[HISTORY: Adopted by the Mayor and Council
of the Township of Clinton as indicated in article histories. Amendments
noted where applicable.]
[Derived from Sec. 29-2 of the 1999 Code
of the Township of Clinton]
A code regulating retail food establishments
and fixing penalties for violations is hereby established pursuant
to N.J.S.A. 26:3-69.1 to 26:3-69.6. A copy of said code is annexed
hereto and made a part hereof without the inclusion of the text thereof
herein.
The code established and adopted by this article
is described and commonly known as the "Retail Food Establishment
Code of New Jersey (1965)."
Three copies of the Retail Food Establishment
Code of New Jersey (1965) have been placed on file in the office of
the Secretary of the Board of Health upon the introduction of this
article and will remain on file there for use and examination by the
public.
[Derived from Sec. 29-3 of the 1999 Code
of the Township of Clinton]
As used in this article, the following terms
shall have the meanings indicated:
The Board of Health of the Township of Clinton.
Chapter XII, Sanitation in Retail Food Establishments and
Food and Beverage Vending Machines.[1]
The Hunterdon County Department of Health.
Any raw, cooked, processed edible substances, water, ice,
beverage or ingredient used or intended for use or for sale in whole
or in part for human consumption.
Any federal, state and local statutes, ordinances and regulations.
Any movable restaurant, truck, trailer, van, cart, bicycle
or other movable unit including hand carried, portable containers
in or on which food or beverage is transported, stored, or prepared
for retail sale or given away at temporary locations.
Those organizations which are exempted 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.
One in continuous service for more than 30 days.
The license required by any food establishment operating
under permanent conditions and shall be renewed annually.
Organizations, corporations, unincorporated associations,
individual persons, any group of two or more persons, or any other
entity, excluding nonprofit/community service organizations.
Any fixed or mobile restaurant; coffee shop; cafeteria; short-order
cafe; luncheonette; grill; tearoom; sandwich shop; soda fountain;
tavern; bar; cocktail lounge; night club; roadside stand; industrial
eating establishment; private, public 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 any similar place in which food
or drink is prepared for retail sale or service on the premises or
elsewhere, and any other retail eating or drinking establishment or
operation 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.
The New Jersey State Department of Health.
One in continuous service for more than three days but not
more than 30 days.
The license required by any retail food establishment operating
under temporary conditions, with a duration of more than three days,
but not to exceed 30 days.
One in continuous service for not more than three days.
The license required by any retail food establishment operating
under temporary conditions, with a duration of three days or less.
Any retail food establishment which operates at a fixed location
for a temporary period of time in connection with a fair, carnival,
circus, public exhibition, or similar transitory gathering, including
church suppers, picnics or similar organizational meetings, mobile
retail food establishments, as well as agricultural markets.
[1]
Editor's Note: See N.J.A.C. 8:24-1 et seq.
A.Â
It shall be unlawful for any person or any corporate
body to conduct a retail food establishment as defined in and governed
by Chapter XII of the State Sanitary Code of New Jersey, without first
having procured an annual license from the Board of Health of the
Township of Clinton and without complying with any or all of the provisions
in the aforementioned Chapter XII of the State Sanitary Code of New
Jersey.
B.Â
No retail food establishment license shall be issued
to any new establishment or existing establishment that changed ownerships
unless the retail food establishment shall have in its possession
and on display a current satisfactory inspection certificate from
the Hunterdon County Department of Health dated within 12 months of
the application for the license. The food license shall also be conspicuously
displayed at the food establishment.
C.Â
Retail food licenses are not transferable.
A.Â
The annual fee for a permanent food license for a
retail food establishment, as defined in Chapter XII of the State
Sanitary Code and this article, is hereby fixed at $250.
[Amended 12-9-2015 by Ord. No. 1076-15]
B.Â
The following categories of licenses and fees shall
hereby be established for other food licenses:
(1)Â
Category 1. Newsstands, pharmacies, liquor stores,
video stores, and other establishments handling commercial prepared,
prepackaged, non-potentially-hazardous foods as an incidental part
of their business: $125.
(2)Â
Category 2. Bed-and-breakfasts which serve full breakfasts;
agricultural markets (where there is no food preparation) where potentially
hazardous foods are offered for sale or where grocery food items account
for 50% or more of the sales area. NOTE: bed-and-breakfasts which
serve continental breakfasts are exempt from licensing and inspection,
as are agricultural markets offering for sale only raw agricultural
products with only an incidental amount of grocery items: $125.
C.Â
The licenses issued shall be effective for a period
of one year, commencing annually on January 1 and renewable for succeeding
years thereafter upon payment of the annual fee and compliance with
the requirements of this section and all other applicable laws and
regulations. Applications for retail food establishment licenses,
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 requested issuance or renewal.
[1]
This ordinance provided for an effective date
of 1-1-2004.
A.Â
No person shall conduct, maintain or operate a temporary
food stand or concession in the Township who does not possess the
appropriate temporary license from the Board of Health; provided,
however, that no license shall be required for any temporary food
establishment operated by any nonprofit community or service organization
as well as local government, public schools, volunteer fire departments,
rescue squads, or recreational sports organizations.
B.Â
Each such temporary license shall not be transferable
and shall continue in full force for a period not to exceed 30 days
from issuance unless sooner revoked or suspended.
C.Â
Every owner or operator of a temporary food establishment
shall be required to obtain a temporary license for each establishment.
D.Â
The license procedure for such temporary license is
as follows:
(1)Â
There shall be an application fee of $150 per temporary
license.
[Amended 10-23-2002 by Ord. No. 795-02]
(2)Â
This fee shall accompany the application for the license
which shall be submitted to the Board of Health not less than five
business days prior to the commencement of operation of the temporary
food concession. The Board of Health shall issue such license not
later than two days before the license is required to operate.
(3)Â
The license shall be conspicuously displayed in a
prominent place at the temporary food concession.
(4)Â
Any temporary food stand which will be operating for
less than a three-day period shall require a temporary food stand
permit. The application fee for such permit shall be $100. The owners/operators
of such temporary food stand shall also conduct, maintain and operate
his/her food stand in compliance with the requirements of this article
herein and all other applicable laws and regulations.
[Amended 10-23-2002 by Ord. No. 795-02]
(5)Â
Any temporary food concession in operation for more
than three days, but not to exceed 30 days, must be required to obtain
a temporary food concession license.
(6)Â
Any movable restaurant, truck, van, etc., shall be defined as a mobile retail food establishment and shall require an annual food license or temporary food license or permit, depending on the length of time the mobile unit will be in operation in the Township. In addition, all mobile units must file with the Clinton Township Board of Health an approved peddlers license in accordance with Chapter 204, Peddling, Soliciting and Canvassing, of this Code.
Each applicant for a temporary food license
or a permanent food license shall complete the application and provide
all information requested on the application. When requested to do
so, each applicant shall provide satisfactory proof to the Board of
Health of any representation contained in the application. Failure
to do so shall result in a denial of a license. If there is a material
misrepresentation or omission in an application, any temporary license
or permanent license issued on the basis of same or aforesaid application
shall be revoked or suspended.
A.Â
Any license issued under the terms and provisions
of this article may be suspended or revoked by the Board of Health
of the Township for the violation by the licensee of any provision
of this section, or Chapter XII of the State Sanitary Code of New
Jersey, or whenever it shall appear that the business, trade, calling,
profession or occupation of the person, firm, or corporation to whom
such license was issued, is conducted in a disorderly or improper
manner, or in violation of any law of the United States, State of
New Jersey, or any ordinance of the Township, or that the person or
persons conducting the retail food establishment is of an unfit character
to conduct the same or that the purpose for which the license has
been issued is being abused to the detriment of the public, or is
being used for the purpose foreign to that for which the license was
issued.
B.Â
A license issued under the terms and provisions of
this article shall not be revoked, cancelled or suspended until a
hearing thereon shall have been had by the Board of Health. Written
notice of the time and place of the hearing shall be served upon the
licensee at least three 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, cancelling or suspending such license.
Notice may be given either by personal delivery thereof to the person
to be notified or be deposited in the United States Post Office in
a sealed envelope, postage prepaid, addressed to the 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.Â
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 Township, unless the application for such license shall
be approved by the Board of Health.
No provision of this article 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, firm or corporation who shall violate any of the provisions of this article shall, upon conviction, be liable to the penalty stated in Chapter 1, § 1-17. Each violation of any of the provisions of this article, and each day the same is violated shall be deemed and taken to be a separate and distinct offense.
This article is being enacted pursuant to N.J.S.A.
40:52-1.
The Board of Health of the Township of Clinton
shall be responsible for the administration and enforcement of this
article.
