[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.
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:
A. 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
B. 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.
C. There shall be a fee for each inspection in the amount set forth in Chapter
A270, Fees, based upon the amount of time necessary to complete such inspection.
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.
[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.