[HISTORY: Adopted by the Borough Council of the Borough of Caldwell as indicated in article histories. Amendments noted where applicable.]
[Adopted 1-23-1979 by Ord. No. 642-79]
It shall be unlawful for any person or any body corporate 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 Borough of Caldwell and without complying with any or all of the provisions concerning operation and maintenance of the same as contained in the aforementioned Chapter XII of the State Sanitary Code of New Jersey.
The annual fees for licenses for retail food establishments shall be as set forth in Chapter A270, Fees.
[Amended 7-13-1999 by Ord. No. 1073-99]
The licenses issued aforesaid shall be effective for the calendar year, expiring on the 31st day of December of the year of issue, and may be renewable for succeeding calendar years thereafter. The license fees shall be due and payable on or before the first day of January of each year. Retail food establishments shall be required to procure licensing as specified herein, and the fees for said licenses shall be due and payable in the sums hereinbefore provided, commencing the calendar year 1980, and be subject to renewal for succeeding years.
Any license issued under the terms and provisions of this article may be suspended or revoked by the Board of Health of this municipality for the violation by the licensee of any provision of this article 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 this municipality 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 a purpose foreign to that for which the license was issued.
A license issued under the terms and provisions of this article shall not be revoked, canceled or suspended until a hearing thereon shall have been had by the Board of Health. Written notice of the time and place of such 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 grounds to be relied upon for revoking, canceling or suspending such license. Notice may be given either by personal delivery thereof to the person to be notified or deposited in the United States Post Office in a sealed envelope, postage prepaid, addressed to such person to be notified at the business address appearing upon said 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 governing body concludes that the charges have been sustained and substantiated, it may revoke, cancel or suspend the license held by the licensee.
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 Borough 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.
[Amended 7-13-1999 by Ord. No. 1073-99; 10-14-2008 by Ord. No. 1187-08]
Any person, firm or corporation who shall violate any of the provisions of this article shall, upon conviction, be punished by a fine not exceeding $2,000, imprisonment for a term not exceeding 90 days or a period of community service not exceeding 90 days, or a combination thereof, and 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.
[Added 6-20-1989 by Ord. No. 848-89; 7-13-1999 by Ord. No. 1073-99]
An inspection fee, in addition to the annual license fees set forth in § 114-2, shall be imposed upon any retail food establishment as follows:
For each inspection carried out pursuant to a complaint when such inspection results in a determination that said retail food establishment is in violation of the State Sanitary Code or of any municipal ordinances relating thereto; and
For each reinspection carried out after either a failure of the regular inspection or of failure of an inspection carried out pursuant to a complaint as set forth in Subsection A.
This article is being enacted pursuant to N.J.S.A. 40:52-1.
The Board of Health of the Borough of Caldwell shall be responsible for the administration and enforcement of this article.
[Adopted 7-10-1990 by Ord. No. 884-90]
As used in this article, the following terms shall have the meanings indicated:
- GREASE TRAP
- Shall be given its normal definition in the retail food industry. A device used to collect oil and grease at the entrance of the wastewater pipe system, preventing the oil and grease from traveling through the wastewater pipes into the wastewater system of the Borough. A grease trap must be installed in such a manner as to facilitate easy inspection and cleaning.
- MAINTENANCE OF GREASE TRAPS
- Grease traps must be maintained and inspected to ensure that they are never allowed to reach more than 3/4 of their capacity.
- RETAIL FOOD ESTABLISHMENT
- Should be given its normal definition in the industry. A retail food establishment includes all retail businesses which process and/or serve food and food products. Included under the definition of retail food establishments are restaurants, taverns, supermarkets, butcher shops and similar establishments.
All retail food establishments must install, properly maintain and inspect grease traps within one month of the adoption of this article.
The Board of Health of the Borough of Caldwell shall have the right to periodically conduct routine inspections of the oil and grease traps.
All retail food establishments must employ at their own expense a licensed plumbing inspector to conduct an annual inspection of their grease traps and connecting wastewater lines to ensure that waste oil and grease is being adequately removed from the wastewater being discharged into the sewer system. The licensed plumbing inspector conducting the inspection must provide a formal inspection report to both the retail food establishment and to the Borough Board of Health. This inspection report must contain the plumbing inspector's observations with regard to the efficiency of the grease trap, the amount of oil and grease found in the connecting wastewater lines, the percentage of oil and grease being removed from wastewater being discharged into the sewer system and the maintenance and efficiency of the grease trap (with particular attention given to whether the grease trap needs replacement). The formal inspection report must be rendered within three weeks of the inspection.
[Amended 7-13-1999 by Ord. No. 1073-99; 10-14-2008 by Ord. No. 1187-08]
Any person violating any of the provisions of this article shall be punished by a fine not exceeding $2,000, imprisonment for a term not exceeding 90 days or a period of community service not exceeding 90 days, or a combination thereof.