[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.
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.
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.