[HISTORY: Adopted by the governing body of the Township of Little Falls by Ord. No. 873 (Sec. 4-14.1 of the 1995 Revised General Ordinances). Amendments noted where applicable.]
GENERAL REFERENCES
General penalty — See Ch. 1, Art. I.
Licensing — See Ch. 122.
Tobacco vending machines — See Ch. 245.
[Amended 3-23-2020 by Ord. No. 1380]
No person shall operate any retail food establishment, permanent, temporary or itinerant as defined herein, or food or beverage vending machine unless a license to operate the same shall have been issued by the Board of Health. Such license shall be posted in a conspicuous place in such establishments. All premises, whether permanent or temporary shall be inspected by the Health Officer as prescribed by law.
A. 
Definitions. As used in this chapter, the following terms shall have the meanings indicated:
CATERER
A person, firm or corporation who or which provides, distributes or serves food and drink for consumption in a place other than on his or its own premises (off-premises consumption) where said food and drink are prepared in consumable form. Including Supermarkets
EMPLOYEE
Any person who handles food or drink during preparation or serving, who comes in contact with any eating or cooking utensils or who is employed in a room in which food or drink is prepared or served.
FOOD DEMONSTRATION
Such act or operation wherein any person, firm or corporation, for purposes of advertising or promotion, prepares, exhibits or displays and gratuitously or otherwise provides, distributes or serves food or drink for public consumption.
FOOD-PREPARATION-AND-VENDING VEHICLE
Includes a vehicle, as such term is defined in N.J.S.A. 39:1-1, which is used for the sale, distribution and service of food which has been prepared and/or packaged, in whole or in part, within such vehicle.
FOOD-VENDING VEHICLE
A vehicle, as said term is defined in N.J.S.A. 39:1-1, which is used for sale, distribution or service of food which has been prepared and packaged in a commissary, restaurant or kitchen which complies with the provisions of this chapter.
HEALTH DEPARTMENT
The Health Department of the City of Clifton.
HEALTH OFFICER
The Health Officer of the City.
ITINERANT RESTAURANT AND SALES
Includes food demonstrators, carnivals, sidewalk fairs, farmers markets and any retail food operation, or sale of goods whether for profit or nonprofit, operating for a temporary period not exceeding 10 events and not having a degree of permanence attached to the operation.
RESTAURANT
Includes any restaurant, coffee shop, cafeteria, short-order cafe, luncheonette, drive-in food or refreshment stand having a parking area for five or more vehicles served by a carhop or where the occupants of the vehicle leave said vehicle to be served, tavern (which consists solely of a bar, not having kitchen facilities on the premises and providing food of any kind), sandwich stand, soda fountain, drugstore and soda fountain serving food, in-plant feeding establishments, private and semiprivate clubs, food-vending vehicles, pushcart vendors and caterers, as well as kitchens or other places in which food or drink is prepared or stored for sale or public consumption on the licensed premises, said premises extending to the geographic area immediately surrounding the establishment to include such facilities as parking areas, surrounding sidewalks, outdoor verandas, etc.
[Amended 12-22-2008 by Ord. No. 1060; 3-23-2020 by Ord. No. 1380]
There shall be a fee established as set forth in Chapter 71, Fees, for a license or license approval issued pursuant to this section. Retail food establishment licenses and associated fees shall be defined as follows:
A. 
Class I, Food and Drink Restaurant: any retail or wholesale food establishment including those defined in Chapter 24 of the New Jersey State Sanitary Code in which food or drink is prepared, served, handled or provided for the public with or without charge.
B. 
Class II, Caterer: a person, firm or corporation who or which provides, distributes or serves food and drink for consumption in a place other than on his or its own premises (off-premises consumption) where said food and drink are prepared in consumable form; or Class II, Supermarket: any nonseating or prepackaged food establishment as defined in Class I which is 12,000 square feet or more.
C. 
Class III, School: any food establishment as defined as an educational facility.
D. 
Class IV, Food Preparation and Vending Vehicle/ Food-Vending Vehicle, Mobile Food and Drink: shall include any motor vehicle or any vehicle cart, or bicycle of any kind, including hand-carried portable containers, in which food or drink is transported, stored or prepared at temporary locations.
E. 
Class V, Itinerant Restaurant and Sales, Temporary Retail Food Establishment: any food establishment as defined in Class I includes food demonstrators, carnivals, sidewalk fairs, farmers markets and any retail food operation or sale of goods whether for profit or nonprofit, operating for a temporary period not exceeding 10 events and not having a degree of permanence attached to the operation.
F. 
Class VI, Vending Machine: any self-service device which, upon insertion of a coin, paper currency, token, card, key or by any other means, dispenses unit servings of food, either in bulk or in packages without the necessity of replenishing the device between each vending operation.
G. 
Class VII, Farmers Market and/or Green Fair. There shall be a fee established as set forth in Chapter 71, Fees, for a license or license approval issued pursuant to this section.
[Amended 8-9-2021 by Ord. No. 1421]
H. 
Class VII, Nonprofit: any food establishment as defined in Class I which has been provided with a Federal Internal Revenue Service tax exemption number and prepares or handles food and drink and serves to the general public.
Licenses issued pursuant to this chapter shall expire annually on December 31 of each year, and the fee therefor shall not be prorated from the date of issuance. Applications for renewal thereof shall be submitted, together with the required fee, prior to December 15 of each year.
Licenses issued pursuant to this chapter shall not be transferable, nor shall they be construed as authorizing the licensee or licensees to carry on the business at any place other than that specified in the license itself.
A license issued pursuant to this chapter may be revoked by the Township Board of Health for any good or sufficient reason, provided that due notice thereof shall be given to the licensee, and a hearing held before the Board of Health, at which time an opportunity shall be afforded the licensee to show cause why the license should not be revoked.