A.
A license shall be obtained from the Health Department
by every person who shall conduct, operate or maintain within the
Borough any fixed or mobile food establishment. Such license shall
be obtained before engaging in or maintaining any of the below mentioned
businesses.
B.
License fees. The annual license fee for retail food
establishments is hereby fixed as follows:
[Amended 7-5-2017]
(1)
Food establishments without seating such as convenience stores, delis,
bakeries, liquor stores, and other take-out establishments not otherwise
listed: $150.
(2)
Restaurants, catering halls, cafeterias, bars and any other food
establishments that have seating:
|
Number of Seats
|
Fee
|
|---|---|
|
1 to 25
|
$150
|
|
26 to 50
|
$200
|
|
51 to 100
|
$250
|
|
101 and above
|
$300
|
(4)
Temporary food license: $25.
(5)
Special event food permit: $20.
(6)
Mobile food vendors: $100.
(7)
Snack bars located within another business for the convenience of
the patrons, providing food primarily for on the premises consumption:
$100.
(8)
Seasonal food operators: $100.
(9)
Establishments that only sell prepackaged or unpackaged nonpotentially
hazardous food, coffee or prepackaged ice cream as a supplement to
the primary business: $50.
(10)
Religious, civic, nonprofit organizations: fee exempt.
(11)
Home delivery milk: $20.
C.
All licenses shall expire on the 31st day of May following
their issuance, excepting vending machine licenses, special event
and temporary licenses. Vending machine licenses shall expire February
28.
D.
All retail food licenses are nontransferable. Every
new owner or operator of a retail food establishment shall apply for
a new food license immediately upon or before taking title to a business
under new management.
E.
Temporary licenses.
(1)
The Health Department may issue a temporary license
at the time a new license or renewal is sought. The temporary license
shall be for a specified time period, not to exceed 30 days, during
which the licensee or permit holder shall meet any conditions set
forth by the Health Officer or his authorized agent(s). Upon expiration
of the temporary license the license holder shall cease operation
unless the Health Department has reissued a temporary license or granted
a regular license or permit.
(2)
The fee for a temporary license shall be $25. In the
event the Health Officer grants additional temporary licenses, the
fee shall be $25 in each instance.
F.
Penalties. There shall be charged a penalty for license fees received after the 10th day following the expiration dates as stipulated in Subsection C. Nothing herein shall be construed to extend the time in which fees are payable.
(1)
License fees of $100 or less shall be assessed a penalty
of $10 for a period not to exceed 30 days after the license expiration
date. Penalties shall be assessed at an additional $10 for each thirty-day
period, or portion thereof, after the initial penalty period.
(2)
License fees of $101 or more shall be assessed a penalty
of $25 for a period not to exceed 30 days after the license expiration
date. Penalties shall be assessed at an additional $25 for each thirty-day
period, or portion thereof, after the initial penalty period.
(3)
Vending machine licenses shall be assessed a penalty
of $5 per machine for a period not to exceed 30 days after the license
expires. Penalties shall be assessed at an additional $5 for each
thirty-day period, or portion thereof, after the initial penalty period
per licensed machine.
(4)
All penalty fees shall be paid inclusive with the
initial license fee.
G.
Special events requiring a special event food permit
shall include, but not be limited to bazaars, flea markets, parades,
picnics, carnivals, sidewalk sales and any other event not to exceed
five days' duration.
A.
Any license issued under the provisions of this article
may at any time during the term for which the same is so issued, be
suspended by the Board, or in an emergency, by the Health Officer
pending a hearing. A hearing, pursuant to a notice to show cause why
said license or permit should not be revoked or further suspended
by the Board, will be granted to the holder thereof.
B.
Failure by the license holder, or his representative,
to appear for a formal hearing before the Board, after receipt of
written notification of such hearing, shall not infringe upon the
Board's right to render judgement.
C.
Any license issued under the provisions of this article
may be suspended, after notice and a formal hearing as provided in
this Code, for any of the following reasons:
(1)
The violation of any of the provisions of this Code.
(2)
The violation of any statute of the State of New Jersey
dealing with health and sanitary practices and procedures.
(3)
A knowing misrepresentation of a material fact on
the retail food establishment license application form.
(4)
Failure to comply with lawful directives of the Board
of Health, the Health Officer or his authorized agent(s).
(5)
Two consecutive ratings of "conditional satisfactory"
by the Health Officer or his duly authorized agent(s).
D.
During the period of any such suspension, or continuance
thereof, every license or permit so suspended shall be ineffective
and the holder thereof shall, during the entire period of such suspension,
cease the operation of any business and discontinue every activity
or use permitted under the license or permit suspended.
A.
Before any license or permit may be revoked, the Health
Officer shall notify the license holder in writing, stating the reasons
for which the license is subject to revocation and advising that the
license shall be permanently revoked, as provided in this Code, for
any of the following reasons:
B.
Scheduling of suspension or revocation hearing. The
time and place for such formal hearing shall be fixed at the discretion
of the Board; provided, however, an unreasonable time shall not be
permitted to elapse between the date of any suspension of license
and the date fixed for the formal hearing.
C.
Notice of suspension or revocation hearing. Notice
of the time and place of any formal hearing held under this article
shall be given by the Board to the holder of the license or permit,
in writing, and served either personally or sent to the applicant
by certified or registered mail, addressed to him at the address stated
in the license or permit or by posting securely on or near the main
entrance door. If there is more than one entrance door, the notice
shall be posted on the one which, in the discretion of the Health
Officer, is most used by the general public.
D.
Formal hearing protocol. The Board as a whole shall
function as hearing officer. Testimony shall be offered by the Health
Officer and Sanitary Inspector(s) and by the license or permit holder
and any employee(s). An attorney may be present to represent the licensee
or permit holder and/or the Board. A verbal record shall be taken
on tape.
E.
Failure to appear. A licensee or permittee who fails
to appear at the time and place fixed for such hearing shall not be
entitled to any further hearing, and in that event the license or
permit may, as a matter of course, be forthwith revoked.
F.
License restoration. The Board of Health, after a
formal hearing, may order the license restored pending full compliance
with all applicable codes and statutes.
G.
Informal hearings. The Health Officer, as a result of any conditional or unsatisfactory inspection report or other field inspection documenting serious violations may ask the holder of a license or permit to attend an informal hearing with the Health Officer and one or more Sanitary Inspectors. At the informal hearing, the parties shall discuss the health-related problems in the establishment, actions necessary to correct said problems and a reasonable time schedule for completion. The Health Officer shall make a narrative record of the hearing which shall be the basis for a proposed consent agreement listing the deficiencies, corrections needed and time schedule for completion. Refusal to attend an informal hearing or sign a consent agreement may result in a notice to show cause pursuant to § 344-27A of this code.
[Amended 5-2008; 10-20-2020 by Ord. No. 20-2573]
A.
Definition. For purposes of this section, a "mobile food vendor"
is defined as anyone who sells non-prepackaged prepared food or beverages
from a nonpermanent location to the public-at-large, whether such
food or beverages are prepared on site or prepared elsewhere and transported
to the site of the sale. It includes, but is not limited to, anyone
who sells such food or beverages from a vehicle, whether motorized
or nonmotorized, such as a truck, van, trailer, or pushcart. It does
not include:
(1)
A vendor selling fresh, uncut fruits and/or vegetables at a community
farmer's market.
(2)
Deliveries of food to customers from a licensed retail food establishment
operating from a fixed location.
(3)
The sale of ice cream, ice cream products, water ices or frozen confectionary products, which is regulated by Chapter 227 of the Borough Code.
(4)
The sale of prepackaged food and beverages (except hot coffee, cocoa
and tea).
B.
Annual mobile food vendor license required.
(1)
All mobile food vendors are required to obtain an annual mobile food
vendor license from the Department of Health, along with any other
approvals required by this section or any other provision of the Borough
Code, before commencing the sale of any food or beverages with the
Borough of Bergenfield. Mobile food vendor licenses are valid for
a 365-day period (or 366 days in the event of a leap year) from the
date of issuance.
(2)
The annual Department of Health license fee is $150.
(3)
There shall be a maximum of 10 mobile food vendor licenses available.
If the license maximum is reached, the Department of Health shall
offer any licenses that thereafter become available because an existing
license holder's license has been revoked or non-renewed to a
new applicant on a first-come, first-served basis. The Department
of Health shall maintain a waiting list and notify the prospective
applicant on the top of the list that a license has become available,
and at such time the prospective applicant shall have five business
days from notification to either file an application for the license
or be removed from the waiting list.
(4)
At any time a mobile food vendor is conducting the sale of food or
beverages within the Borough, the mobile food vendor shall prominently
display copies of 1) the annual mobile food vendor license issued
by the Department of Health; 2) a certificate of registration issued
by the New Jersey Division of Taxation; and 3) the operating permit
allowing the mobile food vendor to serve food and beverages at a particular
location, issued by the Department of Health.
(5)
Mobile food vendor licenses are not transferrable and may not be
sold or leased to any other party.
(6)
Mobile food vendors are subject to random inspections by the Department
of Health at any time they are serving food or beverages within the
Borough.
C.
Application process.
(1)
Before issuing a mobile food vendor license, the Department of Health
shall obtain all information and documentation necessary in its judgment
to ensure that the applicant is prepared to meet all of the requirements
of the New Jersey State Sanitary Code and is capable of safe and sanitary
operation.
(2)
The applicant must provide documentation that at least one person
working for the mobile food vendor is a certified food protection
manager, or holds a food handler's certificate issued by an organization
recognized by the State of New Jersey to provide certified food protection
manager training.
(3)
If the mobile food vendor intends to serve food or beverages from
a vehicle, whether motorized or nonmotorized, such as a truck, van,
trailer or pushcart, proof of ownership of the vehicle must be supplied,
along with proof of general liability insurance with at least $500,000
in coverage. If the vehicle is motorized, proof of motor vehicle insurance
as required by N.J.S.A. 39:6B-1 must be supplied. The Department of
Health shall inspect and approve any vehicle to be used in the operations
of a mobile food vendor before issuing a mobile food vendor license.
D.
Fire permits required for certain operations. All mobile food vendors
shall comply with any requirements established by the Fire Department
and as set forth by the New Jersey Uniform Fire Code to ensure that
the operations of the mobile food vendor do not present a fire hazard.
Any mobile food vendor using any flame in its operations or utilizing
a tent or canopy 30 or more feet in length must pay the applicable
fee (as established by the New Jersey Department of Community Affairs)
and obtain a Type I permit issued by the Bergenfield Fire Department,
Bureau of Fire Prevention before commencing operations. If an inspection
is required during nonbusiness hours of the Bureau of Fire Prevention,
the mobile food vendor shall pay a $100 surcharge in addition to the
applicable fee. The Fire Department is empowered to conduct safety
checks of any mobile food vendor to ensure compliance with the New
Jersey Uniform Fire Code.
E.
Where mobile food vendors may and may not operate.
(1)
Commercial/industrial/office/property: mobile food vendors may operate
on a private commercial, industrial or office property that is located
within M & B-2 zone in the Borough under the following terms,
conditions and requirements:
(a)
The mobile food vendor must be situated at least 100 feet away
from the main entrance of any licensed restaurant, luncheonette or
tavern that serves food.
(b)
Prior to allowing a mobile food vendor to operate on a private
commercial, industrial or office property that property must be approved
for a zoning permit from the Department of Building, Housing and Land
Use. The zoning permit applicant must be the property owner or an
authorized agent of the property owner. As part of the application
for this zoning permit, the applicant shall submit notarized documentation
that the property owner, or an authorized agent of the property owner,
has authorized mobile food vendors to operate on the property and
further consents to allowing Borough officials onto the property to
enforce the provisions of this section. This documentation shall include
a phone number and email address for at least one representative of
the property owner who may be contacted by the Borough during the
period when the zoning permit is in effect and is empowered to address
any concerns that may arise. The zoning permit shall be valid for
a period of up to 90 days and shall be renewable for an unlimited
number of times. The fee for each zoning permit (including renewals)
is $50.
(c)
A maximum of one mobile food vendor shall be allowed to operate
on a private commercial, industrial or office property at any particular
time. However, the zoning permit does not restrict the property from
hosting different mobile food vendors over the entirety of ninety-day
period the zoning permit is valid so long as only one mobile food
vendor is operating on the property at any one time.
(d)
Exceptions to the one-mobile-food-vendor limit may be granted
by the Borough Administrator and only in connection with a special
event open to the general public, such as a fair, festival or carnival,
not to exceed five days in length. In the case of a one-day event,
the Borough Administrator has the authority to expand the number of
vendors as needed.
(e)
Mobile food vendors may not operate on any private commercial,
industrial or office property outside of a M & B-2 zone, except
as authorized by the Borough Administrator and only in connection
with a special event open to the general public, such as a fair, festival
or carnival, not to exceed five days in length.
(2)
Public property/parks. No mobile food vendor may operate on public
property, including a Borough park, field or parking area adjacent
thereto, except as authorized by the Borough Administrator and only
in connection with a special event open to the general public, such
as a fair, festival or carnival, not to exceed five days in length.
(3)
Residential property. Mobile food vendors are not normally allowed
to operate on residential property. Exceptions are for 1) an approved
residential block party or 2) an approved private catering arrangement.
In either circumstance, the mobile food vendor and residential property
must be in compliance with all other applicable Borough code requirements.
An application to operate on a residential property shall be made
to the Borough Administrator at least 10 business days in advance
of the event at and authorization shall be granted for no greater
than a two-day period.
(4)
Public streets and sidewalks. Mobile food vendors are prohibited
from serving food or beverage along any public street, including from
any metered or nonmetered parking space along any public street, or
any public sidewalk or right-of-way. The Borough Administrator may
grant limited exceptions from this requirement on a case-by-case basis
when the public interest requires.
(5)
Other property within the Borough. Mobile food vendors may not operate on any other property within the Borough not specifically mentioned in Chapter 186 Attachment 1, Schedule A, except as authorized by the Borough Administrator and only in connection with a special event open to the general public, such as a fair, festival or carnival, not to exceed five days in length.
F.
Dates, hours and other conditions of operation.
(1)
At least five business days prior to operating on any private commercial, industrial or office property within the Borough, a mobile food vendor shall file with the Department of Health a schedule of the dates and times it will be serving food and beverages for the ninety-day period at each location where a zoning permit has been granted pursuant to Chapter 186 Attachment 1, Schedule A. Any changes to that schedule shall be filed with the Department of Health at least three business days in advance. Provided all of the requirements of this section are met, the Department of Health shall issue an operating permit authorizing the mobile food vendor to serve food and beverages on that specific private commercial, industrial or office property. A separate operating permit shall be required for every property on which a mobile food vendor will be conducting operations. There is no charge for an operating permit.
(2)
It shall be a violation of this section for a mobile food vendor
to serve food and beverages at any other time than as set forth on
the schedule it has filed with the Department of Health for a specific
private commercial, industrial or office property.
(3)
Maximum operating hours for any mobile food vendor are 10:00 a.m.
until 7:00 p.m., seven days per week.
(4)
Mobile food vendors shall make every effort to minimize noise and
odors while in operation and shall ensure that customers have trash
receptacles readily available on site, or some other adequate means
to ensure the proper disposal of any food or other waste generated.
(5)
Mobile food vendors utilizing motorized vehicles are prohibited from
parking any such vehicle on any property where the mobile food vendor
has been authorized to serve food and beverage between the hours of
11:30 p.m. and 6:00 a.m. the following morning. This provision shall
not apply if the motorized vehicle is stored in a garage located on
the property. Exceptions may be granted by the Borough Administrator
for no more than five nights and only in connection with a special
event open to the general public, such as a fair, festival or carnival.
(6)
A mobile food vendor shall not provide or allow any dining area,
including but not limited to tables, chairs, booths, bar stools, benches,
or standup counters, in connection with its operations. The foregoing
shall not apply to already existing facilities located on the property
where the mobile food vendor is operating.
G.
Inspections and enforcement. The Department of Health, Building Department,
Fire Department, Police Department and Borough Administrator are empowered
to conduct inspections of any mobile food vendor to ensure compliance
with the provisions of this section that are within their respective
areas of jurisdiction, along with any other applicable provisions
of the Borough Code or New Jersey laws or regulations. These officers
are further authorized to enforce this section and all of its provisions.
H.
Violations and penalties. Any person who violates any of the provisions of this section shall be subject to the penalties established by § 344-4, Violations and penalties, of the Borough Code. Additionally, any vehicle, whether motorized or nonmotorized, such as a truck, van, trailer or pushcart, used in a mobile food vending operation without all applicable licenses and permits as required by this section shall be deemed a public safety hazard and may be impounded.
I.
License revocation or suspension. Failure to comply with any of the provisions of this section may result in having any license or permit issued under the provisions of this section revoked or suspended for a specified period of no greater than 90 days, by the licensing authority, Borough officer responsible for enforcement or by the Borough Council, in accord with the provisions of § 198-9 of the Borough Code. The foregoing is in addition to the penalties established by § 344-4, Violations and penalties, of the Borough Code.
J.
Mobile and transient food establishments. All food and beverages, except hot coffee, cocoa and tea, on mobile or transient retail food establishments, shall be prepackaged, unless the mobile or transient retail food establishment has been issued a mobile food vendor license as provided in Subsection B herein and is operating in compliance with all of the provisions of the Borough Code. If the food or beverage is prepackaged outside the limits of the Borough of Bergenfield, a certification from the Health Department as to its sanitary condition shall accompany the application for a license required by this section.
All foods offered for sale by a retail food
establishment in a prepackaged form shall bear a label which contains
the name and address of the manufacturer or distributor, the common
name of the product and a list of ingredients in descending order
of concentration if there are two or more ingredients, and the weight
of the product.
In all new retail food establishments, equipment
installed shall be approved by the National Sanitation Foundation
(N.S.F.) where applicable. In all existing establishments equipment
that shall be added or replaced shall be approved by the National
Sanitation Foundation (N.S.F.).
All grease traps within a food establishment
must be cleaned and maintained so as to be in proper working condition.
All retail food establishments shall immediately
post the latest evaluation placard provided by the Health Department
in a conspicuous location near the public entrance of the establishment,
at approximately eye level, where it may be viewed by the public before
or immediately upon entering the establishment.
A.
In any retail food establishment where in the opinion
of the Health Department application of insecticides or rodenticides
is necessary, they shall be applied only by an individual currently
certified to do so by the New Jersey Department of Environmental Protection
and Energy.
B.
The notice left by the applicator as required by N.J.A.C.
7:30-9.10(c), which includes the date of latest application, pesticide(s)
used, name of contact person and telephone number shall be permanently
posted next to the Health Department evaluation placard.
Every retail food establishment in which food
or drink is prepared for on the premises consumption shall provide
necessary and adequate toilet facilities for the patrons thereof as
defined herein.
A.
Separate toilet facilities shall be available for
each sex and shall consist of a toilet, a lavatory sink supplied with
hot and cold water under pressure, an approved liquid or powder soap
dispenser, an adequate supply of soap, and an approved hand towel
dispenser or hand-drying device. Such facilities must be available
at all times to patrons of the establishment.
B.
Said toilet facilities shall be maintained in a sanitary
condition at all times.
C.
Said toilet facilities shall be available to the customers
without passing through the food preparation area.
D.
Said toilet facilities shall not open into the food
preparation area.
E.
Said toilet facilities shall be identified by a sign
stating "Restroom," "Men's," "Ladies," or an equivalent designation.
If restrooms are not visible from the customer area, then a sign directing
customers to the restroom(s) shall be readily visible in the dining
area.
F.
Existing establishments which do not meet the requirements
of this section but which provide a single toilet facility to the
patrons shall be exempt from the requirement of separate toilet facilities
for male and female patrons.
[Amended 10-16-2007]
A.
Within one year of the effective date of this section
of the Sanitary Code, at least one person in charge in a Risk Type
2 or Risk Type 3 Food Establishment shall be a certified food protection
manager who has obtained a food safety certificate by passing a food
safety certification examination administered by an accredited certifying
program recognized by the Conference of Food Protection. Certified
food managers shall maintain the currency of the food safety certificate
by following the accredited certifying program's requirements for
renewal. Within two years of same effective date, in a Risk Type 3
Food Establishment, all persons in charge shall need to be in compliance
with the above certification requirements. After this initial two-year
period, all new persons in charge in a Risk Type 3 Food Establishment
must comply with the certification requirements within 60 days of
employment as a person in charge.
B.
All persons in charge in Risk Type 2 Food Establishments
who are not required to meet the above certified food protection manager
requirements must have completed a food handler's course of instruction
and passed a written examination in food protection, sanitation, personal
hygiene, and other relative topics. The course of instruction shall
be under the supervision and direction of the Bergenfield Health Department
and shall be given monthly, except that it may be rescheduled at the
discretion of the Health Officer or his designee because of poor attendance
or other reasons.
C.
Any person in charge in a Risk Type 2 Food Establishment
must apply in writing on a form provided by the Health Department
and attend the course within 30 days of employment as a person in
charge.
D.
It shall be the responsibility of the employer to
see that his employees obtain a food protection manager certificate
or food handler's card as stipulated above.
E.
Current food handlers' cards issued by health departments
in other jurisdictions may be accepted as substitutes for the Bergenfield-issued
cards, provided the course of instruction is similar in nature to
the Bergenfield course and a copy of the certificate or card is provided
to the Bergenfield Health Department. No card or certificate shall
be considered valid for more than three years from the date of its
issuance.
F.
A food handler's card is not transferable. No person
to whom a food handler's card is issued shall give, loan, transfer
or permit the same to be used by any other person for any purpose
whatsoever.
G.
The final determination as to which risk type a food
establishment falls into shall be made by the Health Department.
H.
Fees and renewals.
(1)
The fee for the issuance of a food handler's card
is hereby fixed at $15.
(2)
The fee for the issuance of a duplicate food handler's
card shall be $5.
(3)
Upon the expiration of the food handler's card three
years from the date of issuance, that person shall be required to
take another course of instruction and examination. The renewal fee
shall be the same as the initial card issuance fee.
(5)
The course fees include the taking of the exam and
the issuance of a certificate if the exam is passed. Fees are not
refundable.
I.
Suspension or revocation of card. For good cause shown
and on five days' written notice to any person holding a food handler's
card issued by the Bergenfield Health Department, the Health Officer
may revoke said card. Good cause shall include:
(1)
The repetitious violation of any provisions of Chapter
24 of the New Jersey State Sanitary Code (N.J.A.C. 8:24).
(2)
A knowing misrepresentation of a material fact on
the food handler's card application form.
(3)
At written request by the holder of the card, the
Health Department shall hold a hearing to determine if good cause
exists for the revocation of such card.
J.
Records. All employers shall at all times keep and
maintain accurate records of the name of each person in charge, the
date of employment and the date of issuance of any food handler's
card or food protection manager's certification. Said records shall
be available for inspection by the Health Department.
