[HISTORY: Adopted by the Board of Health of the Borough of Chester 3-20-1980 as Ch. BH:III of the 1980 Code. Amendments noted where applicable.]
A code regulating retail food establishments and fixing penalties for violations is hereby established pursuant to N.J.S.A. 26:3-69.1 to 69.6. A copy of the code is annexed hereto and made a part hereof without the inclusion of the text thereof herein.
The code established and adopted by this chapter is commonly known as the "Retail Food Establishment Code of New Jersey (1965)."
Three copies of the Retail Food Establishment Code of New Jersey (1965) have been placed on file in the office of the secretary of this local Board of Health upon the introduction of this chapter and will remain on file there until final action is taken on this chapter for the use and examination of the public.
It shall be unlawful for any person or any body corporate to conduct a retail food establishment as defined in and governed by the Retail Food Establishment Code of New Jersey (1965) established by ordinance of the local Board of Health dated September 19, 1968, without first having procured a license from the local Board of Health so to do or without complying with any or all of the provisions concerning operation and maintenance of the same as contained in the aforementioned Retail Food Establishment Code of New Jersey (1965).
[Added 9-17-1998 by Ord. No. BH-1-98]
All plans for the installation of food-handling facilities for a new retail food establishment and all plans for the modification of food handling facilities in an existing retail food establishment shall be reviewed and approved by the Board of Health prior to the installation or modification of such facilities.
A fee equal to the annual license fee for the retail food establishment shall accompany the submission of a request for the review and approval by the Board of Health of plans for any new or modified facilities.
No application for a license for a retail food establishment shall be acted upon by the Board of Health until any new or modified food-handling facilities have been found by the Board to have been installed in accordance with the plan approved by the Board and such facilities have also been inspected and approved for use by the Borough Construction Official.
[Amended by Ord. No. 96-06; 2-9-2009 by Ord. No. BH-2-09]
The fees for licensure of retail food establishments are hereby fixed as established in Chapter 127, Fees.
For license fees received by the Board of Health after January 31 of the licensing year, a surcharge of 50% of the fee shall be added. For license fees received by the Board of Health after March 31 of the licensing year, a surcharge of 100% of the fee shall be added.
[Added by Ord. No. BH-97-1; amended 10-15-2009 by Ord. No. BH-4-09]
Whenever any person, association or organization not holding a retail food establishment license issued pursuant to the provisions of this chapter conducts a special event within the Borough of Chester at which food is served, handled or provided to the public, such person, association or organization shall, at least 10 calendar days before the special event is to be held, apply to the Board of Health for a special event food-handling permit. The fee for such permit shall be the amount as set forth in Chapter 127, Article I, Municipal Fees, of the Code of the Borough of Chester. The holder of such a permit shall comply with the provisions of Subchapter 8 of the Retail Food Establishment Code of New Jersey, N.J.A.C. 8:24-8.1 and following.
Any license issued under the terms and provisions of this chapter may be suspended or revoked by the Board of Health for the violation by the licensee of any provision of this chapter 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 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 borough, 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 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.
Hearing; serve notice. A license issued under the terms and provisions of this chapter 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 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 upon the 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 Borough Council concludes that the charges have been sustained and substantiated. It may revoke, cancel or suspend the license held by the licensee.
Board of Health, approval required to reinstate revoked license. 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.
[Added by Ord. No. BH-97-1]
The Board of Health shall schedule courses for the instruction of the management personnel of retail food establishments. When notified by the Board in writing, a licensed retail food establishment shall arrange for the attendance of an appropriate representative of the establishment at the specified food handler's course. Failure by a retail food establishment to comply with the attendance requirement shall constitute grounds for the suspension or revocation of the establishment's license.
No provision of this chapter shall be applied so as to impose any unlawful burden on either interstate commerce or any activity of the state or federal government.