Without in any way limiting the generality of
any other provisions of this chapter, the provisions of this chapter
shall be construed to include the manufacture, production, packing,
possession, exposure, offer for sale, sale, dispensing or giving away
of any articles of food or beverages.
A.
CARRIER
CLEANING
COMMUNICABLE DISEASES
CONTAINER
DISINFECTION
FISH
FOOD
FOOD ESTABLISHMENT
GARBAGE
GRADE A FOOD
HEALTH OFFICER
LABEL
LABELING
MARKET
MEAT
PACKAGE
PERMIT or LICENSE
PROPERTY and PREMISES
PUBLIC PLACE
REGULATIONS
RESTAURANT
SANITIZE
STATE BOARD AND STATE DEPARTMENT
For the purposes of this chapter, the following words
and phrases shall have the meanings respectively ascribed to them
by this section:
Any person who harbors an infectious agent of disease but
who may or may not have symptoms of the disease.
The thorough removal of contaminating material.
Any infectious, contagious or communicable diseases, so declared
or defined by law or by this chapter or which has been or may hereafter
be declared as "communicable diseases" by the Division or by the State
Department of Health.
Shall be synonymous with the term "package," as defined in
this section.
The application of any disinfected materials to infected
materials in sufficient concentration and for a sufficient length
of time to destroy pathogenic organisms.
Includes every part of any marine or water-dwelling animal.
Includes any article used for food or beverage for humans
or other animals, and every ingredient therein, including, without
limitation, all confectionery, condiments, flavorings and other components
of any such article.
[Amended 10-13-1992 by Ord. No. 2375]
Includes any bakery, confectionery, cannery, packing house,
slaughterhouse, dairy, creamery, cheese factory, restaurant, hotel,
grocery, meat market, fish market, delicatessen or other place or
vehicle used in the production, preparation, transportation or handling
of food intended for sale or distribution.
The accumulation of animal or vegetable matter, or both,
liquid or otherwise, that tends to decay.
Food which has neither been decomposed nor contaminated and
which is of superior quality.
The Health Officer, executive officer or other officer duly
appointed or designated by the Division of Health to enforce this
chapter or supervise work on behalf of the Division.
A display of written, printed or graphic matter upon or affixed
to the immediate container, not including the liners, of any article.
All labels and other written, printed or graphic matter upon
an article or any of its containers or wrappers or accompanying such
article.
Includes every store, cellar, stand or place at or in which
the business of buying, selling or keeping for sale any meat, dairy
products, poultry, fish, vegetables or fruit for human or animal food
is conducted or maintained.
Includes every part of any animal, whether mixed or not with
any other substance.
Includes any wrapper, case, basket, hamper, can, bottle,
jar, tube, cask, vessel, tub, firkin, keg, jug, barrel or other receptacle,
but shall not include open containers which permit a visual and physical
inspection by a purchaser at retail nor bags and other receptacles
which are filled in the presence of a purchaser at retail.
A duly authorized permit or license of the Board, issued
in accordance with this chapter or the regulations of the Division.
Unless restricted or limited by the context to either real
or personal property they shall include both.
Includes any public place, as well as any restaurant, and
every other establishment or place where food or beverage is sold
or offered for sale to the public for consumption on the premises,
and any camp, tourist home or public recreation place or any other
place of business where toilet facilities or water for drinking or
culinary purposes are available for the use of the public.
Includes any regulations, whether general or special, which
the Division may from time to time lawfully adopt and issue.
Includes any restaurant, coffee shop, cafeteria, short-order
cafe, lunchroom, lunch wagon, diner, soda fountain, snack bar, luncheonette,
tavern, bar, grill, cocktail lounge, hotel, club, boardinghouse, sandwich
stand, refreshment stand and every other place or establishment stationary
or mobile, in which food or beverage is sold for consumption on or
near the premises or at the time.
The submerging of multi-use utensils in water having a temperature
of 180° F. for a period of one minute.
The New Jersey Public Health Council or State Department
of Health or any successor agency thereto.
B.
It is intended that the terms "license" and "permit,"
wherever used within this chapter, be synonymous if, in the interpretation
of any part hereof, such synonym is required to carry out the manifest
intent and purpose of this chapter.
All applications for licenses, permits or health
certificates required by this chapter shall be made at the Office
of the Division of Health during regular office hours, and the fees
for every license, permit or health certificate shall be paid in advance
at the time of making the application therefor.
The granting of any license, permit or health
certificate may be withheld, at the direction of the Division of Health,
pending examination, investigation or inspection of the person who
or the premises which may be the subject matter of the license, permit
or health certificate under consideration.
All licenses, permits or health certificates
issued under this chapter shall be valid only for the balance of the
calendar year in which they are issued, unless otherwise provided
in this chapter. No such license, permit or health certificate shall
be transferable or assignable.
No fee for any license, permit or health certificate
issued under this chapter shall be required of any person declared
by state law to be exempt from the payment of any such fee.
The Division of Health shall evidence the granting
of any license, permit or health certificate issued by furnishing
to the licensee, permittee or health certificate holder a suitable
card, sign, placard, disc, plat or other writing which shall convey
information concerning the nature of such license, permit or health
certificate, the serial number of the same, the name of the person
to whom the same has been issued, the year in which the same is so
issued, the premises or vehicle so licensed, if that be material or
required, and such other information as the Division may deem pertinent.
Every license, permit or health certificate
issued by the Division of Health shall be displayed in a conspicuous
place in the establishment, premises or other place for which the
same is issued and shall likewise be so displayed on every vehicle
or conveyance so licensed for the period that such license, permit
or health certificate shall be in force unless the Division shall
otherwise prescribe.
A.
Every license, permit or health certificate issued
under this chapter may, at any time during the term for which the
same is so issued, be suspended by the Division of Health or, in an
emergency, by the Health Officer, pending a hearing to be granted
the holder thereof, pursuant to a notice to show cause by the Division
why such license, permit or health certificate should not be suspended
further or revoked.
B.
No such license, permit or health certificate shall
be suspended unless the Health Officer shall file with the division
a complaint or charges evidencing one or more violations of this chapter
under which such license, permit or health certificate was originally
issued.
C.
Every suspension ordered under this section shall
automatically terminate two weeks from the date thereof unless the
continuance of such suspension shall be ordered by the Division, and
then such suspension shall continue only during the period of any
such continuance so ordered by the division.
D.
During the period of any such suspension or ordered
continuance thereof, every license, permit or health certificate so
suspended shall be ineffective, and the holder thereof shall, during
the entire period of such suspension, cease the operation of any business
or discontinue every activity or use permitted under the license,
permit or health certificate suspended.
A.
Any license, permit or health certificate issued under
the provisions of this chapter may be revoked at any time by the Division
of Health for just cause or if the licensee, permittee or health certificate
holder or any of the employees, agents or servants of such licensee,
permittee or health certificate holder shall violate:
B.
Before any license, permit or health certificate may
be revoked, the holder thereof shall be given a hearing and an opportunity
to be heard on the complaint made or violation charged against him.
C.
The time and place for such hearing shall be fixed
at the discretion of the Division, provided that an unreasonable time
shall not be permitted to elapse between the date of any suspension
of license and the date fixed for the hearing.
D.
Notice of the time and place of any hearing held under
this section shall be given by the Division to the holder of the license,
permit or health certificate so involved, in writing, and served either
personally or sent to him by registered mail, addressed to him at
the address stated in the license, permit or health certificate.
E.
A licensee, permittee or health certificate holder
who fails to appear at the time and place fixed for such hearing shall
not be entitled to any further hearing, and in that event, his license,
permit or health certificate may, as a matter of course, be forthwith
revoked.
A.
At least once every 12 months, the Health Officer
shall inspect all establishments licensed under the provisions of
this chapter. In case the Health Officer discovers the violation of
any item of sanitation, he shall make a second inspection after the
lapse of such time as he deems necessary for the defect to be remedied,
and the second inspection shall be used in determining compliance
with the requirements of this chapter. Any violation of the same item
of this chapter shall call for immediate suspension of license.
[Amended 12-11-1984 by Ord. No. 1955]
B.
A copy of the inspection report shall be filed and
kept by the establishment for a period of one year, and the original
shall be filed in the records of the Division.
C.
The person operating the establishment shall, upon
request of the health officer, permit access to all parts of the establishment.
[Amended 10-13-1992 by Ord. No. 2375]
For the purpose of this chapter, food or beverages
shall be deemed adulterated if either of them falls within the definition,
construction, context, intent or meaning of N.J.S.A. 24:5-8 or any
amendments thereto or supplements thereof.
[Amended 10-13-1992 by Ord. No. 2375]
For the purpose of this chapter, food or beverages
shall be deemed misbranded if either of them would be deemed misbranded
within the definition, construction, context, intent or meaning of
N.J.S.A. 24:5-16 and N.J.S.A. 24:5-17, or any amendments thereto or
supplements thereof.
No person shall:
A.
Manufacture, expose for sale, offer for sale, sell,
use or keep any food or beverage for human use or consumption which
has been exposed to any contamination or infection from any communicable
disease or is believed to have been exposed to contamination or infection
from any communicable disease or which is unfit, unwholesome, impure,
decayed, diseased, mislabeled or adulterated.
B.
Distribute or sell or offer or expose for sale or
have in his possession with intent to sell or manufacture for distribution
or sale any food or drink which differs in purity, quality or strength
from the standards adopted and published in accordance with Title
24 of the New Jersey Statutes Annotated or any amendments thereto
or supplements thereof.
C.
Handle or dispense any food or beverages within the
Village while suffering from or possessed of any communicable diseases.
D.
Keep any dog, cat or other animal in or allow or permit
it to enter any store, building, place or establishment within the
Village where food or beverages are kept, manufactured, sold or handled
for commercial purposes.
[Amended 12-11-1984 by Ord. No. 1955]
A.
No person shall sell, peddle or deliver any article
of food or beverage from any wagon, pushcart, truck or other vehicle
or from house to house or in or at any public place without first
having obtained a license from the Division of Health so to do. Such
peddling, selling or delivering shall be limited to the articles of
food covered by the license.
B.
The fees for license shall be as set forth in Chapter 145, Fees. The fees are intended to be annual fees but, when paid, shall cover only the balance of the calendar year during which the same are paid or payable.
[Amended 3-28-1989 by Ord. No. 2202; 10-13-1992 by Ord. No. 2375]
C.
No person shall sell or peddle any article of food
or beverage from any wagon, pushcart, truck or other vehicle on the
following delineated streets, avenues or public places in the Village
of Ridgewood:
[Added 6-9-1998 by Ord. No. 2634]
Name of Street
|
Location
| |
---|---|---|
Ackerman Avenue
|
All
| |
Bellair Road
|
Lincoln Avenue to Ackerman Avenue
| |
Chestnut Street
|
All
| |
Corsa Terrace
|
All
| |
Cottage Place
|
All
| |
Dayton Street
|
Prospect Street to South Maple Avenue
| |
Doremus Avenue
|
All
| |
Douglas Place
|
All
| |
East Glen Avenue
|
All
| |
East Ridgewood Avenue
|
All
| |
East Saddle River Road
|
All
| |
Franklin Avenue
|
All
| |
Franklin Turnpike
|
All
| |
Garber Square
|
All
| |
Godwin Avenue
|
All
| |
Goffle Road
|
All
| |
Grove Street
|
All
| |
Heermance Place
|
All
| |
Hillcrest Road
|
West Glen Avenue to North Monroe Street
| |
Hudson Street
|
All
| |
Lake Avenue
|
All
| |
Library Place
|
All
| |
Lincoln Avenue
|
All
| |
Linwood Avenue
|
All
| |
Maltbie Avenue
|
All
| |
Morningside Road
|
All
| |
North Broad Street
|
All
| |
North Irving Street
|
All
| |
North Maple Avenue
|
All
| |
North Monroe Street
|
All
| |
North Pleasant Avenue
|
All
| |
North Van Dien Avenue
|
All
| |
North Walnut Street
|
East Ridgewood Avenue to Franklin Avenue
| |
Northern Parkway
|
North Irving Street to East Glen Avenue
| |
Oak Street
|
East Ridgewood Avenue to East Glen Avenue
| |
Paramus Road
|
All
| |
Passaic Street
|
All
| |
Prospect Street
|
All
| |
Race Track Road
|
All
| |
Robinson Lane
|
All
| |
Somerville Road
|
All
| |
South Broad Street
|
All
| |
South Maple Avenue
|
All
| |
South Monroe Street
|
All
| |
South Pleasant Avenue
|
Grove Street to East Ridgewood Avenue
| |
South Van Dien Avenue
|
Grove Street to East Ridgewood Avenue
| |
South Walnut Street
|
All
| |
Spring Avenue
|
Prospect Street to Somerville Road
| |
Union Street
|
All
| |
Van Emburgh Avenue
|
All
| |
Van Neste Square
|
All
| |
West Glen Avenue
|
All
| |
West Ridgewood Avenue
|
All
| |
West Saddle River Road
|
All
| |
Wilsey Square
|
All
|
There shall be displayed on all vehicles used for any of the purposes mentioned in § 156-15 such plate or card as may be furnished by the Division of Health evidencing the permission of the Division to use the vehicle for the purposes aforesaid.
Food offered or exposed for sale, except such
as are protected by containers or wrappings, shall not be handled
or permitted to be handled by any customer or prospective customer
prior to the actual purchase thereof. Placards containing this section
shall be posted if required by the Division of Health.
The owner, proprietor or other person in charge
of any food establishment, vehicle or other place where food or beverages
are stored, kept, handled, prepared, sold or distributed shall maintain
and observe all of the following minimum sanitary standards:
A.
All foods and beverages shall at all times be adequately
protected from flies, dust, dirt and other contamination.
B.
Food and beverages likely to spoil shall be kept in
such manner and at such temperature as to prevent spoilage, 45°
F. maximum.
[Amended 10-13-1992 by Ord. No. 2375]
C.
The interior of all places, rooms, compartments and
vehicles shall be adequately ventilated and lighted and shall be maintained
in a clean condition.
D.
All counters, tabletops, shelves, boxes, refrigerators
and other receptacles in or upon which food or beverages are stored,
prepared, handled, displayed or served shall be kept clean. All countertops
and tabletops shall be constructed of nonabsorbent materials.
E.
Clean outer garments shall be worn by all persons
when engaged in the handling, preparation, sale or serving of food
or beverages.
F.
Adequate facilities for washing hands, including clean
hot water, powdered or liquid soap and clean individual towels, shall
be provided at a place convenient for the use of all persons engaged
in the handling, preparation, sale or serving of food or beverages.
All persons engaged in the handling, preparation, sale or serving
of food or beverages shall wash their hands thoroughly with soap and
water before commencing work and after using the toilet.
G.
All dishes and other utensils in or with which food
or beverages come in contact or which are used by customers and all
knives, forks, spoons, cups, glasses and similar articles used by
customers in the consumption of food or beverages, except single-service
utensils, shall, after such contact or use and before reuse, be thoroughly
cleansed for at least two minutes in hot soapy water or a hot alkaline
solution and immediately rinsed or immersed in clean water of a temperature
of at least 180° F. for at least one minute or shall be cleansed
and treated in some other manner approved by the Health Officer.
H.
An abundant supply of hot and cold drinking water
for the proper conduct of the business shall be readily available
at all times.
I.
Water used or made available for use for drinking
or culinary purposes or for the cleansing of any utensils shall be
of a quality safe for such use and shall meet all standards of quality
fixed by the Commissioner of Health of the state.
J.
Adequate toilet facilities shall be provided for all
employees.
K.
Every toilet, toilet room or washroom maintained in
or in connection with such premises shall be kept clean.
L.
All toilet rooms and compartments shall be ventilated
by a window or duct opening to the outer air and be so located and
constructed so that the odors therefrom will be prevented from reaching
any room in which food or beverage is stored, prepared or served.
All toilet room and compartment doors shall be provided with self-closing
devices.
M.
All garbage, decomposable or waste animal and vegetable
material, all refuse incident to the conduct of every food or beverage-vending
or food or beverage preparation establishment and all single-service
utensils and paper cellophane and similar wrappings which have come
in contact with food must at all times be kept in watertight containers
with tight-fitting covers to prevent access of insects, rodents, vermin
and escape of foul odors. All garbage and decomposable or waste animal
and vegetable material shall be removed from the premises daily.
N.
All means shall be employed to keep all rooms, places
or compartments free from rats, mice, roaches and other vermin.
O.
Single-service utensils or single-service containers
shall not be used a second time.
P.
No common drinking cup shall be furnished to nor kept
where accessible to customers or employees.
Q.
Towels and soap furnished or made available for the
use of employees or customers shall be of the single-service type.
R.
No dishwater, drainage from plumbing fixtures or other
foul or putrescible waste liquids from or produced in connection with
such premises shall be permitted to accumulate on the surface of the
ground or be disposed of in a manner which may pollute any water supply
or create a nuisance.
S.
No person shall live or sleep or be allowed to live
or sleep in any room, compartment, vehicle or conveyance where food
intended for sale or distribution is handled, produced, manufactured,
packed, distributed or sold.
T.
No exposed food shall be offered for sale from shelves,
counters or other containers which shall be less than 10 inches from
the floor of the store or place in which the same is exposed for sale.
U.
No food shall be stored, displayed, sold or exposed
for sale from or on the sidewalk, entrance, passageway or other surfaces
outside of any building.
V.
No bottles or other containers used for the delivery
of food or beverages shall be stored or left standing in any public
place in the Village.
No person shall sell or expose for sale any
food or beverage that is decayed, putrefied or has become chemically
or physically changed so that it is unwholesome or unfit for consumption
or that has been exposed to contamination or infection of any communicable
disease.
[Amended 12-11-1984 by Ord. No. 1955; 2-12-1985 by Ord. No. 1966]
A.
No person shall operate any food establishment in
the Village without having first obtained a permit from the Division
of Health so to do.
B.
All such food establishments shall be operated subject to the provisions of this Code and of the State Sanitary Code and all rules and regulations thereunder. Except as hereinafter provided, the fees for such permit shall be as set forth in Chapter 145, Fees. The square footage shall be determined by measuring the interior dimensions of the food establishment.
[Amended 10-13-1992 by Ord. No. 2375]
C.
Food establishments which conduct solely the sale of packaged food, packaged beverages, or both, in an area containing less than 250 square feet shall be operated subject to the provisions of this Code and of the State Sanitary Code and to all rules and regulations thereunder and shall obtain a permit, the fee for which shall be as set forth in Chapter 145, Fees, per year.
[Amended 3-28-1989 by Ord. No. 2202; 10-13-1992 by Ord. No. 2375]
D.
The fees are intended to be annual fees but, when
paid, shall cover only the balances of the calendar year during which
the same are paid or payable.
Every establishment referred to in this chapter
shall, at all times, conform to and comply with all sanitary regulations
contained in this chapter and affecting or concerning the handling,
manufacture, preparation, storage, sale or exposure of all food or
beverage.
[Amended 12-11-1984 by Ord. No. 1955; 10-13-1992 by Ord. No. 2375]
A.
Except as otherwise provided in this chapter, any person who shall do or commit any act prohibited by the terms of this chapter; or do or commit any act for which a license, permit or health certificate is required without having secured and being in possession of a valid license, permit or health certificate at the time of the doing or commission thereof; or omit to do or perform any act required by him to be so done or performed by this chapter; or maintain any place, establishment, vehicle, conveyance, equipment or article in violation of any of the provisions of this chapter; or fail to maintain any condition, equipment or facility required to be maintained by this chapter; or fail to install any article of a particular type, kind, quality or specification where such installation is required; or in any manner, by deed, act, act of commission or act of omission, violate any one or more of the provisions of this chapter shall, upon conviction thereof or upon conviction of any violation of the provisions hereof, be subject to a penalty or judgment as provided in Chapter 1, General Provisions, Article I, of this Code.
B.
In the event that any violation of this chapter shall also be a violation of a state law for which is provided a greater penalty or judgment than that contained in said Chapter 1, the Municipal Judge or trial judge before whom any complaint is brought based upon such violation shall, in his discretion, have the right to impose, in the place and in lieu of any penalty provided for herein, that so provided in the state law which has been so violated.[1]
[1]
Editor's Note: Former Art. II, Horse Meat
and Horse Flesh, as amended, was deleted 10-13-1992 by Ord. No. 2375.