[Adopted 4-22-1976; amended in its entirety 5-24-1989]
As used in this Article, the following terms
shall have the meanings indicated:
Any substance used or intended to be used as food or drink
for human consumption.
A certificate issued by the Board of Health of the Township
of Hillside or any other program approved by the Board of Health of
the Township of Hillside.
Any fixed or mobile restaurant; coffee shop; cafeteria; short-order
cafe; luncheonette; grill; tearoom; sandwich shop; soda fountain;
tavern; bar; cocktail lounge; nightclub; roadside stand; industrial
feeding establishment; private, public or nonprofit organization or
institution serving food; or similar place in which food or drink
is prepared and intended for retail sale and for service on the premises,
with or without charge, but shall not include a temporary retail food
establishment.
Any fixed or mobile restaurant; coffee shop; cafeteria; short-order
cafe; luncheonette; grill; tearoom; sandwich shop; soda fountain;
tavern; bar; cocktail lounge; nightclub; 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
for retail sale or for service on the premises or elsewhere; and any
other retail eating or drinking establishment or operation where food
is served, handled or provided for the public, with or without charge.
Any person charged with the responsibility of overseeing
the operations related to the preparing, processing and sale of food
or drink intended for human consumption, including responsibility
for the supervision of employees engaged in such operations, be it
for on- or off-premises consumption.
Any retail food establishment where food is served, handled
or provided for the public, with or without charge, which operates
at a fixed location for a temporary period of time in connection with
a fair, carnival, circus, public exhibition or similar transitory
gathering or a fundraising event for charitable or benevolent purposes,
including church suppers, picnics or similar organizational meetings,
mobile retail food establishments, as well as agricultural markets.
The proprietor or, in the case of a public or nonprofit restaurant,
the manager or administrator of every restaurant shall ensure that
choke-prevention posters are prominently displayed in food preparation
and service areas of the restaurant.
It shall be unlawful for any person or any body
corporate to conduct a retail food establishment as defined and governed
by the Retail Food Establishment Code of New Jersey (1965) established
by ordinance of the Hillside Board of Health, dated April 22, 1976,
without first having procured a license from the Hillside Board of
Health so to do or without complying with any or all of the provisions
concerning operation and maintenance of the same as contained in the
aforementioned Retail Food Establishment Code of New Jersey (1965).
[Amended 5-15-2001]
A.
The annual fees for licensure of retail food establishments
are hereby fixed as follows:
(1)
Class I establishments. Any establishment known as
a "restaurant," "luncheonette," "caterer," "cafeteria" or "coffee
shop" shall be charged the following fees:
(2)
Class II establishments. Any food establishment other
than a Class I or Class III establishment shall be charged the following
fees:
(3)
Class III establishments. Any nonprofit retail food
establishment shall be charged a fee of $25.
B.
Any annual fee referred to in this section which is
not paid in full by its due date, as established by the Board of Health,
shall result in a late fee equal to 25% of the total annual fee, which
late fee must be paid in full prior to the Board of Health approving
an initial license application or license renewal application.
C.
License fees shall be paid to the Board of Health.
D.
The fee for the licensure of temporary retail food
establishments shall be $30 per vendor. However, an additional, per
event, fee of $150 shall be charged for any event utilizing any Township
community center or park on Saturdays, Sundays or municipal holidays
in which a temporary retail food establishment license is needed.
This section shall not apply to any Township-sponsored event.
[Added 5-20-2008]
[Amended 5-15-2001]
All licenses issued under authority of this
article shall expire the 30th day of June of each year.
A.
Any license issued under the terms and provisions
of this Article may be suspended or revoked or renewal refused, at
the discretion of the Board of Health of this municipality, for the
violation by the licensee of any provision of this Article or the
Retail Food Establishment Code of New Jersey (1965) or whenever it
shall appear that the business, trade, calling, profession or occupation
of the person, firm or corporation to whom such license was issued
is conducted in a disorderly or improper manner or in violation of
any law of the United States, the State of New Jersey or any ordinance
of this municipality, or that the person or persons conducting the
retail food establishment is of an unfit character to conduct the
same, or that the purpose for which the license has been issued is
being abused to the detriment of the public or is being used for a
purpose foreign to that which the license was issued.
B.
If any person, partnership or corporation granted
a license or if any employee, servant or agent of such licensed holder
shall violate any ordinance, code, regulation or special order of
the Board of Health or regulation or law of the State of New Jersey,
in the conduct of the business for which said license was granted,
such license may be revoked, canceled or suspended or renewal refused,
at the discretion of the Board; and after the date of such revocation,
said business shall not operate in Hillside, New Jersey, until the
conditions that caused revocation are rectified; and the owner or
person in charge of such business establishment and any offending
employees of such establishment may be prosecuted for such violation
of code or law as shall have occurred.
C.
A license issued under the terms and provisions of
this Article shall not be revoked, canceled or suspended or renewal
refused until a hearing thereon shall have been had by the Board of
Health. Written notice of the time and place of such hearing shall
be served upon the licensee at least five (5) days prior to the date
set for such hearing. Such notice shall also contain a brief statement
of the grounds to be relied upon for revoking, canceling, suspending
or not renewing such license. Notice may be given either by personal
delivery thereof to the person to be notified or by depositing in
the United States Post Office in a sealed envelope, postage prepaid,
addressed to such person to be notified at the business address appearing
upon said license. At the hearing before the Board of Health, the
person aggrieved shall have an opportunity to answer and may thereafter
be heard, and upon due consideration and deliberation by the Board
of Health, the complaint may be dismissed, or if the Board of Health
concludes that the charges have been sustained and substantiated,
it may revoke, cancel, suspend or refuse to renew the license held
by the licensee.
D.
If any such license shall have been revoked, neither
the holder thereof nor any person acting for him, directly or indirectly,
shall be entitled to another license to carry on the same business
within the city unless the application for such license shall be approved
by the Board of Health.
[Amended 7-5-1989]
A.
The operator of every food establishment shall post
on a placard approved by the New Jersey State Department of Health
the most recent evaluation made by a licensed municipal health official.
B.
An inspection report shall be presented by the inspector
to the owner or person in charge or, in their absence, any employee
of the establishment. At the completion of each inspection, the evaluation
placard shall be posted immediately in a conspicuous place near the
public entrance of the establishment in such manner that the public
may view the placard.
C.
The most recent inspection report shall be maintained
by the operator of each food establishment on the premises for review
by the public, upon request. Inspection reports and other applicable
records shall be maintained on the premises for review for a minimum
of two (2) years.
[Amended 7-5-1989]
Records of inspections of food establishments
maintained by the health authority shall be made available to the
public, upon request.
[Amended 7-5-1989]
Whenever an inspection of a retail food establishment
is made, the findings shall be recorded on an inspection report form
approved by the State Department of Health. The inspection report
form shall identify in a narrative form the violations of this Article
and shall be cross-referenced to the section of this Article being
violated.
[Amended 7-5-1989]
A.
Immediately or shortly thereafter upon the conclusion
of the inspection, the licensed Health Officer or licensed Sanitary
Inspector shall issue the evaluation of the establishment and leave
the original copy with the person in charge. Evaluations shall be
as follows:
(1)
Satisfactory. The establishment is found to be operating
in substantial compliance with this Article, and food service personnel
have demonstrated that they are aware of and are practicing sanitation
and food safety principles as outlined in this Article.
(2)
Conditionally satisfactory. At the time of the inspection,
the establishment was found not to be operating in substantial compliance
with this Article and was in violation of one (1) or more provisions
of this Article.
(3)
Unsatisfactory. Whenever a retail food establishment
is operating in violation of this Article, with one (1) or more violations
that constitute gross unsanitary or unsafe conditions which pose an
imminent health hazard, the health authority shall issue an unsatisfactory
evaluation. The health authority shall immediately request the person
in charge to voluntarily cease operation unit it is shown on reinspection
that conditions which warrant an unsatisfactory evaluation no longer
exists. The health authority shall institute necessary measures provided
by law to assure that the establishment does not prepare or serve
food until the establishment is reevaluated. These measures may include
embargo, condemnation and injunctive relief.
B.
Any person who violates any provision of or order
promulgated under this section or code established herein shall, upon
conviction thereof, be liable to a penalty of not less than five dollars
($5.) dollars nor more than five hundred dollars ($500.) for each
violation. Each day a particular violation continues shall constitute
a separate offense.
[Added 6-5-1991]
Every retail food establishment shall have a
designated Supervisor.
No retail food establishment shall operate for
longer than a ninety-day consecutive period without the supervisor(s)
employed in that establishment applying for a food handler's certificate.
No retail food establishment shall operate for
longer than a six-month consecutive period without the supervisor(s)
employed in that establishment completing a course of general instruction
in bacteria characteristics and growth, spread of foodborne diseases,
methods of preventing food poisoning, proper food-handling techniques,
equipment and establishment sanitation, dishwashing and sanitization
and insect and rodent control and obtaining a food handler's certificate.
A food handler's certificate may be granted
to a Supervisor taking a comparable course of instruction in another
municipality, provided that such course is approved by the Board of
Health of the Township of Hillside.
No person to whom a food handler's certification
is issued or granted shall give, loan, transfer or permit the same
to be used by any other person for any purpose whatsoever.
[Amended 10-21-2003]
Any person violating any of the provisions of
this Article shall, upon conviction thereof, pay a fine of not less
than five dollars ($5.) nor more than five hundred dollars ($500.)
for each offense.
