[HISTORY: Adopted by the North Wildwood City Council 5-15-1953 by Ord. No. 348. Amendments noted where applicable.]
GENERAL REFERENCES
Board of Health — See Ch. 41.
Alcoholic beverages — See Ch. 114.
Bus parking and unloading at restaurants — See Ch. 186.
Registration fees for restaurants and coffee shops — See Ch. 240
Litter receptacles at restaurants — See Ch. 282, § 282-3.
Mercantile licenses - See Ch. 292.
The following definitions shall apply in the interpretation and the enforcement of this chapter:
EMPLOYEE
Any person who handles food or drink during preparation or serving, or 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.
HEALTH OFFICER
The Health Officer of the City of North Wildwood, in the County of Cape May, or his authorized representative, agents or assistants.
PERSON
Person, firm, partnerships, corporation or association, legal representatives, trustees or receivers.
RESTAURANT
Restaurant, coffee shop, cafeteria, short-order cafe, luncheonette, tavern, sandwich stand, soda fountain and all other eating or drinking establishments, as well as kitchens or other places in which food or drink is prepared for sale elsewhere.
UTENSILS
Any kitchenware, tableware, glassware, cutlery, utensils, containers or other equipment with which food or drink comes in contact during storage, preparation or serving.
A. 
It shall be unlawful for any person to operate a restaurant in the City of North Wildwood, in the County of Cape May, who does not possess an unrevoked permit from the Health Officer and in whose place of business such permit is not posted in a conspicuous place. Only persons who comply with the requirements of this chapter shall be entitled to receive and retain such a permit, which shall expire December 31 of that year.
B. 
Application for such permit shall be made on a printed form to be furnished by the Health Officer.
C. 
Upon the filing of any such application for a permit, the premises and places therein described shall be inspected by the Health Officer, who shall keep a permanent record of such inspection. If such premises and places are found upon such inspection to be in a sanitary condition and fit for the use of a restaurant as herein defined said Health Officer shall forthwith register such applicant in a proper record to be kept for that purpose, and a permit authorizing such applicant to conduct or operate such restaurant at the place designated in the application shall be issued; provided, however, that all existing and established restaurants at the time of the effective date of the within chapter shall be given such reasonable time as the Health Officer, in his discretion, may deem necessary in order to apply for and obtain such permit. All restaurants hereafter commenced or established shall apply for and obtain such permit prior to the opening of the same for business.
D. 
Such permits shall not be transferable, and no permit issued hereunder shall entitle or authorize the holder thereof to carry on, engage in or conduct the business mentioned in said permit in any place or places other than that designated and set out in such permit. If any person having a permit shall change the location of his or its place of business, notice of such proposed change shall be given said Health Officer, and consent in writing received to conduct such business, at such new location, and no business shall be conducted or carried on at such new location until such consent has been received.
E. 
All permits granted pursuant to the within chapter may, in the discretion of the Health Officer, be temporarily suspended by him, without notice, for the violation of any of the provisions of this chapter, or may be revoked by said Health Officer for the persistent, repeated or willful violation after proper notice and hearing.
A. 
The Health Officer shall, at regular intervals, inspect every restaurant located within the City of North Wildwood in the County of Cape May. In the event that the Health Officer discovers the violation of any provision of this chapter or any item of sanitation provided for herein, he shall notify the person operating the same, in writing, and make a second inspection after the lapse of such time as he deems necessary for the defects to be remedied, and the second inspection shall be used and be the basis for determining compliance or noncompliance with the requirements of this chapter, only, however, for the purpose of suspension or revocation of the permit. Any violation of the same item or provision of this chapter upon such second inspection shall result in the suspension of the permit, in accordance with the conditions and procedure provided for in § 348-2 of the within chapter.
B. 
One copy of said inspection reports shall be posted by the Health Officer upon an inside wall of the restaurant, and said inspection reports shall not be defaced or removed by any person except the Health Officer. Another copy of the inspection report shall be filed with the records of the Health Officer.
C. 
The Health Officer shall, at all times, have the right to enter into and upon all restaurants for the purpose of inspecting the same whenever he shall deem it necessary, and the person operating such restaurant shall, upon request of the Health Officer, permit access to all parts of the establishments and shall permit the copying of any or all records of food purchased.
A. 
Any restaurant, the permit of which has been suspended, may at any time make application for the reinstatement of the permit.
B. 
Within one week after the receipt of a satisfactory application, accompanied by a statement signed by the applicant to the effect that the violated provision or provisions of this chapter have been conformed with, the Health Officer shall make a reinspection, and thereafter as many additional reinspections as he may deem necessary to assure himself that the applicant is again complying with the requirements and, in case the findings indicate compliance, shall reinstate the permit.
Samples of food, drink and other substances may be taken and examined by the Health Officer as often as may be necessary for the detection of unwholesomeness or adulteration. The Health Officer may condemn and forbid the sale of or cause to be removed or destroyed any food or drink which is unwholesome or adulterated.
All restaurants shall comply with all of the following items of sanitation:
A. 
Floors. The floors of all rooms in which food or drink is stored, prepared or served or in which utensils are washed shall be of such construction as to be easily cleaned and shall be kept clean and in good repair.
B. 
Walls and ceilings. The walls and ceilings of all rooms shall be kept clean and in good repair. In all places on walls where there is a likelihood of frequent contamination and soiling, the same shall have a lining of galvanized iron or other impervious material.
C. 
Doors and windows. When flies are prevalent, all openings into the outer air shall be effectively screened and doors shall be self-closing, unless other effective means are provided to prevent entrance of flies.
D. 
Toilet facilities. Every restaurant shall be provided with adequate and conveniently located toilet facilities for its employees and patrons. Toilet rooms shall be furnished with clean towels and soap and shall be kept in a clean condition, in good repair, well lighted and ventilated by a window or duct opening to the outer air.
E. 
Cleaning of utensils and equipment.
(1) 
All equipment, including display cases or windows, counters, shelves, tables, refrigerators, stoves, hoods and sinks, shall be kept clean and free from dust, dirt, insects and other contaminating material.
(2) 
All multi-use eating and cleaning utensils shall be thoroughly cleaned by immersing them in hot water which shall be continuously available during business hours of not less than 180º F., thermostatically controlled.
F. 
Disposal of garbage and waste. Garbage and waste materials shall not be allowed to become a nuisance, but shall be placed in galvanized iron or other approved sanitary metal receptacles which are watertight, and they shall be kept covered with close-fitting lids. Garbage cans, after being emptied, shall be cleaned and effectively disinfected.
G. 
Storage, display, and serving of food and drink. All food and drink shall be so stored, displayed and served as to be protected from dust, flies, vermin, depredation and pollution by rodents, unnecessary handling, droplet infection, overhead leakage and other contamination. No animals or fowl shall be kept or allowed in any room in which food or drink is prepared or stored. All means necessary for the elimination of flies, roaches and rodents shall be used.
H. 
Cleanliness of employees. All employees shall wear clean outer garments and shall keep their hands clean at all times while engaged in handling food, drink, utensils or equipment. Employees shall not expectorate or use tobacco in any form in rooms in which food is prepared.
I. 
Miscellaneous. The premises of all restaurants shall be kept clean and free of litter or rubbish. None of the operations connected with a restaurant shall be conducted in any room used as living or sleeping quarters. Adequate lockers or dressing rooms shall be provided for employees' clothing and shall be kept clean. Soiled linens, coats and aprons shall be kept in containers provided for this purpose.
J. 
Rules and regulations. The Health Officer shall have the power to adopt such further rules and regulations as he may deem proper and necessary relative to the condition of any restaurant for the purpose of carrying out and putting into effect the terms and provisions of this chapter which, in his judgment and discretion, are necessary to promote and protect the health, lives and public welfare of the inhabitants of the city.
No person who is affected with any disease in a communicable form, or who is a carrier of such disease, shall work in any restaurant, and no restaurant shall employ any such person or any person suspected of being affected with any disease in a communicable form, or of being a carrier of such disease, he shall notify the Health Officer immediately. A placard containing this section shall be posted in all toilet rooms.
When suspicion arises as to the possibility of transmission of infection from any restaurant employee the Health Officer is authorized to require any or all of the following measures:
A. 
The immediate exclusion of the employee from all restaurants.
B. 
The immediate closing of the restaurant concerned until no further danger of disease outbreak exists in the opinion of the Health Officer.
C. 
Adequate medical examinations of the employee and of his or her associates, with such laboratory examinations as may be indicated.
[Amended 3-20-1991 by Ord. No. 1054]
Any person who shall violate any of the provisions of this chapter shall forfeit and pay a penalty not to exceed the sum of $1,000 or be imprisoned for a term not to exceed 90 days, or both, and each violation of any of the provisions of this chapter, and each day the same is violated, shall be deemed and taken to be a separate and distinct offense.