[HISTORY: Adopted by the Board of Health of the Township of Bethlehem 10-17-1990
as Ord. No. 245-1-90.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Fees for inspection of food establishments — See Ch. 164.
[1]
Editor's Note: This ordinance also superseded former Chapter
166, Food Establishments, adopted 4-11-1969 as Ord. No. 105.
This chapter shall be known as the "Retail Food Establishment Ordinance
of the Township of Bethlehem."
Chapter XII of the New Jersey State Sanitary Code is hereby adopted,
and a copy of said code is annexed to this chapter and made a part hereof
without the inclusion of the text herein.[1]
[1]
Editor's Note: Copies of the State Sanitary Code are on file
in the office of the Board of Health.
All retail food establishments shall comply with Chapter XII of the
New Jersey State Sanitary Code relating to the construction, operation and
maintenance of retail food establishments and this chapter and all violations
are hereby declared to be nuisances hazardous to health.
As used in this chapter, the following terms shall have the meanings
indicated:
Those organizations which are exempt from tax by the United States
Internal Revenue Service and which present to the Board of Health a tax exemption
number which has been issued to them by that federal agency.
Those that are not temporary.
Includes organizations, corporations, unincorporated associations,
individuals, persons, any group of two or more persons or any other entity.
Any fixed or mobile restaurant; coffee shop; cafeteria; short-order
cafe; luncheonette; grill; tearoom; sandwich shop; soda fountain; tavern;
bar; cocktail lounge; nightclub; roadside stand; industrial vending establishment;
private, commercial or nonprofit organization, institution or group preparing,
storing or serving food; catering kitchen; commissary; box lunch establishment;
retail bakery; meat market; delicatessen; grocery store; public food market
or similar place in which food or drink is prepared for retail sale or for
service on the premises or elsewhere; and any other retail eating or drinking
establishment where food is served, handled or provided for the public with
or without charge; except that agricultural markets, covered dish suppers
or similar type of church or nonprofit type institution meal services shall
meet the special provisions of N.J.A.C. 8:24-8; provided, further, that any
food and beverage vending machine shall meet the requirements of N.J.A.C.
8:24-11 (both of which sections are contained in Chapter XII of the New Jersey
State Sanitary Code adopted herein).
One in continuous service for not more than three days.
A.
It shall be unlawful for any person to conduct a retail
food establishment as defined herein without first having procured an annual
license from the Board of Health or to conduct said activities without complying
with any or all of the provisions of this chapter and Chapter XII of the New
Jersey State Sanitary Code.
B.
No retail food establishment license shall be issued
unless the retail food establishment shall have in its possession and on display
a current satisfactory inspection certificate from the Hunterdon County Health
Department, dated within 12 months of the application for said license.
A.
Each applicant for a license shall complete an application
and provide all information requested on the application. When requested,
each applicant shall provide further proof to the Board of Health of any representations
contained in the application. Failure to do so shall result in the application
being denied.
B.
If there is a material misrepresentation or omission,
any license issued on the basis of that application shall be revoked or suspended.
A.
The permanent licenses issued shall be effective for
a period of one-year commencing on June 1 and expiring on May 31 and shall
be renewable for succeeding years thereafter upon payment of the annual fee
and compliance with the requirements of this chapter and all other applicable
laws and regulations.
B.
Each temporary license shall be issued for a period of
time not to exceed three days.
C.
All applications for retail food establishment licenses,
whether permanent or temporary, on forms prescribed by the Board of Health
and the required fee shall be submitted to the Board of Health at least 20
days prior to the date of the requested issuance or renewal.
A.
The annual license fees to be paid for issuance of a
permanent or temporary retail food establishment shall be as follows:
(1)
Category 1. For newsstands, pharmacies, liquor stores,
video stores, and other retail establishments which handle commercially prepared,
prepackaged, non-potentially-hazardous foods as an incidental part of their
business, the fee is $200.
(2)
Category 2. For bed-and-breakfast (B&B's) which
serve full breakfasts, and for agricultural markets (with no on-site food
preparation) where potentially hazardous foods are offered for sale or where
grocery food items account for 50% or more of the agricultural market's
sales area, the fee is $200. (B&B's which only serve continental
breakfasts and agricultural markets which only sell raw agricultural products
and an incidental amount of grocery items are exempt from licensing and inspection
fees.)
(3)
Category 3. For all other retail food establishments,
the fee shall be $300.
(4)
Nonprofit community service organizations: None.
(5)
Public schools, fire departments, ambulance, and rescue
squads: None.
(6)
For each temporary retail food establishment as defined
under N.J.A.C. 8:24-1.3, the fee is $200, provided that the food establishment
is operational for a period of not more than three days. For temporary food
establishments which are operational for four or more days, the fee is $300.
B.
The above fees may be modified at any time by resolution
of the Bethlehem Township Committee.
[1]
Editor's Note: This ordinance provided for an effective date
of 1-1-2004.
Three copies of Chapter XII of the New Jersey State Sanitary Code have
been placed on file in the office of the Secretary of the Board of Health
and shall remain on file there for use and examination by the public.
A.
Any person who violates any provisions of or order promulgated
under this chapter or Chapter XII of the New Jersey State Sanitary Code shall,
upon conviction thereof, be punished by a fine of not less than $5 nor more
than $500.
B.
The Bethlehem Municipal Court shall have jurisdiction
over proceedings to enforce and collect any penalty imposed because of a violation
of any provisions of this chapter or Chapter XII of the New Jersey State Sanitary
Code. The proceedings shall be summary and in accordance with the Penalty
Enforcement Law (N.J.S.A. 2A:58-1 et seq.); process shall issue at the suit
of such local board and shall be either in the nature of a summons or warrant.
C.
The Court may cause a person who refuses or neglects
to pay the amount of a judgment rendered against him and all costs and charges
incident thereto to be committed to the county jail for a period not exceeding
90 days.
D.
In the event that a person shall have been twice convicted, within the space of six months, of a violation of this chapter or Chapter XII of the New Jersey State Sanitary Code, the Court may, in addition to the imposition of the penalty prescribed by Subsection A of this section, cause the person to be imprisoned in the county jail for any number of days not exceeding one for each dollar of the penalty.
E.
In addition to the penalties set forth above, a conviction
of a violation of this chapter and/or Chapter XII of the New Jersey State
Sanitary Code shall result in revocation or suspension of the license.
Nothing contained herein shall be deemed to exempt any retail food establishment
from any licensing requirement.
