[HISTORY: Adopted by the Board of Health of the Township of Chester: Art. 1, 12-8-1966; Art. 2, 12-8-1966, amended in its entirety at time of adoption of Code (see Ch. 171, General Provisions, Board of Health, Art. 1). Amendments noted where applicable.]
[Adopted 12-8-1966]
It shall be unlawful for any person or any body corporate to conduct a retail food establishment as defined in and governed by Chapter XII of the New Jersey State Sanitary Code, Sanitation in Retail Food Establishments and Food and Beverage Vending Machines, without first having procured a license from the local Board of Health so to do or without cost, with any or all of the provisions concerning operation and maintenance of the same as contained in the aforementioned Chapter XII of the State Sanitary Code.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 171, General Provisions, Board of Health, Art. 1).
[Amended 11-8-1990 by Ord. No. 1-90; 10-13-1993 by Ord. No. 1-93; 9-18-2019 by BOH Ord. No. 2019-01]
The fee for licensure of retail food establishments without seating is $150 per annum, the licensure for retail food establishments with seating is $200 per annum. The licensure for the sale of retail foods at a temporary event is $75 per event.
[Amended 6-11-1997 by Ord. No. 97-1]
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 Chapter XII of the State Sanitary Code 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 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. 
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.
B. 
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 said license.
C. 
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 governing body concludes that the charges have been sustained and 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 township 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.
[Added 8-10-1994 by Ord. No. 1-94; amended 10-14-2020 by BOH Ord. No. 2020-01]
A. 
Training of food handler.
(1) 
Any person employed in a retail food establishment who routinely comes into contact with food, beverages, utensils or food equipment shall be required to participate in and successfully complete an approved retail food handler's course to be conducted under the direction of the Board of Health within one month of the date of hire.
(2) 
Each food handler shall be required, every three years, to participate in and successfully complete an approved retail food handler's course approved by Chester Township Board of Health.
B. 
Certification of certified food protection manager.
(1) 
No food establishment classified as Risk Type 2 or Risk Type 3 as defined by N.J.A.C. 8:24-1.5, shall operate after January 1, 2021 without at least one food protection manager with a current food safety certification acquired through a course of instruction approved by the New Jersey State Department of Health as required by N.J.A.C. 8:24-2.1.
(2) 
All food protection managers shall obtain a food safety certificate.
(3) 
No retail food license shall be issued to a prospective establishment that does not have a currently certified food protection manager.
(4) 
Each Risk Type 2 and Risk Type 3 retail food establishment must notify the Department of Health, in writing, within 15 days, in the event that their certified food protection manager ceases to be employed by the establishment as food protection manager.
Any person, firm or corporation who shall violate any of the provisions of this article shall, upon conviction, be punished by a fine of not less than $5 nor more than $500. 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.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 171, General Provisions, Board of Health, Art. 1).
[Adopted 12-8-1966; amended in its entirety at time of adoption of Code (see Ch. 171, General Provisions, Board of Health, Art. 1)]
Chapter XII of the New Jersey State Sanitary Code, Sanitation in Retail Food Establishments and Food and Beverage Vending Machines, is applicable and shall be enforced in the Township of Chester.
Copies of the Chapter XII of the State Sanitary Code are on file in office of the Township Clerk, where they may be examined during regular office hours.
Any person who violates any provision of or order promulgated under Chapter XII of the State Sanitary Code shall, upon conviction, be liable to a penalty of not less than $5 nor more than $500 for each violation. Each day a violation continues shall constitute a separate offense.