A.
No person, persons, firm or corporation shall operate
a retail food establishment or wholesale food establishment within
the limits of the City of Passaic or permit the operation of any of
the same within his establishment unless and until a license therefor
is first obtained from the Division of Health of the City of Passaic.
B.
The license shall be posted in a conspicuous location
in the retail food establishment or wholesale food establishment where
it may be readily observed at eye level by all patrons before or immediately
upon entering the establishment.
C.
No portion of the license shall be obstructed from
view during display.
D.
It shall be unlawful for the any person to erase,
cancel, deface, or alter a license once it has been issued by the
Division of Health.
E.
The owner or person in charge of an establishment
shall permit any City of Passaic official, inspector or police officer
who has presented proper identification to fully examine any license
issued by the Division of Health.
F.
Licenses issued by the Division of Health shall contain
a registration number and the date of expiration.
G.
Licenses shall be valid for a calendar licensing period
commencing January 1 and ending December 31. All licenses issued during
the course of a calendar year shall expire on December 31 of that
year, regardless of the date issued.
H.
License holders shall notify the Division of Health
in writing within 10 calendar days of any change in the owner's contact
information or of discontinuance of operations.
I.
A grocery store or supermarket that sells produce consistently year
round shall be permitted to sell produce in the front exterior of
the premises as a seasonal farmers' market, subject to the following
requirements and restrictions:
[Added 2-21-2012 by Ord. No. 1890-12; amended 8-8-2017 by Ord. No. 2116-17]
(1)
All
produce must be purchased from an approved state, county or local
supplier.
(2)
Only
whole, uncut produce shall be offered for sale.
(3)
The designated area where the produce is to be sold shall be monitored by an employee trained in safe operating procedures as required under § 149-35, and such employee shall be responsible for preventing the sale of any rotten or spoiled produce.
(4)
All
produce must be stored in a clean, dry location that is not exposed
to splash, dust or the sun. The food establishment must be equipped
with an approved protective covering, such as a canopy or similar
structure, to ensure the safety and cleanliness of the produce.
(5)
All
produce must be brought into the food establishment during nonbusiness
hours.
(6)
Food
establishments already licensed and in existence shall obtain an amended
certificate of occupancy which specifically permits the exterior sale
of produce. No food establishment shall conduct such sales without
a certificate of occupancy which specifically permits the exterior
sale of produce.
Licenses, once issued by the Division of Health,
shall not be transferable to another person or entity or from premises
to premises.
A.
Any person desiring a license to operate a retail
or wholesale food establishment shall apply, in writing, on forms
promulgated and supplied by the Division of Health. Such forms shall
be duly verified by the applicant. The applicant shall set forth:
(1)
The name, permanent mailing address, and telephone
number of the owner or owners of the retail food establishment or
wholesale food establishment. If the applicant is a corporation, partnership,
LLP or LLC, the name and address of its registered agent or agents
shall be provided.
(2)
The establishment name, address, and telephone number.
B.
No initial license or renewal thereof shall be issued
by the Division of Health unless the premises to be licensed has been
previously inspected and found to be in compliance with the requirements
of this chapter, as well as the regulations of the State of New Jersey,
including the New Jersey Administrative Code at N.J.A.C. 8:24-1.1
et seq. or at N.J.A.C. 8:21-13.1 et seq., as the same may be from
time to time amended and supplemented.
C.
No license shall be issued by the Division of Health
unless a valid certificate of occupancy issued by the Construction
Official has been issued for the premises. A certificate of occupancy
shall be required for any retail food establishment or wholesale food
establishment that has been renovated or has changed ownership.
D.
At least 30 days prior to expiration of a license,
the licensee shall make an application for renewal at the Division
of Health.
[Amended 11-10-2011 by Ord. No. 1877-11]
A.
License, duplicate and late fees for retail or wholesale
food establishments shall be as follows:
(1)
A seating capacity of one to 50 persons or total floor
space under 2,000 square feet: $100.
(2)
A seating capacity of 51 to 100 persons or total floor
space between 2,001 square feet and 4,000 square feet: $150.
(3)
A seating capacity of 101 or over or total floor space
over 4,000 square feet: $200.
(4)
Duplicate license fee: $35.
(5)
Late fee for licenses renewed after January 15 following
expiration of a license: $50.
(6)
Duplicate food-handling training course certificate:
$10.
B.
No license fees, late fees, or duplicate fees shall
be charged to public schools, charitable, or nonprofit organizations.
A.
Any person desiring to renovate, expand or substantially
alter a retail food establishment or wholesale food establishment
shall submit plans and specifications to the Division of Health for
review and final approval prior to the issuance of any building permits
and prior to such renovations, expansions or alterations taking place.
B.
Upon receipt of plans and specifications for renovations,
expansions or alterations of a retail food establishment or wholesale
food establishment, the Division of Health shall perform a review
of such plans within 30 days of the date of submission and issue an
approval or denial of approval.
C.
All plans and specifications for retail food establishments
shall meet the requirements set forth in the New Jersey Administrative
Code at N.J.A.C. 8:24, as the same may be from time to time amended
and supplemented.
D.
All plans and specifications for wholesale food establishments
shall meet the requirements set forth in the New Jersey Administrative
Code at N.J.A.C. 8:21-13.1 et seq., as the same may be from time to
time amended and supplemented.
A.
All retail food establishments and wholesale food
establishments shall post the latest inspection evaluation placard
provided by the Division of Health in a conspicuous place, alongside
the license issued under this article, where it may be readily viewed
at eye level by all patrons before or immediately upon entering the
establishment.
B.
It shall be unlawful to post any other evaluation
placard other than the latest evaluation placard provided by the Division
of Health.
C.
No portion of an evaluation placard shall be obstructed
from view during display.
D.
It shall be unlawful for the any person to erase,
cancel, deface, or alter an evaluation placard once it has been issued
by the Division of Health.
E.
The owner or person in charge of an establishment
shall permit any City of Passaic official, inspector or police officer
who has presented proper identification to fully examine any evaluation
placard issued by the Division of Health.