[HISTORY: Adopted by the Township Committee of the Township of West Amwell 5-3-1984 by Ord. No. 4-84. Amendments noted where applicable.]
GENERAL REFERENCES
Alcoholic beverages — See Ch. 53.
Land development — See Ch. 109.
Licenses and permits — See Ch. 111.
Public health nuisances — See Ch. 166.
[Amended 5-18-2005 by Ord. No. 09-2005]
All retail food establishments shall comply with N.J.A.C. 8:24-1.1 et seq. relating to the construction, operation and maintenance of retail food establishments, and all violations are hereby declared to be nuisances hazardous to health.
A. 
It shall be unlawful for any person(s) or any body corporate to conduct a retail food establishment, as defined in and governed by N.J.A.C. 8:24-1.1 et seq. relating to the construction, operation and maintenance of retail food establishments, without first having procured a license from the Township Committee upon the recommendation of the Board of Health or to conduct said activities without complying with any or all of the provisions concerning the construction, operation and maintenance of the same as contained in the aforementioned N.J.A.C. 8:24-1.1 et seq.
[Amended 5-18-2005 by Ord. No. 09-2005]
B. 
Inspection fees.
[Amended 11-1-1984 by Ord. No. 9-84;12-29-1988 by Ord. No. 11-88; 8-15-1990 by Ord. No. 8-90; 10-16-2002 by Ord. No. 21-2002; 11-5-2003 by Ord. No. 17-2003]
(1) 
The annual fee for inspection of each retail food establishment as defined under N.J.A.C. 8:24-1.3 effective January 1, 2004, shall be as follows:
(a) 
Category 1. News stands, pharmacies, liquor stores, video stores, and other establishments handling commercially prepared, prepackaged, non-potentially-hazardous foods as an incidental part of their business: $100.
(b) 
Category 2. Bed-and-breakfasts which serve full breakfasts; agricultural markets (where there is no food preparation) where potentially hazardous foods are offered for sale or where grocery food items account for 50% or more of the sales area: $100. [NOTE: Bed-and-breakfasts which serve continental breakfasts are exempt from licensing and inspection, as are agricultural markets offering for sale only raw agricultural products with only an incidental amount of grocery items.]
(c) 
Category 3. All other retail food establishments: $200.
(2) 
However, for temporary retail food establishments, as defined in N.J.A.C. 8:24-1.3, a fee of $75 will be charged, provided that the food establishment has been operational for a period of not more than three days. For temporary food establishments which are operational for four or more days, a fee of $125 will be charged.
C. 
The annual license fee to be paid for conducting a retail food establishment seating 50 or more people shall be the sum of $100.
D. 
The annual license fee for all other eating and drinking establishments shall be $25.
E. 
The license granted by the Township Committee shall expire on the 31st day of December of each year.
F. 
Failure to renew an existing license upon expiration as noted in § 94-2E will result in a late fee penalty of $50 per month assessed as of January 31st.
[Added 12-28-2011 by Ord. No. 20-2011]
[Added 12-3-1987 by Ord. No. 12-87]
A. 
Whenever an existing retail food establishment located in the Township of West Amwell shall be transferred to a new owner during the current license period, said new owner shall apply to the Township Committee for a new license within 10 days of the date of transfer.
B. 
The fees for said license shall be as set forth in § 94-2 herein.
C. 
Said license shall expire on the 31st day of December of each year.
D. 
Said new owner shall also be subject to the inspection fees as set forth in § 94-2B.
Any person who violates any provision of or order promulgated under this chapter or code shall, upon conviction, be subject to a fine of not less than $100 nor more than $1,250, a term of imprisonment not exceeding 90 days or a period of community service not exceeding 90 days, or any combination thereof. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.