or more violations that constitute gross insanitary
or public health hazards.
C. Inspections
shall be performed annually, except that reinspections shall be performed
where retail food establishment receives a grade of less than "B"
Satisfactory.
D. A retail
food establishment may be inspected more than once annually if the
Health Officer deems it appropriate.
E. The retail
food inspection evaluation placard shall be posted immediately in
a conspicuous place near the public entrance of the establishment
in such a manner that the public may view the placard.
Copies of inspection reports may be obtained by filing a request
pursuant to the requirements of the Open Public Records Act, N.J.S.A.
47A:1-1 et seq., with the Somerset County Health Office at least 10
days after the inspection has been performed.