[Adopted 1-13-1981 by Ord. No. MC 2622 as Ch. 111, Art. I, of the 1981
Revised Code; amended in its entirety 2-27-2023 by Ord. No. MC 3820]
The standards in N.J.A.C. 8:24, Sanitation in Retail Food Establishments
and Food and Beverage Vending Machines, as amended, apply in the Township.
As used in this article, the following terms shall have the
meanings indicated:
A vehicle that transports food prepared at a retail food
establishment to a location predetermined by the customer, contains
refrigerated storage, hot holding and/or heating equipment and handwashing
and warewashing/sanitizing facilities for the purposes of meal delivery,
and does not accept payment for goods purchased or otherwise process
sales transactions.
A.
No person shall operate a retail food establishment or temporary
retail food establishment unless a license to operate the same shall
have been issued by the Division of Licensing following approval thereof
from the health authority as defined in N.J.A.C. 8:24-1.5.
B.
No person shall operate a retail food establishment that has been
found to be "Unsatisfactory," as defined by N.J.A.C. 8:24-8.11, until
the Department of Health has issued a "Satisfactory" rating pursuant
to N.J.A.C. 8:24-8.11.
C.
No person shall operate a newly constructed, remodeled, converted
or altered retail food establishment without first obtaining approval
of plans and specifications related to proposed construction, remodeling,
conversion or alteration as required by N.J.A.C. 8:24-9.1 and has
been inspected as required by N.J.A.C. 8:24-9.2 and receives a "Satisfactory"
rating pursuant to N.J.A.C. 8:24-8.11.
D.
Upon receipt of said application, the Department of Health shall
conduct an investigation into the plans for preparation and serving
the food, including source of food and type of equipment to be used.
Upon satisfactory evidence, based upon N.J.A.C. 8:24, the Department
of Health shall approve the application and allow the applicant to
obtain a license from the Division of Licensing. Upon receipt of said
application, the Department of Health shall inspect every retail food
establishment and any and all ancillary food delivery vehicles utilized
by same. The person operating a retail food establishment shall permit
access to all parts of the establishment and/or ancillary food delivery
vehicles and shall make available all records of food purchases on
demand, and upon the request of the enforcing official. Upon satisfactory
evidence, based upon N.J.A.C. 8:24, the Department of Health shall
approve the application and allow the applicant to obtain a license
from the Division of Licensing.
There shall be a charge for the license required by § 324-3 as follows:
A.
The annual fee for a license to operate a retail food establishment
shall be $1 per square foot of the establishment not to exceed $1,000
initially and 1/3 of the initial fee annually thereafter. A minimum
annual fee of $300 for a license to operate a retail food establishment
is hereby established. Retail food establishments that utilize ancillary
food delivery vehicles shall pay an annual of fee of $75 for each
vehicle.
B.
The fee for a license to operate a temporary retail food establishment
commencing business for less than five days shall be $50.
C.
The fee for a license to operate a temporary retail food establishment
commencing business for more than five days, the licensing fee for
a period of four months shall be 25% of the established annual licensing
fee for that calendar year.
D.
Late fees for licenses and permits.
(1)
A monthly late fee of $25, not to exceed $300 per year, is hereby
established for all licenses purchased after the conclusion of the
grace period.
(2)
For those new establishments commencing business from October 1 through
December 31 of the year, the licensing fee shall be 25% of the established
annual licensing fee for that calendar year.
(3)
A five-day period of grace following the established license deadline
is hereby established.
A.
Licenses issued under the provisions of this article shall be displayed
in a conspicuous place near the public entrance in such a manner that
the public may view the license.
B.
Pursuant to N.J.A.C. 8:24-8.12, the placard rating of the most recent
inspection of the retail food establishment shall be posted in a conspicuous
place near the public entrance in such a manner that the public may
view the rating.
Licenses, other than for temporary retail food establishments,
issued or approved under the provisions of this article shall expire
annually on December 31 of each year, and application for renewal
thereof shall be submitted, together with the required fee, from December
1 to December 31 of each year. Temporary retail food establishment
licenses shall be in effect for the duration of the event.
A.
A license issued under the provisions of this article may be revoked
or suspended, and a request for a license may be denied, based upon
just cause which shall include:
(1)
The violation of any of the provisions of this article;
(2)
The violation of any of the provisions of any other ordinance of
the Township of Irvington;
(3)
The violation of any statute, regulation or code of the State of
New Jersey dealing with health, disease control, sanitary practices
or environmental control;
(4)
A misrepresentation of a material fact related to the source of food
supplies, the medical records of food handlers or epidemiological
information relating to investigation of a food-borne disease; or
(5)
Failure to comply with a lawful directive of the Health Officer or
his duly appointed designee.
B.
An owner or operator of a retail food establishment may appeal the
suspension, revocation or denial of a license to operate and request
a hearing thereon before the Health Officer by filing a written request
with the Health Officer within five business days from the date of
receipt of such notice of suspension, revocation or denial. Such appeal,
which shall state in detail why the suspension, revocation or denial
should be reversed, shall be acted upon and a hearing held within
10 business days of its receipt.
A.
TEMPORARY MOBILE RETAIL FOOD ESTABLISHMENT
TEMPORARY RETAIL OR TEMPORARY MOBILE RETAIL FOOD ESTABLISHMENT
Definitions. As used in this section, the following terms shall have
the meanings indicated:
Any movable restaurant, truck, van, trailer, cart, bicycle,
watercraft, or other movable unit, including a hand-carried, portable
container in or on which food or beverages are transported, stored,
or prepared for retail sale or given away at temporary locations.
Any retail food establishment which operates at a fixed location
within the Township of Irvington municipal boundaries for a period
of no more than five consecutive days in connection with a fair, carnival,
circus, public exhibitions or similar transitory gatherings or meetings
open to the general public.
B.
No such temporary retail or temporary mobile retail food establishment
shall operate without first filing an application to operate with
the Department of Health. The application must be completed and submitted
for approval no later than 15 days' prior to the event(s).
The Township shall comply with all state and federal regulations
regarding meat packaging.
A.
Except as otherwise provided in this article, the penalties for violations
of this article are as follows:
|
Section
|
Short Description
|
1st Offense
|
2nd Offense
|
3rd Offense
|
4th Offense Maximum Fine;
Court Appearance Required
|
|---|---|---|---|---|---|
|
§ 324-3
|
Current retail food establishment license required
|
$250
|
$500
|
$750
|
$1,000
|
|
§ 324-5
|
Display of retail food establishment license
|
$50
|
$100
|
$250
|
$500
|
|
§ 324-8
|
Temporary retail food establishment license required
|
$50
|
$100
|
$250
|
$500
|
