Township of Clark, NJ
Union County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Council of the Township of Clark as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Licensing — See Ch. 203.
[Derived from Secs. 21-1, 21-4 and 21-7 of the 2002 Revised General Ordinances, adopted 12-16-2002 by Ord. No. 02-27]
[Amended 9-17-2007 by Ord. No. 07-14]
The words and phrases defined in N.J.A.C. 8:24-1.5 shall govern the meaning of the words and phrases used in this article, except as indicated otherwise.
[Amended 9-17-2007 by Ord. No. 07-14; 1-17-2012 by Ord. No. 12-01]
The provisions of N.J.A.C. 8:24-1.1 et seq., "Sanitation in Retail Food Establishments and Food and Beverage Vending Machines," shall be enforced in the Township of Clark.
[Amended 1-17-2012 by Ord. No. 12-01]
Three copies of the provisions of N.J.A.C. 8:24-1.1 et seq. have been placed on file in the offices of the Township Clerk and Bureau of Health for the use and examination of the public.
A. 
Required; display. No person shall operate a retail food establishment unless a license to operate the same shall have been issued by the Bureau of Health, Division of Health. Such license shall be posted in a conspicuous place in each retail food establishment.
B. 
Annual fee. The annual licensing fee for retail food establishments shall be the sum of $275 per year, irrespective of the size of the establishment.
[Amended 1-17-2012 by Ord. No. 12-01; 9-17-2012 by Ord. No. 12-10]
C. 
Expiration of licenses. All licenses provided for in this article shall expire on December 31 of each year.
D. 
The fee for a temporary retail food establishment shall be $275 per event; provided, however, that any entity licensed by the Township of Clark as a retail food establishment within the Township of Clark shall not be required to pay an additional licensing fee.
[Amended 9-17-2012 by Ord. No. 12-10; 11-21-2016 by Ord. No. 16-11]
A. 
Inspection of place of food preparation. Mobile retail food establishments shall designate to the Bureau of Health the location of preparation and processing of all food handled. The Bureau of Health shall be allowed to examine the location of the preparation and processing of all food handled, and these locations shall conform to the approved standards of this article. When a location is changed, the operator shall notify the Bureau of Health forthwith by certified mail.
B. 
Itinerant food handler. The itinerant food handler shall designate to the Bureau of Health a schedule of calls and times thereof.[1]
[1]
Editor’s Note: Former Subsection C, License fee, which immediately followed this subsection, was repealed 11-21-2016 by Ord. No. 16-11.
A. 
If the Bureau of Health finds that the holder of a license issued under this article is in violation of this article and that the violation is detrimental to the health and welfare of the Township, it may suspend such license until such violation is corrected.
B. 
The Bureau of Health may refuse to renew or may revoke any license under this article if it finds, after notice and opportunity to be heard is given to the licensee by the Bureau, that the issuance or continuance thereof would work substantial detriment to the health and welfare of the Township by reason of the violation of this article by the applicant or licensee.
[Amended 1-17-2012 by Ord. No. 12-01]
A. 
Distribution permit and location license required.
(1) 
No distributor shall engage in the operation of a food and beverage vending machine business for profit without having obtained a distribution permit to do so from the Bureau of Health or without complying with all the provisions of N.J.A.C. 8:24-1.1 et seq.
(2) 
No person, other than a distributor, shall maintain or permit the maintenance of any food or beverage vending machine without having obtained a location license for each machine from the Bureau of Health or without complying with the provisions of N.J.A.C. 8:24-1.1 et seq.
(3) 
All food and beverage vending machines shall be subject to inspection by the Bureau of Health.
B. 
Applications. Applications for permits or licenses shall be made to the Bureau of Health in accordance with the provisions of N.J.A.C. 8:24-1.1 et seq. and shall be accompanied by the appropriate fee.
C. 
Fees; terms; transfers.
(1) 
Fees.
(a) 
The fees for permits and licenses required by this article shall be $275 per food and beverage vending machine.
[Amended 11-21-2016 by Ord. No. 16-11]
(b) 
Fees shall not be prorated.
(2) 
Expiration.
(a) 
All permits and licenses issued after November 8, 2000, shall expire on December 31 of the licensing year.
(b) 
All retail food establishment licenses, including mobile vendors and vending machines, shall be renewed annually no later than February 1 of the licensing year. A late fee of $100 per month shall be added to the existing license fee after February 1.
Any person who violates any provisions of this article shall, upon conviction thereof, be liable to the penalty stated in Chapter 1, Article III, General Penalty.
[Derived from Secs. 21-2 and 21-7 of the 2002 Revised General Ordinances, adopted 12-16-2002 by Ord. No. 02-27]
[Amended 9-17-2007 by Ord. No. 07-14]
As used in this article, the following terms shall have the meanings indicated:
EMPLOYEE
The operator, person in charge, person having supervisory or management duties, person on the payroll, family member, volunteer, person performing work under contractual agreement, or other person working in a retail food establishment.
FOOD
A raw, cooked, or processed edible substance, ice, beverage, or ingredient used or intended for use or for sale, in whole or part, for human consumption, including chewing gum.
RETAIL FOOD ESTABLISHMENT
An operation that stores, prepares, packages, serves, vends or otherwise provides food for human consumption.
RISK 1 ESTABLISHMENT
Any retail food establishment that:
A. 
Serves or sells only prepackaged foods that are not potentially hazardous;
B. 
Prepares only foods that are not potentially hazardous; or
C. 
Heats only commercially processed, potentially hazardous foods for hot holding and does not cool potentially hazardous food.
RISK 2 ESTABLISHMENT
Any retail food establishment that has a limited menu and:
A. 
Prepares, cooks and serves most products immediately;
B. 
Exercises hot and cold holding of potentially hazardous foods after preparation or cooking; or
C. 
Limits the complex preparation of potentially hazardous food, including the cooking, cooling, and reheating for hot holding, to two or fewer items.
RISK 3 ESTABLISHMENT
Any retail food establishment that:
A. 
Has an extensive menu which requires handling of raw ingredients and is involved in the complex preparation of menu items that includes the cooking, cooling and reheating of at least three or more potentially hazardous foods; or
B. 
Prepares and serves potentially hazardous foods, including the extensive handling of raw ingredients, and whose primary service population is a highly susceptible population.
RISK 4 ESTABLISHMENT
A retail food establishment that conducts specialized processes, such as smoking, curing, canning, bottling, acidification designed to control pathogen proliferation, or any reduced-oxygen packaging intended for extended shelf-life, where such activities may require the assistance of a trained food technologist.
SUPERVISOR
The operator, person in charge or designated person in charge and shall ensure that a person in charge is present at the retail food establishment during all hours of operation.
[Amended 9-17-2007 by Ord. No. 07-14]
By January 2, 2010, at least one person in charge of a Risk 2, Risk 3 and Risk 4 type of food establishment shall be a certified food protection manager who has shown proficiency of required information through obtaining a food safety certificate by passing a food safety certification examination administered by an accredited certifying program recognized by the Conference for Food Protection. Certified food protection managers shall maintain the currency of the food safety certificate by following the accredited certifying program's requirements for renewal.
No establishment shall operate without the supervisor(s) employed in that establishment completing a course of general instruction in bacteria characteristics and growth, spread of food-borne diseases, methods of preventing food poisoning, proper food-handling techniques, equipment and establishment sanitation, dishwashing and sanitization and insect and rodent control.
A food handler's certificate may be granted to a supervisor who has taken a comparable course of instruction approved by the Health Officer of the Township of Clark.
No person to whom a food handler's certification is issued or granted shall give, loan, transfer or permit the same to be used by any other person for any purpose whatsoever.
Any person who violates any provisions of this article shall, upon conviction thereof, be liable to the penalty stated in Chapter 1, Article III, General Penalty.