[HISTORY: Adopted by the Board of Health
of the Borough of Palmyra as indicated in article histories. Amendments
noted where applicable.]
[Adopted 5-3-1966 (Ch. 57, Art. I of the 1971 Code)]
Pursuant to Chapter 188, Laws of 1950 (N.J.S.A.
26:3-69.1 to 26:3-69.6), the entire code of rules and regulations
printed in pamphlet form as a code and constituting and known by its
common name as the "Retail Food Establishment Code of New Jersey (1965),"
recommended by the New Jersey State Department of Health, is hereby
adopted and established as the Retail Food Establishment Code of the
Borough of Palmyra, and a printed copy of said code in book form is
annexed hereto and made a part hereof as fully as if set forth herein.
A.
Three printed copies of the code in book form annexed
to this article have been placed on file in the office of the Secretary
of this Board upon the introduction of this article and will remain
on file there until final action is taken on this article and shall
remain on file there for so long as this article is in effect, for
the use and examination of the public.
B.
Said code annexed to this article shall not be published
as part of this article either before or after final passage hereof,
but in addition to the copies filed with the Secretary as aforesaid,
three printed copies thereof conforming to the copy annexed hereto
shall be filed in the office of the Secretary of this Board of Health.
Any person who violates any provision of or
order promulgated under this article or the code established herein
shall, upon conviction thereof, be liable to a penalty of not less
than $2 nor more than $100 for each violation. Each day a particular
violation continues shall constitute a separate offense.
In the event that any section, sentence or clause
of this article or the code shall be declared unconstitutional by
a court of competent jurisdiction, such declaration shall not in any
manner prejudice the enforcement of the remaining provisions.
[Adopted 5-3-1966 (Ch. 57, Art. II of the 1971 Code)]
[Added 12-27-1972]
For the purpose of this article, the terms used
herein are defined as follows:
A seating establishment where food is or is intended to be
sold for consumption by patrons while seated in automobiles parked
at the premises of the retail food establishment.
A retail food establishment wherein retail sales of food
are made by or on behalf of nonprofit corporations or associations
for either on-premises or off-premises consumption, the net proceeds
of which sales are or are intended to be solely for the benefit of
the nonprofit corporation or association. No caterer or other profit-making
business hired by or associated with such nonprofit corporation or
association shall be considered part of any fund-raising activity.
A retail food establishment operated by a person, firm or
corporation not primarily in the business of retail food sales, which
establishment is and shall continue to be operated on a nonprofit
basis solely for the use and benefit of the employees of such person,
firm or corporation in the hours during which such employees are actually
engaged in the business of such person, firm or corporation.
A seating establishment or nonseating establishment where
food is sold for mobile facilities.
A retail food establishment, including mobile establishments,
where food is and is intended to be sold in an unprepared or merely
partly prepared condition for further preparation and consumption
at a time and place different from the time and place of sale. The
fact that a nonseating establishment sells food capable of being consumed
at the time and place of sale shall not render the same a seating
establishment, if the substantial portion of sales made and intended
to be made are of the type hereinbefore described as those made by
a nonseating establishment.
A single enclosure or a single place in, at or from which
food or drink for human consumption is sold or served, including but
not limited to any fixed or mobile restaurant, coffee shop, cafeteria,
short-order cafe, luncheonette, grill, tearoom, sandwich shop, soda
fountain, tavern, bar, cocktail lounge, nightclub, roadside stand,
industrial feeding establishment, private, public or nonprofit organization
or institution routinely serving food, catering kitchen, commissary,
box-lunch establishment, retail bakery, meat market, delicatessen,
grocery store, public food market and similar places. For purposes
of the licensing provision of this article, each such retail food
establishment, whether or not more than one such establishment is
located upon a single premises and whether or not more than one such
retail food establishment is owned, operated or conducted by a single
person, firm or corporation, shall be licensed separately.
A retail food establishment, including mobile establishments,
at which food is or is intended to be sold for consumption at the
time and place of sale, whether or not seats for the use of patrons
are actually supplied.
[Added 12-27-1972]
It shall be unlawful for any person, firm or
corporation to conduct a retail food establishment in the Borough
of Palmyra without first having procured either a license or permit
to do so, as the case may be, or without complying with the provisions
of the Retail Food Establishment Code of New Jersey (1965). Each day
upon which such person, firm or corporation shall do any act which
is herein prohibited or omit to do any act which is herein required
shall constitute a new violation.
[Added 12-27-1972]
Each retail food establishment, except establishments
conducting fund-raising activities, now or hereafter conducted or
operated in the Borough of Palmyra shall be licensed in accordance
with the provisions of this article.
[Added 12-27-1972]
Each nonprofit corporation or association shall,
before the 10th day prior to conducting any fund-raising activity,
apply for a permit to do so. Such permit shall be issued by the Secretary
of the Board of Health without fee as a matter of course, unless and
until the Sanitarian shall have determined that the fund-raising activity
is not or will not be conducted in accordance with the provisions
of the Retail Food Establishment Code of New Jersey (1965). Not more
than four such permits shall issue to a single such nonprofit corporation
or association in any twelve-month period following the 30th day of
each June.
[Added 12-27-1972]
Any person, firm or corporation herein required
to be licensed now or hereafter seeking to operate or conduct a retail
food establishment shall, not earlier than the first day of June and
not later than the 30th day of June of each year, apply in writing
to the Secretary of the Board of Health of the Borough of Palmyra
for a license to do so, provided that any such person, firm or corporation
seeking to commence business may apply at times other than those hereinbefore
set forth for a license, which said license shall expire on the first
day of July next ensuing.
[Added 12-27-1972]
The annual fee, which shall be paid in cash
or certified check at the time of application, for the issuance of
a retail food establishment license is hereby fixed in accordance
with the following schedule:
A.
Nonseating establishments wherein are employed not
more than nine employees, not including the owner and his spouse,
shall pay an annual fee of $25.
[Amended 8-9-2010 by Ord. No. 2010-10]
B.
Nonseating establishments wherein are employed more
than nine employees, not including the owner and his spouse, shall
pay an annual fee of $25.
C.
Seating establishments having a total seating capacity
for not more than 19 persons shall pay an annual fee of $25.
[Amended 8-9-2010 by Ord. No. 2010-10]
D.
Seating establishments having a total seating capacity
for more than 19 persons and not more than 49 persons shall pay a
fee of $50.
[Amended 8-9-2010 by Ord. No. 2010-10]
E.
Seating establishments having a total seating capacity
for more than 49 persons and not more than 99 persons shall pay a
fee of $75.
[Amended 8-9-2010 by Ord. No. 2010-10]
F.
Seating establishments having a total seating capacity
for more than 99 persons shall pay a fee computed on the basis of
$100.
[Amended 8-9-2010 by Ord. No. 2010-10]
G.
Drive-in establishments shall pay a fee in accordance
with the foregoing fees as the same are set forth for seating establishments.
Each slot for parking shall be considered to be two seats.
H.
Mobile establishments shall pay a fee of $25 for each
facility from which food is sold in the Borough of Palmyra.
[Amended 8-9-2010 by Ord. No. 2010-10]
I.
Industrial establishments shall pay a fee of $25.
J.
All outside catering shall pay a fee of $10.
K.
Charitable, religious and educational nonprofit corporations,
associations and institutions shall be exempt from the payment of
the foregoing fees.
Any license issued under the terms and provisions
of this article may be suspended or revoked by this Board of Health
for the violation by the licensee of any provision of this article
or the Retail Food Establishment Code of New Jersey (1965) or whenever
it shall appear that the business, trade, calling, profession or occupation
of the person, firm or corporation to whom or to which 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 that the person or persons
conducting the retail food establishment are 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 the 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 by deposit 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 Board of Health concludes that the charges have been substantiated
and sustained, 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.
Any person, firm or corporation who or which
shall violate any of the provisions of this article shall, upon conviction,
be punished by a fine of not to exceed $200 or by imprisonment in
the county jail for a period of not to exceed 90 days, or by both
such fine and imprisonment, 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.
