Township of Livingston, NJ
Essex County
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Table of Contents
Table of Contents
[Adopted 11-5-1979 as §§ 14-1 and 14-52 to 14-57 of the 1979 Revised General Ordinances]
As used in this article, the words and phrases defined in N.J.A.C. 8:24-1.2 shall govern the meaning of said words and phrases used in this article, except as otherwise indicated.
FOOD ESTABLISHMENT
A supermarket, convenience store, liquor store or any place, building or device in which food is manufactured, sold, stored, prepared, served or handled with intent to sell or distribute and does not have a seating area.
LIMITED FOOD ESTABLISHMENT
Includes a place, building, vehicle or device in which food is manufactured, sold, stored, prepared, served or handled with intent to sell or distribute, including but not limited to the following: snack bars, mobile trucks, and establishments that sell prepackaged foods.
[Amended 7-7-2008 by Ord. No. 22-2008]
PUBLIC EATING ESTABLISHMENT
Includes a place, building, vehicle or device in which food is manufactured, sold, stored, prepared, served or handled with intent to sell or distribute, and for which a seating capacity can be determined.
TEMPORARY EVENT
Any temporary food establishment or public eating establishment that operates for fewer than five consecutive days or for more than five intermittent days during a calendar year.
[Added 7-7-2008 by Ord. No. 22-2008]
[Amended by Ord. No. 42-1997]
A. 
No person shall conduct, maintain or operate a limited food establishment, public eating establishment or food establishment in the Township of Livingston without first obtaining a license from the Division of Health.
B. 
The license shall not be transferable.
C. 
The license shall expire on the 31st day of December next ensuing the date of issuance thereof.
D. 
The license fee shall be as follows:
[Amended 5-19-2008 by Ord. No. 17-2008; 7-7-2008 by Ord. No. 22-2008]
(1) 
Limited food establishment: $75.
(2) 
Public eating establishment:
[Amended 2-22-2016 by Ord. No. 10-2016]
(a) 
Seating capacity of one to 50 people: $175.
(b) 
Seating capacity of 51 to 100 people: $225.
(c) 
Seating capacity over 100 people: $275.
(3) 
Food establishment:
[Amended 2-22-2016 by Ord. No. 10-2016]
Square Feet
Fee
Under 7,000*
$175
7,001 to 15,000*
$225
Greater than 15,000*
$275
*NOTE: Square footage encompasses the entire food operation, including but not limited to bathrooms, hallways and storage areas.
(4) 
Swimming pools/spa: $325.
[Amended 2-22-2016 by Ord. No. 10-2016]
(5) 
Child-care center: $100.
(6) 
Youth camp: $50.
(7) 
Temporary event: $75 to $100.
[Amended 2-22-2016 by Ord. No. 10-2016]
(8) 
Mobile trucks: $75.
[Added 2-22-2016 by Ord. No. 10-2016]
[Amended by Ord. No. 42-1997]
A. 
The Health Officer or other authorized representative of the Division shall make regular inspections of food establishments of the Township to determine compliance with health laws and ordinances and the provisions of N.J.A.C. 8:24-1.1 et seq. and shall report thereon.
B. 
A copy of such inspection report shall be left with the operator of the establishment or the person in charge, who shall sign the original report, which is to be retained by the Health Officer or other authorized representative of the Division and subsequently filed with the records of the Division.
[Added by Ord. No. 42-1997]
A. 
When a retail food establishment is constructed, altered or renovated, plans and specifications pertaining to the health and sanitary aspects of the operation, such as proposed equipment layout and construction materials of food-related work areas, shall be submitted to the Division of Health for review and approval before construction, renovations or conversion is begun.
B. 
There shall be a plan review fee of $75 payable to the Township of Livingston for any construction, alteration, renovation or a retail food establishment.
[Amended 2-22-2016 by Ord. No. 10-2016]
C. 
This fee shall be in addition to any other fees required by the Township of Livingston or the State of New Jersey.
[Added by Ord. No. 37-1999]
Any door to a walk-in refrigerator located at the exterior of a food establishment shall be kept tightly secured by means of a key lock or code lock at all times except when cleaning or during the delivery or retrieval of food.
[Added by Ord. No. 37-1999]
Requests/applications for mobile vendor and limited food establishment licenses must be submitted 10 days prior to the proposed date of operation.
Unless another penalty is expressly provided herein, any person who violates any provision of this article shall, upon conviction thereof, be punished by a fine of not less than $50 nor more than $1,000, or by imprisonment for a term not exceeding 90 days, or both. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.