[HISTORY: Adopted by the Mayor and Borough
Council of the Borough of Rocky Hill 2-18-1992 by Ord. No. 1-92. Amendments
noted where applicable.]
[Amended 5-6-2013 by Ord. No. 2-2013]
A.
No person shall conduct a retail food establishment (as defined in and governed by the New Jersey State Sanitary Code, Chapter 24, Sanitation in Retail Food Establishments and Food and Beverage Vending Machines) in the Borough of Rocky Hill, Somerset County, New Jersey, without first having procured a license from the Rocky Hill Board of Health or without complying with any or all of the provisions concerning operation and maintenance of such as contained in the New Jersey Sanitation Code, Chapter 24, Sanitation in Retail Food Establishments and Food and Beverage Vending Machines.[1]
[1]
Editor's Note: See N.J.A.C. 8:24-1 et seq., Retail Food
Establishments and Food and Beverage Vending Machines.
B.
No license
shall be issued to a retail food establishment until it has passed
a preopening inspection by the Health Services Provider of the Rocky
Hill Board of Health.
C.
When retail food inspections are conducted, the following grading
system shall apply:
(1)
"A" shall mean that the retail food establishment is found to be
operating in substantial compliance with all local and state codes
and regulations.
(2)
"B" shall mean that the retail food establishment is found to be
operating in acceptable compliance with all state Codes and regulations.
(3)
"C" shall mean receiving a conditionally satisfactory inspection,
with three or more critical violations requiring correction and reinspection.
(a)
If the food establishment grade is "C" Conditionally Satisfactory,
upon subsequent correction of violations and reinspection, the establishment
can receive a grade of no higher than "B" Satisfactory until the next
routine inspection. '
(4)
An "'unsatisfactory" rating shall mean that the retail food
establishment is operating with one or more violations that constitute
gross unsanitary or public health hazards.
(5)
The assignment of grades shall be determined by a one-hundred-point
system in which violations are assigned a point value which is deducted
from the starting value of 100 points. Violation points are weighted
based on whether they are critical items, noncritical items, or public
health hazards. The grades are as follows:
|
Satisfactory - A
|
90-100
| |
|
Satisfactory - B
|
86-89
| |
|
Conditional Satisfactory - C
|
61-85
| |
|
Unsatisfactory
|
<61 or uncorrected public health hazard.
|
D.
Inspections shall be performed annually, except retail that reinspections
shall performed where food establishment receives a grade of less
than "B" Satisfactory.
E.
A retail food establishment may be inspected more than once annually
if the Health Services Provider deems it appropriate.
F.
The retail food inspection evaluation placard shall be posted immediately
in a conspicuous place near the public entrance of the establishment
in such a manner that the public may view the placard.
The annual fees for licensing of retail food
establishments are hereby fixed as follows:
A.
Retail food establishment, permanent locale.
(1)
Restaurant, taverns, luncheonettes, soda fountains
and other establishments serving food on the premises:
|
Number of Seats on Single Premises
|
Annual Fee
| |
|---|---|---|
|
1 to 50
|
$50
| |
|
51 to 200
|
$100
| |
|
Over 200
|
$150
|
(2)
The "seating capacity of each restaurant" shall mean
the total of each chair, stool, or other individual unit. Where benches
are used or standing space is offered at a bar or counter, each 20
inches of linear length of such bench, counter or bar shall constitute
a unit of serving capacity.
B.
Retail food-handling establishments, other than those provided for in Subsection A above:
|
Number of Square feet on Single Premises
|
Fee
| |
|---|---|---|
|
0 to 3,500
|
$50
| |
|
3,501 to 5,000
|
$75
| |
|
5,001 to 10,000
|
$150
| |
|
More than 10,000
|
$250
|
C.
Temporary or itinerant retail food establishments:
$50.
D.
Nonprofit, religious, or emergency services organizations that on
occasion function as retail food establishments: $25.
[Added 10-4-2010 by Ord. No. 6-2010]
A.
Grounds for revocation. Any license issued under the
terms and provisions of this chapter may be suspended or revoked by
the Rocky Hill Board of Health for the violation by the licensee of
any provision of this section or the New Jersey State Sanitary Code,
Chapter 12, Sanitation in Retail Food Establishments and Food and
Beverage Vending Machines whenever it shall appear that the business,
trade, calling, profession or occupation of the person to whom such
license was issued is conducted in a disorderly or improper manner
in violation of any law of the United States, the State of New Jersey
or any ordinance of this Borough or that the person or persons conducting
the retail food establishment are of an unfit character to conduct
the same and that the purpose for which the license has been issued
is being abused to the detriment of the public health or is being
used for a purpose foreign to that for which the license was issued
as it relates to public health and environmental enforcement.
B.
Hearing required. A license issued under the terms
and provisions of this chapter shall not be revoked, canceled or suspended
until a hearing thereon shall have been had by the Rocky Hill Board
of Health. Written notice of the time and place of such hearing shall
be served upon the licensee at least seven days prior to the date
set for such hearing. Such notice shall also contain a brief statement
of the grounds to be relied upon for revoking, canceling or suspending
such license. Notice may be given either by personal delivery thereof
to the person to be notified or may 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 the license.
At the hearing before the Board of Health the person aggrieved shall
have an opportunity to answer and may thereafter be heard, and upon
due consideration and deliberation by the Board of Health, the complaint
may be dismissed, or if the Board concludes that the charges have
been sustained and substantiated, it may revoke, cancel or suspend
the license held by the licensee.
C.
Board approval required for application. 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 Borough unless
the application for such license shall be approved by the Board.
[Amended 5-6-2013 by Ord. No. 2-2013]
As a condition of licensing, each establishment where food is
prepared, handled or packaged must have on the premises at least one
person who has successfully completed a basic food handler's
program at all times during which the establishment is in operation.
Acceptable food handler's programs include those offered by the
Health Services Provider or a similar approved program offered within
the State of New Jersey. Said training shall be valid for a period
of three years. A copy of all current certificates of course completion
shall be maintained on site and be available to the Health Services
Provider on request.
No provision of this chapter shall be applied
so as to impose any unlawful burden on either interstate commerce
or any activity of the state or federal government.
Any person who shall violate any of the provisions
of this chapter shall, upon conviction, be liable for a penalty in
a maximum amount of $500 per violation. A separate violation may be
charged and a separate penalty assessed for each day such person is
in violation of this chapter.[1]
