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Borough of Madison, NJ
Morris County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Health of the Board of Madison 10-9-1962 by Ord. No. 4BH; amended in its entirety 9-19-1996 by Ord. No. BH 2-96. Subsequent amendments noted where applicable.]
Board of Health — See Ch. 22.
Alcoholic beverages — See Ch. 56.
Building construction — See Ch. 75.
Land development — See Ch. 195.
Vending machines — See Ch. 232.
This chapter shall be enforced by the Health Officer in accordance with N.J.S.A. Title 24, entitled "Food and Drugs," and the interpretations thereof contained in the New Jersey State Sanitary Code (N.J.A.C. 8:24-1.1 et seq.). The provisions of the New Jersey State Sanitary Code are hereby recognized as being of full force and effect in the Borough of Madison.
As used in this chapter, words and terms shall have the meanings respectively ascribed to them in Chapter 12 of the State Sanitary Code.
No person shall at any time within the Borough of Madison conduct, maintain or operate a retail food establishment, either mobile, temporary or at a fixed location, or otherwise engage in the handling of food or drink, without first having obtained a license to do so from the Board of Health of the Borough of Madison.
Application for such a license shall be made to the Board of Health, on forms approved by it, signed and executed by the applicant.
A separate license shall be obtained for each retail food establishment operating at a fixed location, mobile retail food establishment, temporary retail food establishment or other place or event at which food or drink is sold, distributed, served or otherwise dispensed.
No license to conduct, maintain or operate a retail food establishment of any type shall be granted if such conduct, maintenance or operation will result in the violation of the Zoning Ordinance, Building Code[1] or any other ordinance of the Borough of Madison.
Editor's Note: See Ch. 195, Land Development, and Ch. 75, Building Construction.
Either the manager, owner or operator of a retail food establishment licensed by the Board of Health shall be required to attend the yearly food handlers' training seminar provided by the Board and to obtain a certificate of completion of said course, annually.
[Amended 12-15-1998 by Ord. No. BH 3-98]
Every applicant for whom a license is granted as required by the provisions of this chapter shall pay to the Board of Health of the Borough of Madison an annual license fee for the same as follows:
For a retail food establishment (RFE) operating at a fixed location, selling or dispensing food or drink, whether or not such food or drink is consumed upon the premises where the same is sold or dispensed, the fee shall be based upon the floor area of the premises, including storage areas, calculated as follows:
For 2013 and thereafter:
[Amended 11-18-2008 by Ord. No. BH 3-08; 12-21-2010 by Ord. No. BH 1-10; 12-18-2012 by Ord. No. BH 2012-3]
Total Floor Area of RFE
(square feet)
or Type
Pharmacy/package goods
Less than 2,000
2,000 to 5,000
5,000 to 10,000
Greater than 10,000
Reinspection fee – 2
Reinspection fee – 3
Farmers' market
Plan review fee
Plan alterations review
Food handler's course
The fee shall be due and payable on the first business day of January of each year. Effective February 1 of each year, an additional late fee of $50 will be charged to those retail food establishments that have not obtained a license.
[Amended 11-18-2008 by Ord. No. BH 3-08]
No fee shall be charged for a license when the same is issued to any organization, society or group, such as a hospital, a school not operated for profit or a religious institution, when the license is requested for a purpose from which no profit is planned.
Whenever resampling and microbiological analysis of hazardous foods are necessitated by reason of unsatisfactory results, the owner(s) of the retail food establishment shall be assessed and the Board reimbursed for the costs of resampling and microbiological analysis of hazardous foods at the rate of $100 per sample.
Additional conditional inspections: Whenever a second, or more, conditional inspection in a sequence of inspections is necessitated by reason of classification of a food establishment as conditionally satisfactory, the owner shall be assessed for the cost of each such additional inspection at the rate of $100 per inspection for the administrative cost of the additional inspection(s).
[Added 11-18-2008 by Ord. No. BH 3-08]
Each license issued under the provisions of this chapter shall bear the actual date of issue thereof, the legal name of the person, firm, corporation or other organization, society or group to whom issued and the location of the premises or other place of operation for which the license is requested.
No license shall be transferable.
All licenses shall be displayed in a conspicuous place on the licensed premises, machine or vehicle.
Every licensee shall be required to sign an agreement certifying that the licensee has a contract for the collection or removal of all refuse, garbage and trash from the food service establishment, so as not to create a health hazard.
All licenses and permits granted under the provisions hereof shall expire on December 31 of the year for which the same are granted, unless suspended or revoked, or unless issued for a temporary or shorter specified period.
A license or permit may be suspended or revoked for any violation by the holder thereof of any provision of this chapter or of Chapter 12 of the State Sanitary Code by the Health Officer; provided, however, that the holder shall be afforded an opportunity to appeal the suspension of the license to the Board of Health and the Health Officer within 48 hours of the effective date of the suspension.
If any such license shall have been revoked, neither the holder thereof nor any person acting for the holder directly or indirectly shall be entitled to another license to carry on the same business within the borough unless the application for such license shall be approved by the Board of Health.
In addition to the minimum toilet and handwashing facilities established by the State Sanitary Code for employees of food-handling establishments, any food-handling establishments designed for on-premises consumption shall provide at least the following minimum handwashing and toilet facilities for use by patrons:
Patron Seating Capacity
Minimum Facilities for Each Sex*
1 to 49
1 toilet and 1 handwashing basin
50 to 99
2 toilets and 2 handwashing basins
100 to 150
3 toilets and 3 handwashing basins
Over 150
1 additional unit for each additional 50 patrons or fraction thereof
* NOTE: Toilet facilities for males may be reduced by one-third (1/3) by substituting urinals.
Any person violating or failing to comply with any of the provisions of this chapter shall, upon conviction thereof, be punishable by a fine of not more than $500 or by imprisonment for a term not to exceed 90 days, or by both such fine and imprisonment, in the discretion of the Municipal Court. The continuation of such violation for each successive day shall constitute a separate offense, and the person or persons allowing or permitting the continuation of the violation may be punished as provided above for each separate offense.