[Adopted 9-7-1967 as § 9-6
of the Revised General Ordinances; amended in its
entirety at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
The provisions of N.J.A.C. 8:24-1.1 et seq.,
pertaining to retail food establishments and food and beverage vending
machines shall be enforced in the City of Trenton.
The following additional provisions apply:
A. These standards shall apply to all sales of ice for
human consumption or intended to be used in refrigerating food or
drink for human consumption.
B. No milk shall be sold which does not meet all applicable
state laws and regulations for pasteurized and certified milk.
C. All milk sold for off-premises consumption shall be
in sealed bottles or containers. Both the bottles or containers and
the process by which the milk is placed in them shall conform to all
applicable state laws and regulations.
D. The requirements of three sinks for washing purposes,
as contained in N.J.A.C. 8:24-5.5(b), shall be enforced only as to
facilities constructed or substantially altered after the effective
date of this article.
A. No person or corporation shall operate a retail food
establishment, as defined by N.J.A.C. 8:24-1.1 et seq. who does not
have a valid operating permit issued by the City Health Officer, or
who does not comply with any or all of the provisions concerning operations
and maintenance of the same, as contained in the aforementioned standards.
No license fee shall be required of charitable, nonprofit organizations.
B. Application for such permit shall be made on a printed
form to be furnished by the City health office on demand. The applicant,
if an individual, shall therein state his/her full name and residence,
and, if a corporation, shall state the name and address of its registered
agent in this state. Such application shall also state the location
of the building or buildings, or parts thereof, intended to be used
as a retail food establishment.
C. Upon the filing of any such application for an operating
permit or for a renewal thereof, the premises and places specified
therein may be inspected by the Health Officer or his/her agents,
who shall keep a permanent record of such inspection. If such premises
and places are found to be in a sanitary condition and fit for use
as a retail food establishment, a permit to conduct or operate such
retail food establishment at the place designated in the application
shall be issued.
D. No permit issued hereunder shall be transferable or
entitle or authorize the holder thereof to conduct the business mentioned
in the permit in any place or places other than that designated in
such permit. If any person or corporation having a permit shall change
the location of his/her or its place of business, the procedures for
applying for a permit as heretofore set forth shall be complied with.
Such permit shall be displayed in the conspicuous place within the
establishment and shall be renewed annually.
E. Any permit granted pursuant to this section may be temporarily suspended by order of the Health Officer, which shall be issued by him/her personally or by his/her acting Health Officer during his/her absence. Such order may be issued without notice or hearing, pursuant to Chapter
171, Nuisances, for the violation of any of the provisions of this article or of the N.J.A.C. 8:24-1.1 et seq., which violation presents a present health danger to the community either in the form of a food-borne infection under the terms of N.J.A.C. 8:24-1.1 et seq., or in any other form reasonably requiring immediate closure of the offending premises, and may be permanently revoked by the Health Officer after proper notice and hearing to be held within 15 days of the issuance of notification of proposed revocation, for any persistent, repeated or willful violation. The basis for any proposed suspension or revocation shall be specified in the notice.
F. Any retail food establishment, the operating permit
of which has been suspended, may at any time, make application to
the Health Officer for reinstatement. Upon receipt of such application,
the Health Officer or his/her agents shall make a reinspection as
soon as practicable, and thereafter shall make as many additional
inspections as (s)he may deem necessary to assure himself/herself
that the applicant is complying with all requirements. If the findings
indicate compliance, (s)he shall reinstate the permit.
[Amended 10-21-2010 by Ord. No. 10-48; 3-5-2020 by Ord. No. 20-20]
A. All retail food establishment health license fees shall be $175 annually
except as follows:
(1) Retail food establishment health license fees shall be $300 annually
for the following classifications of establishments:
(d)
Home for the aged/nursing home.
(f)
Supermarket/groceries store.
(g)
Wholesale/big box stores (example: Costco, BJ's, Sam's
Club).
(2) Retail food establishment health license fees shall be $200 annually
for the following classifications of establishments:
(a)
County/state agencies or facilities (only if the inspections
are delegated to the City.
(3) Retail food establishment health license fees shall be $100 annually
for any establishment operating under a valid plenary license issued
by the Alcoholic Beverage Control Commission.
(4) Health license fees for temporary retail food establishments shall
be:
(a)
$50 if operating for less than two days.
(b)
$100 if operating from two to five days.
B. Late fees: $50 per calendar month for each month the license has
not been renewed (example: a license due on any day in January will
be assessed a late fee on February 1, March 1, April 1, etc.). All
accrued late fees must be paid prior to a renewal of a retail food
establishment license being issued.
C. Administrative fees:
(2) Review previously reviewed and modified plans: $100.
(3) For less than satisfactory rating:
(b)
Second time within two years of initial less than satisfactory
rating: $350.
(c)
Third time within two years of initial less than satisfactory
rating: $500.
Violations of the provisions of this article shall be punishable as provided in Chapter
1, Article
III, General Penalty.