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.
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, 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.
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.
[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. having 10 or more seats for the public must provide reasonable access to toilet facilities for the public. 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.
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]
[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]
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 (5,000 or more square feet) other than those specifically set forth below in Subsection A(3) through (7): $500.
(2) 
The annual license fee for retail food establishments (less than 5,000 square feet) other than those specifically set forth below in Subsection A(3) through (7): $250.
(3) 
The annual license fee for prepackaged food and beverage stores: $175.
(4) 
The annual license fee for public eating places seating zero to 49: $200.
(5) 
The annual license fee for public eating places seating 50 to 299: $350.
(6) 
The annual license fee for public eating places seating 300 and over: $1,000.
(7) 
The permit fee for temporary food stands (two weeks or less): $50.
(8) 
The fee for food establishment plan review (new establishment): $250.
(9) 
The fee for food establishment plan review (alteration): $250.
(10) 
The fee for late renewal of licenses under Subsection A(1), (2), (3), (4) (5) and (6) herein (more than 30 days after expiration date): $25.
B. 
Any amendments to the licensing categories set forth above shall not be construed as invalidating licenses previously issued.
A. 
Any license issued under the provisions of this chapter may be suspended or revoked by the Health Division of the City 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.
B. 
A license issued under this chapter shall not be revoked or suspended until a hearing thereon shall have been had by the Health Division. 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 Division, the person aggrieved shall have an opportunity to answer and may thereafter be heard. Upon due consideration and deliberation by the Health Division, 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.
C. 
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 Health Officer.
A. 
A licensee whose license to operate has been suspended shall cease operations until the suspension has been terminated by either the Health Officer or Health Division action.
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 which are in violation of § 231-4A except that such period of suspension shall not exceed seven days.
C. 
The Health Officer shall cause a reinspection of the licensed premises to be performed within three days of the suspension to determine if violations causing the suspension have been corrected and to determine if the premises are currently in compliance with § 231-4A.
D. 
If the operational practices and premises of the licensee are found, upon such reinspection, to be in compliance with § 231-4A, the suspension shall be terminated and the licensee permitted to resume operations.
E. 
If the operational practices or premises of the licensee are found, upon such reinspection, to be in noncompliance with § 231-4A, the suspension shall be continued. The licensee will not be permitted to resume operations and shall be required to appear before the Health Division for a hearing.
[Added 2-13-2007 by Ord. No. 07-003]
The hours of operation of a retail food establishment with 10 tables or less subject to the provisions of this chapter shall not be earlier than 5:00 a.m., nor later than 12:01 a.m., the following day. The regulations provided for by this section shall not affect businesses which are subject to Chapter 113 of the Code of the City of Paterson.
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]
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 $1,000, 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.