As used in this article, the following terms shall have the meanings indicated:
- DRIVE-IN ESTABLISHMENT
- A seating establishment, as defined herein, where food is or is intended to be sold for consumption by patrons while seated in automobiles parked at the premises of the establishment.
- FUND-RAISING ACTIVITY
- A retail food establishment, as defined herein, 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.
- INDUSTRIAL ESTABLISHMENT
- A retail food establishment, as defined herein, 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 during the hours in which such employees are actually engaged in the business of such person, firm or corporation.
- MOBILE ESTABLISHMENT
- A seating establishment or nonseating establishment, as defined herein, where food is sold from mobile facilities.
- NONSEATING ESTABLISHMENT
- A retail food establishment, as defined herein, including mobile establishments, as defined herein, where food is or 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, as defined herein, 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.
- OUTDOOR CAFE
- Any eating establishment where food and other refreshments are served or consumed upon the public right-of-way, namely the sidewalks immediately in front of a restaurant, café, cafeteria or place of business where food and/or other refreshments are served or consumed, in rear, side or front yards where permitted pursuant to Chapter 101, Zoning, of the Park Ridge Code.[Added 7-11-2006 by Ord. No. 2006-09]
- RETAIL FOOD 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.
- SEATING ESTABLISHMENT
- A retail food establishment, as defined herein, including mobile establishments, as defined herein, 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.
It shall be unlawful for any person, firm or corporation to conduct a retail food establishment in the Borough of Park Ridge 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.
Each retail food establishment, except establishments conducting fund-raising activities, now or hereafter conducted or operated in the Borough of Park Ridge, shall be licensed in accordance with the provisions of this article.
Each nonprofit corporation or association shall, before the tenth day prior to conducting any fund-raising activity, apply for a permit to do so. Such permit shall issue by the Secretary of the Board of Health without fee as of course, unless and until the executive officer of the Board of Health 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.
[Amended 12-10-1979 by Ord. No. 79-17]
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 December and not later than the 31st day of December of each year, apply in writing to the Secretary of the Board of Health of the Borough of Park Ridge for a license to do so, provided that any such person, firm or corporation seeking to commence business may apply for a license at times other than those hereinbefore set forth, which said license shall expire on the 31st day of December next ensuing.
[Amended 12-10-1979 by Ord. No. 79-17]
The fee schedule for establishments covered under the provisions of this chapter shall be as adopted pursuant to Chapter 109 of the Board of Health of the Borough of Park Ridge.
Charitable, religious, civic, educational and nonprofit corporations, associations and institutions shall be exempt from the payment of fees; provided, however, that said organizations shall be inspected and meet all the sanitary requirements set by the Board of Health and/or the Retail Food Establishment Code of New Jersey (1965).
The Board of Health of the Borough of Park Ridge shall receive each application for a retail food establishment license and, upon such receipt, shall cause an inspection of the establishment to be made. The executive officer shall annually conduct lectures and classes upon the subject of food handling, which lectures or classes shall be attended by at least one permanent supervisory employee or operator of each applicant for a license. The said classes or lectures shall be conducted in a manner, place and time selected by the executive officer, who shall give notice in writing, delivered by United States mail, of such place and time to each applicant. If the executive officer determines that the retail food establishment to be licensed meets the criteria of the Retail Food Establishment Code (1965), and if the foregoing requirements as to food handling classes are met, the executive officer shall direct the Secretary to issue the license, but not otherwise.
[Amended 12-10-1979 by Ord. No. 79-17]
Each license issued pursuant to the provisions of this chapter shall expire on the 31st day of December and shall be renewed annually in accordance with § 75-5.
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 of 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 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 is of an unfit character to conduct the same, or that the purpose for which the license was issued is being abused to the detriment of the public or such license 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 depositing it 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 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.
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.
Jurisdiction to hear complaints of a violation of this article and to impose the penalties hereinafter prescribed shall be vested in the Municipal Court of the Borough of Park Ridge.
Upon notice to him that any person, firm or corporation shall have violated the provisions of §§ 75-2 and 75-3 of this article, the executive officer of the Board of Health may, by complaint filed in the Municipal Court of the Borough of Park Ridge, institute proceedings in the name of the Board of Health of the Borough of Park Ridge for the enforcement and imposition of penalties hereinafter prescribed.
Any person, firm or corporation having been found guilty of a violation of the provisions of this article, upon complaint made pursuant to the provisions of the foregoing section, shall, for each violation, be penalized by a fine of not more than $500 or by imprisonment in the county jail for a term not exceeding 90 days, or both, per day of violation.