[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.[1]
[1]
Editor's Note: See N.J.A.C. 8:24-1.1 et seq.
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.
FOOD HANDLING SPECIAL PERMIT
A special permit issued by the Montclair Health Department pursuant to Subsection H of this section.
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:
[1] 
One day: $10.
[2] 
Two days or more, maximum 10 days: $10 per day.
(b) 
Retail food establishments:
[1] 
Category 1: $100.
[2] 
Category 2: $200.
[3] 
Category 3: $300.
[4] 
Category 4: $450.
Category designations shall be determined by the Health Officer in accordance with New Jersey State Health Department guidelines.
(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.[1]
[1]
Editor's Note: Former Art. XI, Milk, and Art. XII, Meat and Horsemeat, of Ch. 137, which immediately followed this section, were deleted 5-23-2000 by Ord. No. 00-19.