[HISTORY: Adopted by the Board of Health of the Borough of Clayton 10-10-1961. Amendments noted where applicable.]
A code regulating retail food-handling establishments, providing for the inspection of such establishments and fixing penalties for violations is hereby established pursuant to N.J.S.A. 26:3-69.1 to 26:3-69.6. A copy of said code is annexed hereto and a part hereof without the inclusion of the text thereof herein.
The code established and adopted by this chapter is described and commonly known as the "Retail Food Handling Establishment Code of New Jersey (1952)."
Three copies of said Retail Food Handling Establishment Code of New Jersey (1952) 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 action is taken on this chapter for use and examination by the public.
No person shall operate a retail food-handling establishment unless a license or approval of an existing certificate, permit or license to operate same shall have been issued by this Board of Health. Such license or approval of an existing certificate, permit or license shall be in a conspicuous place in such establishment.
[Amended 12-14-1971]
A. 
The food and milk license is hereby combined and fees therefor set forth as follows. Square footage includes both the food preparation and/or serving areas.
[Amended 5-10-1979 by Ord. No. 79-4]
(1) 
Category 1: up to 2,099 square feet: $60.
(2) 
Category 2: 2,100 to 3,099 square feet: $150.
(3) 
Category 3: 3,100 to 5,099 square feet: $200.
(4) 
Category 4: 5,100 square feet and up: $500.
B. 
Liquor stores and bars incidentally serving food are to be placed in Category 1 until such time as the serving of food becomes their primary source of income.
C. 
Under Category 1, all dairies and any mobile units selling in the Borough will pay $60 for each unit.
[Amended 5-10-1979 by Ord. No. 79-4]
Licenses issued or approved under the provisions of this chapter shall expire annually on December 31 of each year, and application for renewal thereof shall be submitted, together with the required fee, prior to November 30 of each year.
[Amended 5-10-1979 by Ord. No. 79-4]
A person conducting an itinerant retail food-handling establishment shall secure a license, or if such person is the holder of a certificate, permit or license issued by the Board of Health of another jurisdiction, said certificate, permit or license may be approved by this Board of Health, and there shall be a fee of $10 charged for such approval.
A. 
A license or approval of a certificate, permit or license may be suspended or revoked for a violation by the holder of any provision of this chapter or code after an opportunity for a hearing by the Board of Health or an authorized representative.
B. 
A license or approval of a certificate, permit or license issued by another Board of Health is not transferable.
Any person who violates any provision of or order promulgated under this chapter or code established herein shall, upon conviction thereof, be liable to a penalty of not less than $2 nor more than $500 for each offense. Each day a particular violation continues shall constitute a separate offense.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).