It shall be unlawful for any person to conduct
a retail food establishment or deliver milk or milk products without
first having obtained a license from the Board of Health. Only a person
who complies with the provisions of the Retail Food Establishments
and Food and Beverage Vending Machines Code of New Jersey (1983),
which code and exhibits annexed thereto are, pursuant to the provisions
of N.J.S.A. 26:3-69.1 to 3-69.6, incorporated by reference herein
as if set forth in full herein, three copies of which code are on
file with and available for inspection at the office of the Board
of Health in the custody of the Secretary of said Board, shall be
entitled to hold a license. Licenses shall not be transferable from
one person or place to another person or place. A valid license shall
be posted in every retail food-service establishment.
Upon receipt of an application pursuant to this article, the Health Officer shall make an inspection of the retail food-service establishment to determine the compliance with the provisions of this code and Chapter
12 of the New Jersey Sanitary Code. When an inspection reveals that the applicable requirements of this code and the State Sanitary Code have been met, a license shall be issued to the applicant by the Board of Health.
Notwithstanding the other provisions of this
code, whenever the Health Officer finds an unsanitary or other condition
in the operation of a retail food-service establishment which, in
the Health Officer's judgment, constitutes a substantial hazard to
the public health, the Health Officer may, without warning, notice
or hearing, issue a written notice to the license holder or operator
citing such condition, specifying the corrective action to be taken
and specifying a time period within which such action shall be taken,
and, if deemed necessary, such order shall state that the license
is immediately suspended and all food-service operations are to be
immediately discontinued. Any person to whom such an order is issued
shall comply immediately therewith but, upon written petition to the
Health Officer, shall be afforded a hearing pursuant to this code.
Whenever a retail food-service establishment
is constructed or extensively remodeled and whenever an existing structure
is converted to use as a retail food-service establishment, properly
prepared plans and specifications for such construction, remodeling
or conversion shall be submitted to the Board of Health for review
and approval before construction, remodeling or conversion is begun.
The plans and specifications shall indicate the proposed layout, arrangement,
mechanical plans and construction materials of work areas and the
type or model of proposed fixed equipment facilities, including but
not limited to floor, wall and ceiling finishes, plumbing fixtures,
hot-water generating equipment, garbage and refuse disposal, lighting,
ventilation and storage facilities. The Board of Health shall approve
the plans and specifications if they meet the requirements of all
applicable state and local health codes and regulations. No retail
food-service establishment shall be constructed, extensively remodeled
or converted except in accordance with plans and specifications approved
by the Board of Health.
Whenever plans and specifications are required
by this article to be submitted to the Board of Health, the Health
Officer shall inspect the retail food-service establishment, prior
to the start of operations, to determine compliance with the approved
plans and specifications and with the requirements of this code. If
approved, the license will be issued.
[Amended 7-23-1985 by Ord. No. 24]
All charitable, religious, educational or other
nonprofit organizations shall give the Board of Health a one-week
notice of any event sponsored by the organizations at which food will
be served. All private vendors selling or contributing food to the
event must be licensed by either the Board of Health of the Borough
of Palisades Park or the municipality in which the private vendor
has its principal place of business. If the private vendor does not
have a license, the Board of Health will issue the license, provided
that the vendor meets all the requirements of the Sanitary Code. The
fee for issuance of the license shall be $15 per event. Proof of an
existing license must be submitted with the one-week notice.
[Added 9-3-1992 by Ord. No. 41]
A. Cleanliness. No person shall store, keep, hold, sell
or offer for sale any meat, fish, vegetables or other articles designed
or held for sale, unless the building, store, place or establishment
where the same are stored, kept or held, sold or offered for sale
are at all times maintained in a clean and wholesome condition and
unless said articles, and each and every one of them, are at all times
preserved in a wholesome condition and safe for human consumption.
B. Person defined. The word "person," as used in the
previous subsection, shall also be taken to include and mean the owner,
lessee or proprietor of said place, the manager or person in charge
thereof and any other person actively engaged in the handling of any
such article of food in and about said premises.
C. Unwholesomeness. No person shall sell or expose for
sale any food or beverage that is decayed, putrefied or has become
chemically or physically changed so that it is unwholesome or unfit
for consumption or that has been exposed to contamination or infection
of any communicable disease.
D. Exposed food; height from floor. No exposed food shall
be offered for sale from shelves, counters or other containers which
shall be less than 24 inches from the floor of the store or place
in which the same is exposed for sale.
E. Sale of food prohibited outside of building. No food
shall be stored, displaced, sold or exposed for sale from or on the
sidewalk, entrance, passageway or other surfaces outside of any building.
F. Storage of delivery bottles or containers. No bottles
or other containers used for the delivery of food or beverages shall
be stored or left standing in any public place in the Borough.