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Village of Ridgewood, NJ
Bergen County
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Table of Contents
Table of Contents
Code
New Laws (24) Index Notes (1)
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. 
For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:
CARRIER
Any person who harbors an infectious agent of disease but who may or may not have symptoms of the disease.
CLEANING
The thorough removal of contaminating material.
COMMUNICABLE DISEASES
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.
CONTAINER
Shall be synonymous with the term "package," as defined in this section.
DISINFECTION
The application of any disinfected materials to infected materials in sufficient concentration and for a sufficient length of time to destroy pathogenic organisms.
FISH
Includes every part of any marine or water-dwelling animal.
FOOD
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]
FOOD ESTABLISHMENT
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.
GARBAGE
The accumulation of animal or vegetable matter, or both, liquid or otherwise, that tends to decay.
GRADE A FOOD
Food which has neither been decomposed nor contaminated and which is of superior quality.
HEALTH OFFICER
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.
LABEL
A display of written, printed or graphic matter upon or affixed to the immediate container, not including the liners, of any article.
LABELING
All labels and other written, printed or graphic matter upon an article or any of its containers or wrappers or accompanying such article.
MARKET
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.
MEAT
Includes every part of any animal, whether mixed or not with any other substance.
PACKAGE
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.
PERMIT or LICENSE
A duly authorized permit or license of the Board, issued in accordance with this chapter or the regulations of the Division.
PROPERTY and PREMISES
Unless restricted or limited by the context to either real or personal property they shall include both.
PUBLIC PLACE
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.
REGULATIONS
Includes any regulations, whether general or special, which the Division may from time to time lawfully adopt and issue.
RESTAURANT
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.
SANITIZE
The submerging of multi-use utensils in water having a temperature of 180° F. for a period of one minute.
STATE BOARD AND STATE DEPARTMENT
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:
(1) 
Any of the provisions of this chapter.
(2) 
The Sanitary Code of the State Department of Health specifically applicable to the subject matter for or upon which such license, permit or health certificate was issued.
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.
E. 
Place or transport a child in baskets furnished by a food establishment.[1]
[1]
Editor's Note: Former Sections 13-16 through 13-19, providing various regulations, were deleted 10-13-1992 by Ord. No. 2375.
[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.