As used in this article, the following terms
shall have the meanings indicated:
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.
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.
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.
A seating establishment or nonseating establishment, as defined
herein, where food is sold from mobile facilities.
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.
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]
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, 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]
A.
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.
B.
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.
A.
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.
B.
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.
C.
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.
