City of Passaic, NJ Article II Retail and Wholesale Food Establishments

§ 149-6 License required; general licensing provisions.

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.

(7) The establishment shall comply with all requirements of Chapter 245 of the City Code and obtain the required license thereunder.[1]

[1] Editor’s Note: See Ch. 245, Sidewalk Sales.

§ 149-7 Transferability of licenses.

Licenses, once issued by the Division of Health, shall not be transferable to another person or entity or from premises to premises.

§ 149-8 Application for license; inspections; renewal of licenses.

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.

§ 149-9 Fees; exception to fees.

[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.

§ 149-10 Plans required prior to renovations, expansions, or alterations.

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.

§ 149-11 Inspection evaluation placards.

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.