[Amended 12-18-1984 by Ord. No. 84-48]
A. Regulation by State Sanitary Code. The control of
all retail food establishments in Montclair shall be conducted as
specified in Chapter XII of the New Jersey Sanitary Code, adopted
July 6, 1972, as amended and supplemented.
B. Definitions. As used in this section, the following
terms shall have the meanings indicated:
FOOD
Includes any substance used or intended to be used as food
or drink for human consumption.
FOOD ESTABLISHMENT/ESTABLISHMENT
Any fixed or mobile restaurant, coffee shop, cafeteria, short-order
cafe, luncheonette, grill, tearoom, sandwich shop, soda fountain,
tavern, bar, cocktail lounge, night club, roadside stand, industrial
feeding establishment, private, public or nonprofit organization or
institution serving food, catering kitchen, commissary, box-lunch
establishment, retail bakery, meat market, delicatessen, grocery store,
public food market or similar place in which food or drink is prepared
or processed for human consumption be it for on- or off-premises consumption.
FOOD HANDLER'S CERTIFICATE
A certificate by the Township of Montclair Health Department
certifying successful completion of a course of general instruction
in bacteria characteristics and growth, spread of food-borne diseases,
methods of preventing food poisoning, proper food-handling techniques,
equipment and establishment sanitation, dishwashing and sanitization
and insect and rodent control, which said course is given by or has
received the approval of the Montclair Health Department.
SUPERVISOR
Any person charged with the responsibility of overseeing
the operations, including the supervision of employees engaged in
the preparing or processing of food or drink intended for human consumption,
be it for on- or off-premises consumption.
C. No new establishment or establishment which has changed
ownership shall operate for more than 60 days without the supervisor(s)
employed in that establishment applying for a food handler's certificate.
D. No new establishment or establishment which has changed
ownership shall operate for more than six months without the supervisor(s)
employed in that establishment being holder(s) of valid food handlers
certificate(s).
E. Six months from the effective date of this section and thereafter, except as provided in Subsections
C,
D and
H of this section, no establishment shall be in operation or open for business in the preparing or processing of food or drink intended for human consumption without having a supervisor who has a valid food handler's certificate on the premises at all such times the establishment is in operation or open for business.
F. A food handler's certificate shall be issued to any
person successfully completing a course of instruction given or approved
by the Montclair Health Department. The cost of such course shall
be borne by the applicant. A food handler's certificate shall be valid
for a period of five years. Any person possessing a food handler's
certificate on the effective date of this amendment which is more
than five years beyond its original issuance date shall be required
to apply for a renewal certification within 60 days from the effective
date of this amendment.
[Amended 1-22-1991 by Ord. No. 91-2]
G. No person to whom a food handler's certificate is
issued shall give, loan, transfer or permit the same to be used by
any other person, for any purpose whatsoever.
H. Agricultural markets, covered-dish suppers or similar type of church or nonprofit-type institution meal services shall be exempted from the requirements of Subsections
C,
D and
E of this section if, because of the infrequency, incontinuity, unique or limited nature of food preparation or processing, the Montclair Health Department determines that the public health will not be jeopardized by the absence of a certified food handler from the premises. Organizations holding exempt functions as defined in this section shall notify the Montclair Health Department about planned exempt functions at least one week prior to the event. The Montclair Health Department will conduct voluntary food-handling courses for those organizations requesting training or where a determination is made that such training is necessary.
I. Any person, firm, corporation or other organization
violating any provision of this section shall, upon conviction thereof,
be subject to a penalty of not more than $1,000.
[Amended 5-23-2000 by Ord. No. 00-19]
[Amended 12-14-1993 by Ord. No. 93-43; 6-13-2006 by Ord. No.
06-28]
A. Issuance. No person shall conduct, maintain or operate
a retail food establishment in the Township of Montclair who does
not possess a license from the Department of Health. Such license
shall not be transferable and shall continue in force and effect until
the 31st day of December next ensuing the
date of granting thereof.
B. Fees.
(1) License fees shall accompany the application for the
license and shall be as follows:
(a)
Temporary food-handling permits:
[2]
Two days or more, maximum 10 days: $10 per day.
(b)
Retail food establishments:
[4]
Category 4: $450.
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Category designations shall be determined by
the Health Officer in accordance with New Jersey State Health Department
guidelines.
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(c)
Late fees: $50 for any renewal application received
by the Health Department later than November 30 of the year preceding
the year for which the license is issued.
(2) All licenses shall expire on the 31st day of December of the calendar year in which they are issued. Licenses
shall be displayed under glass in a conspicuous place in the establishment.
(3) Fees for reinspection of any food establishment, as
the same is defined in this article, which are necessitated by a conditional
or unsatisfactory rating given at the time of inspection of said establishment
licensed or to be licensed by the Township of Montclair, shall be
in the amount of the license fee applicable to the facility of the
premises.
(4) Any retail food establishment requiring an inspection
for licensure or as a result of an emergency during off-duty hours,
such as weekends, evenings or holidays, shall reimburse the Township
for reasonable costs of the inspection, including the salary or wages
of the inspector called as a result of the emergency.
The fee for a license to sell or distribute
ice in the Township of Montclair shall be $10 for each vehicle or
place used in the distribution thereof; and license plates supplied
by the Department of Health shall be attached and displayed on each
vehicle.