[HISTORY: Adopted by the City Council of
the City of Rahway as indicated in article histories. Amendments noted
where applicable.]
[Adopted 7-9-1984 by Ord. No. A-10-84]
As used in this article, the following terms
shall have the meanings indicated:
Any fixed or mobile restaurant; permanent or temporary; coffee
shop; cafeteria; short-order cafe; luncheonette; grill; tearoom; sandwich
shop; soda fountain; tavern; bar; cocktail lounge; nightclub; roadside
stand; industrial feeding establishment; private, public or nonprofit
organization or institution 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 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 non-profit-type institution
meal services shall meet the special provisions of Regulation 8.
[Amended 4-9-2012 by Ord. No. O-13-12]
A.
It shall be unlawful for any person or corporation to conduct a retail food establishment as defined in § 217-1 without first procuring a license from the Division of Health or without complying with any or all of the provisions contained in Chapter 24 of the State Sanitary Code, N.J.A.C. 8:24-1 et seq.
[Amended 5-12-2003 by Ord. No. O-24-03; 4-9-2012 by Ord. No. O-13-12]
B.
The fee for such license shall be:
[Amended 5-12-2003 by Ord. No. O-24-03]
(1)
Forty-five dollars for establishments offering prepackaged
items (candy/snacks).
(2)
Sixty dollars for taverns not serving food.
(3)
Ninety dollars for establishments preparing food without
seating facilities (excluding counter service).
(4)
One hundred and eighty dollars for establishments
with a seating capacity of 50 persons or less or less than 2,000 square
feet.
(5)
Two hundred and seventy dollars for establishments
with a seating capacity of more than 50 persons or over 2,000 square
feet.
C.
All licenses issued hereunder shall expire on the
30th day of June in each year, unless such license is for a temporary
retail food establishment and its expiration shall be upon the closing
of the event for which it was issued or as otherwise stated on the
license.
[Amended 4-9-2012 by Ord. No. O-13-12]
D.
It shall be the duty of the Division of Health to
enforce the provisions of this article and of said code.
E.
All nonprofit charitable organizations shall be exempt
from such fees as are referred to in this section.
F.
Applications for temporary retail food establishments must be submitted
to the Division of Health or appropriate licensing authority at least
15 days prior to the event.
[Added 4-9-2012 by Ord. No. O-13-12]
Any license issued hereunder may be suspended
or revoked by the Division of Health for the violation by the licensee
of any provision contained in said code or whenever it shall appear
that the business has been or is being conducted in a disorderly or
improper manner or in violation of any law of the United States, the
State of New Jersey or any ordinance of this City or that the person
or persons conducting the retail food establishment are of unfit character
or for other good and reasonable cause. Before suspension or revocation
of a license, the Division of Health shall hold a hearing at which
the licensee shall be afforded an opportunity to be heard, and reasonable
written notice of such hearing shall be given to the licensee prior
thereto.
No person whose business or employment requires
the handling of or the coming in contact with any food or drink intended
for human consumption shall actively engage in or be employed in such
business, nor shall any person employ anyone as a food handler, unless
such employee shall have first obtained a food handler's certificate
from the Division of Health. Such certificate will be issued after
presentation by the applicant to the Health Officer of a certificate
of examination from a duly qualified physician setting forth that
such person is not infected with any communicable disease or upon
presentation of a laboratory test result, as required by the Health
Officer, from an approved licensed laboratory certifying that the
applicant is free from any communicable diseases.
Any person who violates or neglects to comply
with any provision of this article, including Chapter 12 of the State
Sanitary Code of New Jersey herein referred to, shall be punished
by a fine not exceeding $500 for each violation. A separate offense
shall be deemed committed on each day during or on which a violation
occurs or continues.
[Adopted 12-9-1996 by Ord. No. O-53-96]
The Municipal Council finds and declares as
follows:
A.
Solid waste management within the City of Rahway is
a fundamental concern of the Municipal Council due to the limited
landfill space available, rising costs of waste disposal, and impacts
on the environment.
B.
Evidence available to the Municipal Council indicates
that discarded packaging, especially take-out food service packaging,
constitutes the single greatest category of waste within the waste
stream of the City of Rahway, the single greatest source of litter
within the City of Rahway, and is, therefore, a necessary focus of
any effort to reduce the amount of solid waste, as well as reducing
the economic and environmental cost of waste management for the citizens
of the City of Rahway.
C.
Single use nonrecyclable, nondegradable packaging
and plastic containers are considered to be a fundamental cause of
problems associated with municipal waste disposal and litter.
D.
Chemical composition and ability of a substance to
degrade are meaningful and useful criteria to focus upon when establishing
a public policy that is intended to improve the management and disposal
of solid waste, reduce the cumulative impact of litter, encourage
composting and other forms of recycling, minimize the potential for
toxic substances which form if solid waste is burned, reduce the volume
of ash by-products that may be created by the burning of waste plastic
packaging, and otherwise anticipate environmental problems that may
be caused by municipal solid waste disposal programs.
E.
The economic and environmental problems associated
with nondegradable substances mixed with degradable substances in
the waste stream are so severe that a program to modify the composition
of the solid waste in the waste stream thereby reducing the environmental
hazards and toxicity associated with solid waste incineration, and
encouraging the composting of putrescible biodegradable wastes and
encouraging other forms of recycling of solid waste substances is
hereby determined to be the policy of the City of Rahway.
F.
That certain retail food establishments within the
City of Rahway are the points of origin for a significant volume of
packaging waste and, therefore, are particularly susceptible to actions
which have significant potential for modifying the composition of
this portion of the City of Rahway's solid waste stream thereby improving
solid waste management within this city.
G.
The widespread use of plastics, especially polystyrene
and polyvinyl chloride, pose a threat to the environment by posing
unnecessary taking of landfill space, and/or when incinerated, by
the possible introduction of toxic by-products into the atmosphere.
H.
The waste stream within the City of Rahway is so large
and diverse that any program to establish policies and laws conductive
to any waste management program in lieu of landfilling must identify
and set new policy for those specific sources of waste packaging which
originate in this city.
I.
The use of polystyrene and polyvinyl chloride for
food packaging is problematical because neither of these plastics
are readily recyclable; that their abundant commercial use in lieu
of other plastics such as polyethylene or polypropylene unnecessarily
complicates the chemical composition of the municipal waste and subtracts
from the possible emergence of viable plastic recycling programs;
and, if burnt together, polystyrene and polyvinyl chloride leave a
relatively heavier and, therefore, more expensive ash residue to dispose
of, and evidence indicates that the burning of these products creates
dioxin, hydrochloric acid, and/or other toxic chemicals that could
be admitted into the general environment of the City of Rahway if
incinerated.
J.
There are readily available plastic and/or paper product
substitutes for most of the polystyrene and polyvinyl chloride retail
food packaging now being used in the City of Rahway, the use of which
alternatives would be environmentally and economically advantageous
to the citizens of the City of Rahway.
K.
Nondegradable plastic bags in the waste stream constitute
an impediment to the development of an efficient waste separation,
recycling or other waste management program, and are less desirable
than paper bags because these plastic bags are neither recyclable
nor compostable.
L.
The plastic bags used by retail establishments selling
food constitutes a large source of the plastic bags in the waste stream.
M.
It is in the interest of the health, safety, and welfare
of all of the citizens of the City of Rahway who live, work or do
business in the City that the amount of nonrecyclable, nondegradable
packaging be reduced, and that the amount of litter on the public
streets, parks and open spaces be reduced.
N.
Therefore, the purpose of this article is, to the
maximum extent practical, to eliminate the use of nondegradable packaging
originating at retail food establishments in the City of Rahway in
order to protect the air, land, and waters of the City of Rahway from
environmental contamination and degradation.
As used in this article, the following terms
shall have the meanings indicated:
Packaging made of cellulose-based substances or other substances
which are capable of being readily attached, decomposed, assimilated,
and/or otherwise completely oxidized or broken down into its constituent
parts by bacteria, natural biological organisms, carbonaceous soil
material, water, carbon dioxide; or in the alternative capable of
otherwise degrading when exposed to ultraviolet light or other natural
processes beginning within a twelve-month period from the date of
manufacture or exposure to the environment.
All food-related wrappings, including but not limited to
bags, sacks, wrappings, containers, bowls, plates, trays, cartons,
cups or drinking utensils intended for use within the City of Rahway.
All sales outlets, stores, shops, restaurants, or other places
of business located within the City of Rahway, which receives more
than 20% of its revenues through the sales or conveyances of foods
directly to the ultimate consumer, which foods are predominantly contained,
wrapped or held in or on packaging. "Retail food vendors" shall include,
but not be limited to, any establishment where food is prepared, mixed,
cooked, baked, smoked, preserved, bottled, packaged, handled, stored,
manufactured, and sold or offered for sale, including but not limited
to any fixed or mobile restaurant, drive-in, coffee shop, cafeteria,
short order cafe, fast-food outlet, delicatessen, luncheonette, grill,
sandwich shop, soda fountain, tavern, bar, cocktail lounge, nightclub,
inn, roadside stand, takeout prepared food place, industrial feeding
establishment, catering kitchen, grocery store, public food market,
food stand, or similar place in which food or drink is prepared for
sale or for service on the premises or elsewhere and any other establishment
or operation, including homes where food is processed, prepared, stored,
served or provided to the public for charge, provided said vendor
shall derive more than 20% of its gross revenues from the sale of
said food or drink.
A.
No retail vendor located and doing business in the
City of Rahway shall sell or convey food directly to the ultimate
consumer within the City of Rahway unless such food is placed, wrapped
or packaged in degradable packaging at the conclusion of the sales
transaction. For the purposes of this article, "conclusion of the
sales transaction" shall be the point of time at which the possession
of the food product passes from the retail food vendor to the ultimate
consumer, and the conclusion of the sales transaction need to require
the actual payment of consideration for such food product; provided,
however, payment is expected from the ultimate consumer prior to the
consumer exiting the premises of the retail food vendor.
B.
No retail food vendor located within the City of Rahway
shall sell, give or provide eating utensils or food containers to
any consumer within the City of Rahway if said eating utensil or food
container is composed of polystyrene or polyvinyl chloride.
A.
Section 217-8B of this article shall not apply to the following items:
(1)
Any flexible transparent covering for uncooked or
raw meat, poultry, raw fish, hard cheese, cold cuts, fruit and vegetable
produce, baked goods or bread.
(2)
Any food packaging used at hospitals or nursing homes.
(3)
Any paper or cellulose-based packaging that is coated
with polystyrene plastic on one side only; any plastic covers, covering
materials, food containers, lids, eating utensils, straws or other
materials that are not made of polystyrene or polyvinyl chloride.
The enforcing officer or his authorized representative may exempt
an item or type of packaging from the requirements of this section,
upon a showing that the item or type has no acceptable equivalent
and that imposing the requirements on that item or type would cause
undo hardship.
B.
In order to be considered for such exemption, the
vendor shall provide the following documentation:
(1)
A list of suppliers contacted and statements signed
by said suppliers listing the items that can be supplied which clearly
indicates that the item or type of packaging has no acceptable equivalent
or substitute; and/or
(2)
A statement signed by said retail food vendor indicating
that he is required to purchase food packaging pursuant to a contract
entered into prior to November 1, 1996, and said supplier is unable
to supply an item or type that has no acceptable equivalent. Said
statement shall be accompanied by a certified copy of the contract
in question, and shall indicate the expiration date of said contract.
For the purposes of this section, the Director
of Health, Welfare and Recreation shall be designated as the enforcing
officers. The enforcing officers shall be authorized by the Mayor
to designate as many subcode officials as deemed reasonable and necessary
to carry out the purposes of this article. The enforcing officer or
his designee is authorized to perform as a law enforcement officer
solely with respect to the enforcement of the provisions of this article
by being empowered to issue summons for any violations of this article
in accordance with rules governing the courts of the State of New
Jersey. In addition to the Director of Health, Welfare and Recreation
and/or his designee, all law enforcement officers, Fire Officials,
Fire Inspectors, Health Officials, Health Inspectors and Alcoholic
Beverage Control Officials and Inspectors shall be empowered to enforce
the provisions of this article.
The Director of Health, Welfare and Recreation
is authorized to issue and promulgate such rules and regulations as
may be reasonable and necessary to implement and carry out the provisions
of this law.
A.
The City of Rahway shall not purchase any food packaging
which contains polystyrene or polyvinyl chloride, nor shall it sponsor
any event which utilizes such packaging. All food packaging shall
be degradable as required by this article.
B.
The City Clerk shall be directed to exclusively advertise
for the receipt of bids for degradable plastic materials whenever
said bids are required by the City of Rahway.
Any person found guilty of violating any provision
of this article shall be subject to a fine of not less than $100 for
the first conviction and not less than $200 for the second conviction
and each subsequent conviction, but in no event shall the fine exceed
the sum of $1,000. In addition to the aforesaid fines, a person found
guilty of violating this article may be subject to up to 45 hours
of community service. Each violation and each day a violation is committed
or permitted to continue shall constitute a separate violation and
shall be punishable as such.
This article shall be void upon the enactment
or adoption of any federal and/or state law or regulation restricting
the use of polystyrene, polyvinyl chloride or degradable packaging.
Any person found guilty of violating any provision of this article
prior to the enactment or adopting of any federal and/or state law
or regulation shall be subject to the penalty provisions of this article.
This article shall take effect upon final passage
and publication according to law but shall apply to retail food transactions
consummated on or after January 1, 1997.
