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Township of Saddle Brook, NJ
Bergen County
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[HISTORY: Adopted by the Township of Saddle Brook as indicated in article histories. Amendments noted where applicable.]
[Adopted by Board of Health 4-4-1955; readopted by Township Council 3-26-1987 by Ord. No. 945]
A code regulating retail food establishments, providing for the inspection of such establishments and fixing penalties for violations is hereby established pursuant to Revised Statutes 26:3-69.1 to 69.6. A copy of said code is annexed hereto and made a part hereof without the inclusion of the text thereof herein.
Said code established and adopted by this article is described and commonly known as the "Retail Food Establishment Code of New Jersey (1965)."
Three copies of the said Retail Food Establishment Code of New Jersey (1965), approved by the State Department of Health, have been placed on file in the office of the Secretary of the local Board of Health[1] upon the introduction of this article and will remain on file there until final action is taken on this article for use and examination by the public.
[1]
Editor's Note: Under the current provisions of the Township Charter, the Township now has a Division of Health, rather than a Board of Health. See Ch. 5, Administration of Government, §§ 5-46 and 5-47.
A. 
No person shall operate a retail food establishment unless a permit or approval of an existing permit to operate same shall have been issued by the Board of Health.[1] Such permit or approval of an existing permit shall be posted in a conspicuous place in such establishment.
[1]
Editor's Note: Now the Division of Health.
B. 
There shall be a charge of $20 for such permit or approval of an existing permit.
[Amended 12-30-1981 by Ord. No. 849]
C. 
Permits issued or approved under the provisions of this article shall expire annually on the 31st day of December of each year, and application for renewal thereof shall be submitted, together with the required fee, prior to the first day of December of each year.
D. 
A person conducting an itinerant retail food establishment shall secure a permit, or if such person is the holder of a certificate, permit or license issued by the Board of Health of another jurisdiction, said certificate, permit or license may be approved by this Board of Health,[2] and there shall be charged a fee of $10 for such approval.
[2]
Editor's Note: Now the Division of Health.
E. 
A permit or approval of a certificate, permit or license may be suspended or revoked for a violation by the holder of any provision of this article or code, after an opportunity for a hearing by the Board of Health or its authorized representative.
F. 
A permit or approval of a certificate, permit or license issued by another Board of Health is not transferable.
Any person who violates any provision of or order promulgated under this article or code established herein shall, upon conviction thereof, be liable to a penalty of not less than $2 nor more than $500 for each violation. Each day a particular violation continues shall constitute a separate offense.
[Adopted 8-14-1962 by Ord. No. 530]
A. 
The term "business of the sale of food and beverage" as herein used is construed to mean the sale of any and all food and beverage products of every nature and kind.
B. 
The word "vehicle" as herein used is construed to mean any structure of a temporary or permanent nature not permanently affixed to real estate, and any vehicle, cart or structure having wheels or capable of being moved from place to place.
It shall be unlawful to engage in the business of the sale of food and beverage from vehicles or structures not permanently affixed to real estate in the Township of Saddle Brook without first obtaining a license therefor pursuant to the provisions of this article.
No license shall be issued to any person to engage in the business of the sale of food and beverage from vehicles or structures not permanently affixed to real estate unless such business is carried on at least 25 feet from any street or highway and unless sufficient parking area for at least seven automobiles is provided.
No license shall be issued to any person to engage in the business of the sale of food and beverage from vehicles or structures not permanently affixed to real estate unless such business is conducted at a place no less than 500 feet away from any location where the business of the sale of food and beverage is being conducted.
Any person, firm or corporation desiring to engage in the business mentioned in § 97-6A hereof shall apply to the Township Clerk in writing on forms supplied by the Township of Saddle Brook for said purpose and verified by said person.
A. 
The license fees to be imposed under this article shall be $20 per annum.
[Amended 12-30-1981 by Ord. No. 849]
B. 
The license fees herein fixed are imposed for the purpose of regulating the business hereinabove defined.
Any person, firm or corporation violating any provisions of this article shall, upon conviction thereof, be subject to a fine not to exceed the sum of $25 or be imprisoned in the county jail for a term not to exceed five days, or both.
In addition to the other law enforcement agencies of the Township of Saddle Brook, the Division of Health is hereby empowered to enforce the provisions of this article and to make complaints and arrests for the violation of any of the terms and provisions hereof.