[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.
A.Â
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]
B.Â
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.
A.Â
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.
B.Â
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.
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 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:
A.Â
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
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:
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.
Grease traps must be maintained and inspected to ensure that
they are never allowed to reach more than 3/4 of their capacity.
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.
A.Â
All retail food establishments must install, properly
maintain and inspect grease traps within one month of the adoption
of this article.
B.Â
The Board of Health of the Borough of Caldwell shall
have the right to periodically conduct routine inspections of the
oil and grease traps.
C.Â
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.
