City of Paterson, NJ
Passaic County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of Paterson 12-18-1979 by Ord. No. 79-111 as Ch. 13, Art. 15, of the 1979 Revised General Ordinances of Paterson. Amendments noted where applicable.]
GENERAL REFERENCES
Alcoholic beverages — See Ch. 113.
Food and beverage vending machines — See Ch. 227.
Food handler's certificate — See Ch. 235.
Preparation and sale of food — See Ch. 239.
Food vending vehicles — See Ch. 243.
Sale of ice — See Ch. 279.
Milk and milk products — See Ch. 325.
Ice cream peddlers — See Ch. 367, Art. II.
[Amended 12-19-1995 by Ord. No. 95-068; 10-24-2007 by Ord. No. 97-056]
The words and phrases defined in N.J.A.C. 8:24-1.5 shall govern the meanings of such words and phrases in this chapter, except as indicated otherwise.
ALTERATION
Any physical change in a retail food establishment that will change its Division of Health licensing category, change its annual licensing fee, or otherwise significantly change the nature of the operation.
OTHER
Any other operation where food is distributed to the public for consumption.
[Added 11-20-2018 by Ord. No. 18-054]
PREPACKAGED FOOD AND BEVERAGE STORE
A retail food establishment selling no food or beverages other than prepackaged or wrapped foods, such as but not limited to soft drinks, bottled alcoholic beverages, candy, chips and other snacks, etc., which are packaged, wrapped, manufactured or processed outside of such establishments. Provisions of this Code governing prepackaged food and beverage stores shall be applicable to any liquor stores accurately described by the above definition, except where application of such provisions conflicts with state law or Chapter 113 of this Code.
[Amended 11-20-2018 by Ord. No. 18-054]
PUBLIC EATING PLACE
A retail food establishment that, for monetary compensation, prepares and serves ready-to-eat meals, snacks, refreshments or desserts, even where no seating is offered on premises. Examples include, but are not limited to, restaurants, take-out restaurants, cafes, coffee shops, bakeries, donut shops, and ice cream parlors. Provisions of this Code governing public eating places shall be applicable to any taverns accurately described by the above definition, except where application of such provisions conflicts with state law or Chapter 113 of this Code.
RETAIL FOOD ESTABLISHMENT
An operation that stores, prepares, packages, serves, vends, or otherwise provides food for human consumption, consistent with the illustrations provided by N.J.A.C. 8:24-1.5. Examples include, but are not limited to, butchers, meat markets, fish stores, produce stores offering cut fruit and vegetables, prepackaged food and beverage stores as defined herein, and public eating places as defined herein. However, abattoirs, slaughterhouses, food vending machines and food vending vehicles shall be excluded from the definition, and shall be governed by other provisions of this Code.
TEMPORARY SEASONAL FOOD STAND
Any retail food establishment vendor that serves food and/or beverages for a period of less than six months. Any retail food establishment that serves food and/or beverages for a period of six months or more shall not be eligible for a temporary food stand license. Frozen desert vehicles shall not be included in this definition.
[Added 11-20-2018 by Ord. No. 18-054]
[Amended 1-23-2007 by Ord. No. 07-001]
A. 
No person shall operate a retail food establishment as defined and governed by N.J.A.C. 8:24-1.1 et seq. without first having applied to and obtained a license from the Health Division of the City to operate said business.
B. 
Every retail food establishment as defined and governed by N.J.A.C. 8:24-1.1 et seq. must provide reasonable access to toilet facilities for its customers. Said facilities shall be kept clean and in working order during hours of operation. In addition, said facilities must be separated from food preparation and dining areas by walls and doors, in order to provide sanitary conditions and privacy for individuals using such facilities. All bathrooms shall be equipped with soap, paper towel, running hot and cold water and handwashing signage. If the establishment is a strictly takeout operation, such establishment may be exempt from this requirement at the discretion of the inspecting official.
[Amended 11-20-2018 by Ord. No. 18-054]
C. 
Every retail food establishment as defined and governed by N.J.A.C. 8:24-1.1 et seq. must submit to a health inspection conducted by the Paterson Division of Health upon its initial application and annually upon the renewal of said application.
[Added 6-28-2016 by Ord. No. 16-049]
D. 
The enforcing official shall inspect, as often as said official deems necessary, every retail food establishment. The person operating a retail food establishment shall permit access to all parts of the establishment and shall make available all records of food purchases on demand, and upon the request of the enforcing official.
[Added 11-20-2018 by Ord. No. 18-054]
E. 
A fee shall be imposed for all establishments requiring a reinspection for any reason during any calendar year. The fee shall be as follows:
[Added 11-20-2018 by Ord. No. 18-054]
(1) 
For retail food establishments that are 5,000 square feet in size or greater, a fee shall be imposed in the amount of $150 for the first reinspection that is required. If a second reinspection is required, such establishment shall be required to pay a fee in the amount of $200. If three or more reinspections are required, such establishment shall be required to pay a fee in the amount of $300 and may be subject to closure and/or court action.
(2) 
For retail food establishments that are less than 5,000 square feet in size, a fee shall be imposed in the amount of $75 for the first reinspection that is required. If a second reinspection is required, such establishment shall be required to pay a fee in the amount of $100. If three or more reinspections are required, such establishment shall be required to pay a fee in the amount of $300 and may be subject to closure and/or court action.
(3) 
For prepackaged retail food establishments, a fee shall be imposed in the amount of $75 for the first reinspection that is required. If a second reinspection is required, such establishment shall be required to pay a fee in the amount of $100. If three or more reinspections are required, such establishment shall be required to pay a fee in the amount of $300 and may be subject to closure and/or court action.
(4) 
For restaurants with zero to 299 seats, a fee shall be imposed in the amount of $100 for the first reinspection that is required. If a second reinspection is required, such establishment shall be required to pay a fee in the amount of $200. If three or more reinspections are required, such establishment shall be required to pay a fee in the amount of $300 and may be subject to closure and/or court action.
(5) 
For establishments with 300 or more seats, a fee shall be imposed in the amount of $150 for the first reinspection that is required. If a second reinspection is required, such establishment shall be required to pay a fee in the amount of $200. If three or more reinspections are required, such establishment shall be required to pay a fee in the amount of $300 and may be subject to closure and/or court action.
F. 
Requirements for retail food establishments.
[Added 11-20-2018 by Ord. No. 18-054]
(1) 
The premises shall be kept clean and free of litter and rubbish.
(2) 
No retail food establishment or part thereof shall be operated in any room used as living or sleeping quarters.
(3) 
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.
(4) 
Signs shall be posted in each toilet and other rooms used by employees and in the kitchen indicating the requirements for washing the hands, arms and other exposed surfaces of the body which may contact food after a bodily function or some other contaminating contact.
(5) 
The floors, walls, ceilings, shelving, partitions, windows, doors and other surfaces shall be made of or coated with a washable surface material, which shall be kept clean and in good repair in those rooms in which food or drink is stored or prepared or in which utensils are washed or in which toilet and lavatory facilities are provided.
(6) 
Every room shall be properly lighted, drained, plumbed and ventilated and shall be kept free of insects, vermin and other animals.
(7) 
When any such establishment is subject to infestation by insects, vermin or other pests, a rodent- and insect-control program must be maintained continuously. When requested, records of times and methods used must be made readily available. The enforcing official may close any establishment where such infestation occurs as described above.
(8) 
Running hot and cold water under pressure shall be easily accessible to all rooms in which food is prepared or utensils are washed. The water supply system shall be adequate as to quantity and quality and meet the potable water standards adopted by the State Department of Health.
(9) 
There shall be adequate and properly located toilet facilities in accordance with N.J.A.C. 5:23-3.15 and 5:23-7.1 et seq. The doors of all toilet rooms shall be self-closing.
(10) 
Adequate and properly located hand-washing facilities shall be provided, including hot and cold running water, soap and approved sanitary towels or air hand-drying facilities. The use of a common towel is prohibited.
(11) 
Employees shall not resume work after using the toilet room or subjecting the hands to other contaminating contacts without first washing the hands and arms with soap and hot water.
(12) 
All garbage and waste materials shall be placed in suitable galvanized iron or other sanitary containers that are watertight and shall be covered with close-fitting lids.
(13) 
All garbage and waste shall be removed daily from within the establishment.
(14) 
All cans used to store garbage and waste materials shall be thoroughly cleaned immediately upon being emptied.
(15) 
All plumbing and waste disposal equipment shall be so designed, installed, maintained and utilized in such a manner as to prevent contamination of the water supply, food, drink or equipment.
(16) 
Display cases, windows, counters, shelves, tables, refrigerating equipment, sinks and other equipment or utensils used in connection with the operation of said business shall be so constructed as to be easily cleaned, shall be kept in good repair and shall be kept clean and free from dust, dirt, insects, chemicals and other contaminating material. Utensils containing or plated with cadmium, lead or other toxic material shall not be used.
(17) 
All cloths used by employees and persons shall be kept clean.
(18) 
No article, polish or other substance containing any cyanide preparation or other poisonous material shall be used for the cleaning or polishing of utensils.
(19) 
After utensils are cleaned, they shall be stored in a clean, dry place protected from flies, dust and other contamination, and shall be handled in such a manner as to prevent contamination.
(20) 
All food and drink shall be clean, wholesome, free from spoilage and free of added toxic materials of all types, and shall be so prepared as to be safe for human consumption.
(21) 
All perishable food and drink shall be maintained at or below 41° F., or above 135° F. except during the time of preparation or processing. Such temperatures shall be maintained while in vehicles used for transporting same. Hot prepared food and drink may be air-cooled down to 150° F., but, for holding and storage below the point of 150° F., the food and drink must be reduced to a temperature of 41° F. or lower in a period not to exceed one hour.
(22) 
Potentially hazardous food should be cooked as follows:
(a) 
145° F. or above for 15 seconds for fish, meat, pork and commercially raised game animals.
(b) 
155° F. for 15 seconds corresponds to the holding time for ratites and injected meats; if they are comminuted: fish, meat, commercially raised game animals, and raw eggs.
(c) 
165° F. or above for 15 seconds for poultry, stuffed fish, stuffed meat, stuffed pasta, stuffed poultry, stuffed ratites, or stuffing containing fish, meat, poultry, cheese or ratities.
(d) 
Fruits and vegetables that are cooked for hot holding shall be cooked to a temperature of 135° F.
(e) 
Except during preparation, cooking, or cooling, or when time is used as the public health control, potentially hazardous food shall be maintained:
[1] 
At 135° F. or above, except that roasts cooked to safe cooking temperatures or reheated as specified under N.J.A.C. 8:24-3.4(g)5 may be held at a temperature of 130° F.; or
[2] 
At refrigeration temperatures.
(23) 
Food and containers of food shall be stored under refrigeration in such a manner as to permit free circulation of cold air and to prevent contamination. Fresh meats shall be so stored that juices cannot drip upon other foods. To promote rapid cooling, sandwich and salad mixtures and chopped, cut, boned or leftover food shall be kept refrigerated in shallow containers not to exceed three inches in food depth or by such other satisfactory means that will ensure prompt cooling of the whole mass to a temperature of 41° F. or lower within one hour.
(24) 
All milk, fluid milk products, ice cream and other frozen desserts sold shall be from approved sources and shall comply with the provisions of Chapter 24, N.J.A.C. 8:24-1.1 et seq.
(25) 
All poultry, meats, oysters, clams and mussels purchased shall be from approved sources.
(26) 
All food and drink, and the food contact surfaces of utensils used to store, prepare or serve same, shall be protected from adulteration and contamination from pesticides, human, animal and rodent discharges of all types and contamination by dirt, dust, droplets, condensate and leakage from overhead structures and pipes.
(27) 
All employees shall wear clean outer garments and shall keep their hands and arms clean at all times while engaged in handling food, drink, utensils or equipment. No employee shall expectorate or use tobacco in any form in any indoor area.
(28) 
No person shall work in any area of a food establishment in any capacity while affected with any disease in a communicable form or while a carrier of such disease.
(29) 
No person shall work in any area of a food establishment in any capacity while affected with boils, infected wounds, sores, acute respiratory infection, jaundice, sore throat with fever, nausea, vomiting, or diarrhea which could cause foodborne diseases such as staphylococcal intoxication, shiga, toxin-producing E. coli, salmonellosis, shigellosis or the hepatitis A virus.
(30) 
No person shall work in any area of a food establishment in any capacity if there is a likelihood of such person contaminating food or food contact surfaces with pathogenic organisms, or transmitting disease to other individuals, and no person known or suspected of being affected with any such disease or condition shall be employed in any such area or capacity.
(31) 
Food employees may not contact exposed, ready-to-eat food with their bare hands and shall use suitable utensils such as deli tissue, spatulas, tongs, single-use gloves, or dispensing equipment, except when washing fruits and vegetables. Single-use gloves shall be used for only one task such as working with ready-to-eat food or with raw animal food, used for no other purpose, and discarded when damaged or soiled, or when interruptions occur in the operation.
(32) 
No person shall engage in or be employed as a food handler without first having obtained a food handler's certificate pursuant to Chapter 235 from the City of Paterson Code.
[Amended 5-19-1981 by Ord. No. 81-026; 4-5-1983 by Ord. No. 83-022; 12-27-1988 by Ord. No. 88-047; 4-14-1992 by Ord. No. 92-009; 10-27-1998 by Ord. No. 98-073; 12-29-2003 by Ord. No. 03-093; 10-24-2007 by Ord. No. 97-056; 11-9-2010 by Ord. No. 10-073; 11-20-2018 by Ord. No. 18-054]
A. 
The fees for licenses and services provided to retail food establishments providing food in exchange for monetary compensation under this chapter shall be as follows:
(1) 
The annual license fee for retail food establishments that are 5,000 square feet in size or greater, as set forth below in Subsection A(3) through (7), shall be $600.
(2) 
The annual license fee for retail food establishments that are less than 5,000 square feet in size, other than those specifically set forth below in Subsection A(3) through (7), shall be $350.
(3) 
The annual license fee for prepackaged food and beverage stores shall be $250.
(4) 
The annual license fee for public eating places seating zero to 49 persons shall be $250.
(5) 
The annual license fee for public eating places seating 50 to 299 persons shall be $500.
(6) 
The annual license fee for public eating places seating 300 persons or more shall be $1,500.
(7) 
The permit fee for temporary food stands for a single event shall be $75.
(8) 
The permit fee for temporary seasonal food stand license shall be $300.
(9) 
The fee for food establishment plan review (new establishment) shall be $350.
(10) 
The fee for food establishment plan review (alteration) shall be $300.
(11) 
The annual license fee for any business that houses multiple food operations in the same location that is less than 5,000 square feet shall be $250 for the first operation and $100 for each additional operation.
B. 
All licenses shall be renewed by January 31 of each calendar year, beginning in January of 2019.
C. 
A late fee of $25 per month shall be assessed for late renewal of licenses pursuant to Subsection A(1), (2), (3), (4) (5) and (6) if such licenses are not renewed on or before January 31 of the calendar year. Reopening of such establishment will require the payment of all fees, including late fees and a reopening fee of $100.
D. 
Any establishment that fails to renew by June 30 of any calendar year shall be subjected to closure.
E. 
Any amendments to the licensing categories set forth above shall not be construed as invalidating licenses previously issued.
[Amended 11-20-2018 by Ord. No. 18-054]
A. 
If the enforcing official has reason to believe that any retail food-handling establishment is, or may be, a source of a confirmed foodborne illness, such official shall advise the owner, manager or person in charge (PIC) and order the establishment to be closed until the appropriate investigation is completed. This order shall be effective immediately and shall remain posted until such time as the existing health hazard or violation has been eliminated as determined by the enforcing official.
B. 
Potential reasons for closure under this section include and are not limited to: no hot water, no water, inappropriate temperature controls, vermin infestation, infection, weather-related catastrophe, fire beyond operator control, etc. A reopening fee of $100 shall be assessed for any establishment subjected to closure for any reason as determined by the health enforcing official.
C. 
Any license issued under the provisions of this chapter may be suspended or revoked by the Health Officer for the violation by the licensee of any provision of this chapter or N.J.A.C. 8:24-1.1 et seq. or whenever it shall appear that the business, trade, calling or occupation of the person to whom the license was issued is conducted in a disorderly or improper manner or in violation of any state or federal law or any ordinance of the City or that the person 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 for which the license was issued.
D. 
A license issued under this chapter shall not be revoked or suspended until a hearing thereon shall have been had by the Health Officer. Written notice of the time and place of such hearing shall be served upon the licensee at least three days prior to the date set for such hearing. Such notice shall contain a brief statement of the grounds to be relied upon for revoking or suspending such license. Notice may be given either by personal delivery thereof to the person to be notified or be deposited 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 Health Officer, the person aggrieved shall have an opportunity to answer and may thereafter be heard. Upon due consideration and deliberation by the Health Officer, the complaint may be dismissed or, if the Division concludes that the charges have been substantiated, it may revoke or suspend the license held by the licensee.
E. 
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 is approved by the Health Officer.
[Amended 11-20-2018 by Ord. No. 18-054]
A. 
A licensee whose license to operate has been suspended pursuant to § 231-4B shall cease operations until the suspension has been terminated by the Health Officer and all appropriate fees are paid.
B. 
The period of suspension shall be for such period of time as the Health Officer may determine to be necessary for the correction of the conditions that create a health hazard.
C. 
No provision of this chapter shall be construed, applied or enforced so as to impose any unlawful burden on either interstate commerce or any activity of the state or federal government.
[1]
Editor's Note: Former § 231-5.1, Hours of operation, was repealed 11-20-2018 by Ord. No. 18-054.
No provision of this chapter shall be construed, applied or enforced so as to impose any unlawful burden on either interstate commerce or any activity of the state or federal government.
[Amended 4-14-1992 by Ord. No. 92-009; 11-20-2018 by Ord. No. 18-054]
Any person who violates any provision of this chapter shall, upon conviction thereof, be punished by one or more of the following: a fine not exceeding $2,000, imprisonment for a term not exceeding 90 days or a period of community service not exceeding 90 days. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.