[HISTORY: Adopted by the Board of Health
of the Borough of Pennington 6-23-2003.[1] Amendments noted where applicable.]
[1]
Editor's Note: This chapter also repealed
former Ch. 112, Food-handling Establishments, adopted 12-4-1995 by
Ord. No. 95-17, as amended 12-6-1999 by Ord. No. 99-14.
A.
License required. It shall be unlawful for any person
to conduct a retail food establishment, as defined in and governed
by Chapter XII, N.J.A.C. 8:24-1, Sanitation in Retail Food Establishment
and Food and Beverage vending Machines, provisions of this chapter,
all other state and federal regulations, and all revisions thereto,
without first having procured a license from the local Board of Health
or without complying with any or all of the provisions concerning
operation and maintenance of the same as contained in the aforementioned
Administrative Code.
(1)
Changes in owner or operator shall require a new license.
(2)
Licenses shall be issued annually and expire June
30, except in the year 2020, licenses may be issued up to and including
September 30.
[Amended 6-1-2020 by Ord. No. 2020-7]
(3)
Fees shall be determined by size of facility and/or
extent of food service provided.
(4)
Fees for licenses under this chapter shall be:
(a)
Retail food establishments, permanent location:
[Amended 5-23-2007 by BOH 2007-1; 4-5-2010 by Ord. No. 2010-5]
[1]
For those establishments that prepare food: fee per year or any part thereof provided in Chapter 98 of this Code.
[2]
For those establishments which sell only prepackaged food items: fee per year or any part thereof provided in Chapter 98 of this Code.
B.
Retail food establishment owners and/or managers shall
attend annually a food handling program offered by the Township Health
Department, another Health Department, Mercer County Health Officers
Association and or any other program approved by the State Department
of Health and Senior Services. Proof of attendance must be provided
at time of license renewal.
C.
Owner or manager shall offer and or conduct for all
employees an annual program on the basic principals of proper food
handling, storage, preparation and sanitation methods as defined by
state regulations and or the FDA Food Code.
D.
Menus and Floor and Equipment Plans shall be submitted and reviewed by the Health Department in conjunction with any new facilities, renovations, repair or alteration of all existing facilities and the issuance of any permits by the municipal construction office for said construction, renovation, repair or alteration. A plan review fee in the amount set forth in Chapter 98 of this Code is required for all retail food establishments.
[Amended 5-23-2007 by BOH 2007-1; 4-5-2010 by Ord. No. 2010-5]
(1)
Changes in owner or operator shall be considered a
new facility and must comply with this provision. Renovations or alterations
may be required.
E.
All facilities shall have at a minimum the following
sinks: one three-compartment sink with dual drain boards, a separate
pre-scrub/soak sink, at least one food preparation sink per food preparation
area to prevent cross contamination of raw and cooked foods, one maintenance/utility
sink, hand sink with paddle or foot operation and soap and towel dispenser
located within each food preparation area, food service line, customer
self-service areas/counters and in dishwasher/manual cleaning areas,
and no greater than 15 feet from any person positioned within the
station. The specific number and location will be determined by the
magnitude of the food services being provided. Dishwashers, when included,
do not replace the required sinks necessary for manual wash, rinse
and sanitize operations. Chemical sanitizers or gloves may not be
substituted.
F.
Public water and sewer services are required.
G.
Grease trap pump out and maintenance reports must
be submitted annually with the license renewal.
H.
All retail establishments shall post hand-washing
signs in all toilet facilities and in areas of food preparation. Signs
must provide information on acceptable hand-washing procedures. Unless
provided by the Health Department, the Department must approve all
other signs.
I.
Display of fetal alcohol syndrome (FAS) warning signs.
All licensees under this section who sell alcoholic beverages shall
prominently post on their premises a warning of the dangers to the
unborn children or women who consume alcoholic beverages while pregnant.
The nature and type of warning signs shall be those prepared and distributed
by the Mercer Council on the Alcoholism and Drug Addiction.
A.
Permit required. It shall be unlawful for any person
to operate food and beverage vending machines, whether as principal
or agent, clerk or employee, either for himself or any other person,
or for any body corporate, or as an officer of any corporation, or
otherwise to:
(1)
Engage in the operation of one or more machines or
devices offered for public use which, upon insertion of a coin, coins
or token, or by other means, dispenses unit servings of food or beverages,
either in bulk or package, without the necessity of replenishing the
devices between each vending operation, without first having applied
to and procured a permit per machine from the Board of Health of this
municipality to do so, and without complying with any and all of the
provisions of Chapter XII, N.J.A.C. 8:24-1, Sanitation in Retail Food
Establishment and Food and Beverage Vending Machines.
(2)
Maintain or permit to be maintained on or in any location
in this municipality one or more machines or devices offered for public
use which, upon insertion of a coin, coins or token, or by other means,
dispenses unit servings of food or beverages, either in bulk or package,
without the necessity of replenishing the devices between each vending
operation, without first having applied to and procured a license
for each such machine or device from the Board of Health of this municipality
or without complying with any and all of the provisions of Chapter
XII, N.J.A.C. 8:24-1, Sanitation in Retail Food Establishment and
Food and Beverage Vending Machines.
B.
Permit fee per machine: the fee per machine is provided in Chapter 98 of this Code.
[Amended 4-5-2010 by Ord.
No. 2010-5]
C.
Application for and issuance of permits Application for and issuance of the permits referred to in Subsection A shall be made in conformity with the provisions of the this chapter and Chapter XII, N.J.A.C. 8:24-1, Sanitation in Retail Food Establishment and Food and Beverage Vending Machines. Such permits are not transferable.
D.
Interstate commerce. No provision of this section
shall be applied so as to impose any unlawful burden on either interstate
commerce or any activity of the state or federal Government.
A.
License required. It shall be unlawful for any person
to operate child care/adult day-care center as defined in and governed
by Chapter 122, Manual of Requirements for a Child Care Centers, N.J.A.C.10:122,
without first having procured a retail food license from the local
Board of Health or without complying with any or all of the provisions
concerning operation and maintenance of the same as contained in the
aforementioned Administrative Code. N.J.A.C. 10:122 requires all centers
to provide some level of food service. Therefore, they must also comply
with Chapter XII, N.J.A.C. 8:24-1, Sanitation in Retail Food Establishment
and Food and Beverage Vending Machines, provisions of this chapter,
all other state and federal regulations, and all revisions thereto.
B.
Retail food establishment owners and or managers shall
attend annually a food-handling program offered by the Township Health
Department, another Health Department, Mercer County Health Officers
Association and/or any other program approved by the State Department
of Health and Senior Services. Proof of attendance must be provided
at time of license renewal.
C.
Owner or manager shall offer and/or conduct for all
employees an annual program on the basic principals of proper food
handling, storage, preparation and sanitation methods as defined by
state regulations and or the FDA Food Code.
D.
Menu and floor and equipment plans shall be submitted
and reviewed by the Health Department in conjunction with any new
facilities, renovations, repair or alteration of all existing facilities
and the issuance of any permits by the municipal construction office
for said construction, renovation, repair or alteration.
(1)
Changes in owner or operator shall be considered a
new facility and must comply with this provision. Renovations or alterations
may be required.
E.
All facilities shall have at a minimum one of each
of the following sinks: three-compartment sink with dual drain board,
a separate pre-scrub/soak sink, food preparation sink, maintenance/utility
sink and a hand sink located in each food preparation area, food service
line, customer self-service areas/counters and in dishwasher/manual
cleaning areas. The specific number and location will be determined
by the magnitude of the food services being provided. Dishwashers,
when included, do not replace the required sinks necessary for manual
wash, rinse and sanitize operations. Chemical sanitizers or gloves
may not be substituted.
F.
Public water and sewage services are required.
G.
Grease trap pump out and maintenance reports must
be submitted annually with the license renewal.
H.
All centers shall post hand-washing signs in all toilet
facilities and in areas of food preparation. Signs must provide information
on acceptable hand-washing procedures. Unless provided by the Health
Department, the Department must approve all other signs.
A.
License required. It shall be unlawful for any person
to operate a public recreational bathing facility as defined in and
governed by Chapter IX, Public Recreational Bathing, of the New Jersey
State Sanitary Code, N.J.A.C. 8:26-1, provisions of this chapter,
all other state and federal regulations, and all revisions thereto,
without first having procured a license from the local Board of Health
or without complying with any or all of the provisions concerning
operation and maintenance of the same as contained in the aforementioned
Administrative Code.
B.
In the event a food service facility is part of the operation or a separate concession, a retail food license must also be secured, and all provisions of § 112-1, Retail food establishments, of this chapter must be met.
C.
Public water and sewer services are required.
D.
Grease trap pump out and maintenance reports must
be submitted annually with the license renewal.
A.
License required. It shall be unlawful for any person to operate a health and fitness recreational facility not specifically covered by § 112-4, Public recreational bathing, of this chapter as a recreational bathing facility without first having procured a license from the local Board of Health and without complying with all of the provisions of this section and Subchapter 6, General Sanitation and Maintenance, of N.J.A.C. 8:26-6 concerning construction and maintenance of the facilities as contained in the aforementioned Administrative Code.
B.
In the event a food service facility is part of the operation or a separate concession, a retail food license must also be secured, and all provisions of § 112-1, Retail food establishments, of this chapter must be met.
C.
Public water and sewer services are required.
D.
Grease trap pump out and maintenance reports must
be submitted annually with the license renewal.
E.
Floor and equipment plans for all new facilities and
or the renovation, repair or alteration of all existing facilities
shall be submitted and reviewed by the Health Department prior to
issuance of any permits by the municipal construction office for said
construction, renovation, repair or alteration.
F.
Hand sinks shall also be located in all locker areas,
bathrooms and within any workout rooms or aerobic areas.
G.
At least one water fountain shall be provided with
a cold-water extended fill faucet for filling bottles.
The New Jersey Youth Camp Safety Standards,
N.J.A.C. 8:25.1 et seq., May 4, 1998, and any amendments or revisions
thereto shall govern youth camps.
The New Jersey State Sanitary Code, Chapter
XI, Public Campgrounds, N.J.A.C. 8:22-1 et seq., July 10, 1996, and
any amendments or revisions thereto shall govern public campgrounds.
A.
Enforcement.
(1)
Whenever the Health Officer or his/her designee reasonably
believes there exists a violation of this chapter, he/she may issue
a summons and complaint not later than 30 days after discovery of
the violation. The complaint shall be written and shall state with
reasonable particularity the nature of the violation, including reference
to the section of this chapter violated. The complaint shall be delivered
by the Health Officer, registered environmental health specialist,
police or sent by certified mail to the owner or operator.
(2)
The Health Officer or his/her designee charged with
enforcement of this chapter, after giving proper identification, may
inspect any matter, thing, premises, place, person, record, vehicle,
incident or event as necessary.
(3)
It shall be unlawful for any person to molest, willfully
oppose, verbally abuse or otherwise obstruct the Health Officer or
his/her designee.
B.
Suspension or revocation of license.
(1)
Any license issued under the terms and provisions
of this chapter may be suspended or revoked by the Board of Health
of this Borough for violation by the licensee of any provisions of
this chapter.
(2)
Grounds for revocation shall include but not be limited
to:
(a)
A licensee being issued three evaluations of
conditionally satisfactory as defined in N.J.A.C. 8:24-9.11 within
a twelve-month period.
(b)
A licensee being issued two or more summons
within a twelve-month period for similar violations of state law or
local ordinances and found guilty of the offense on two or more incidents.
(c)
A licensee failing to adhere to an order (as
defined by N.J.A.C. 8:24-9.6) issued by the Health Department requiring
the establishment to be closed in order to protect the public health.
(d)
A licensee failing to adhere to an order (as
defined by N.J.A.C. 8:24-9.6) issued by the Health Department requiring
any employee of the retail food establishment suspected of being ill
or infected with a disease, or suspected of being a carrier of a disease,
which may be transmitted through food, to leave the establishment
and refrain from returning to work in or about such establishment
until permission is granted by the Health Department.
(e)
A licensee failing to adhere to an order to
embargo in accordance with N.J.S.A. Title 24 any food, drug, device
or cosmetic.
(f)
A licensee selling or providing tobacco or alcohol
to any person in violation of state law or local ordinance.
(g)
Whenever it shall appear that the business,
trade, calling, profession or occupation of the person to whom such
license was issued is 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 municipality or is being used for
a purpose foreign to that for which the license was issued.
C.
Hearing. A license issued under the terms and provisions
of this section shall not be revoked, cancelled or suspended until
the Board of Health thereon shall have had a hearing. 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 the grounds to be relied upon
for revoking, canceling or suspending such license. Notice shall be
given either by personal delivery thereof to the person to be notified
or be 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 on said license. At the hearing before the Board
of Health, the complaint may be dismissed, or if the Board of Health
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.
D.
Application. No provision of this section shall be
applied so as to impose any unlawful burden on either interstate commerce
or any activity of the state or federal government.
E.
This chapter shall liberally construed for the protection
of the health, safety and welfare of the people of Pennington Borough.
F.
Violations and penalties. Unless another penalty is
expressly provided by New Jersey statue, every person convicted of
a violation of a provision of this chapter or any supplement thereto
shall be liable to a fine not exceeding $1,000 for each violation,
imprisonment for a term not exceeding 90 days or a period of community
service not exceeding 90 days, or any combination thereof.
