Editor's Note: See also Section 4-9, Licensing of Retail Food
Establishments, in the Revised General Ordinances of the Borough of
Roseland and Appendix A in the rear of this Board of Health Code.
Chapter 24 of the New Jersey State Sanitary Code regulating the construction, operation and maintenance of retail food establishments is hereby adopted pursuant to N.J.S.A. 26:3-69.1 to 26:3-69.6. A copy of said Chapter 24 of the New Jersey State Sanitary Code is annexed hereto and made a part hereof without the inclusion of the text herein.
[Ord. No. BH:10-16-08]
a.Â
Section 8:24-5.2, Plumbing System. Subsection (a) is amended by adding the following:
All licensed retail food establishments must install and properly
maintain grease traps. Said devised shall operate to separate, capture
and contain all rendered animal fat, all oily matters and all thick
lubricants from wastewater discharging from any of the aforementioned
food establishments and flowing into the sewer system.
In addition to routine inspections by the Health Department,
all retail food establishments must employ, at their own expense,
a New Jersey licensed master plumber to conduct an annual inspection
of their grease trap(s), flow restrictor and connecting wastewater
lines to ensure that waste oil and grease is being adequately removed
from wastewater being discharged into the sewer system. The owner
of the establishment shall be required to provide the Health Department
with a formal inspection report from the licensed master plumber.
The inspection report shall be submitted with the annual retail
food licensing renewal form. The report shall be granted the same
due date with the annual food license. Any change of ownership for
an existing retail food establishment shall be required to submit
the report prior to operation. All new establishments are required
to submit said report prior to issuance of a Certificate of Occupancy
The chapter of the New Jersey State Sanitary Code established and adopted by this Article is commonly known as the New Jersey Sanitary Code, Chapter 24, Construction, Sanitation in Retail Food Establishments and Food and Beverage Vending Machines.
Three (3) copies of the New Jersey State Sanitary Code, Chapter 24, Sanitation in Retail Food Establishments and Food and Beverage Vending Machines have been placed on file with the Health Officer upon the introduction of this Article and will remain on file with the Health Officer for use and examination by the public.
Any person who shall violate any of the provisions of this Article shall, upon conviction, be subject to the penalties provided in Chapter BH1, General Provisions.
a.Â
License Required. It shall be unlawful for any person or body, individual or corporate, to conduct a retail food establishment or to engage in operating one or more vending machines, as defined in and governed by Chapter 24 of the New Jersey State Sanitary Code, without first having procured a license from the Board of Health to do so and without complying with any and all of the provisions concerning the operation and maintenance of the same as contained in the aforementioned Chapter 24 of the New Jersey State Sanitary Code.
b.Â
Submission of Plans Required. Whenever a retail food establishment
is constructed or renovated, and whenever a structure is converted
to use as a retail food establishment or alterations or other changes
in the operation are made that in the opinion of the Health Officer
will change the nature of the operation, plans and specifications
for the establishment must be submitted to the Health Department for
review and approval before construction, renovation or conversion
is begun.
c.Â
Contents of the Plans and Specifications. The plans and specifications
for a retail food establishment shall include, as required by the
Health Officer based on the type of operation, type of food preparation
and foods prepared, the following information:
1.Â
Intended menu.
2.Â
Anticipated volume of food to be stored, prepared and sold or served.
3.Â
Proposed layout, mechanical schematics, construction materials and
finish materials. The layout shall be drawn to a scale of one-quarter
inch equals one foot (1/4" = 1') and shall be signed and sealed by
a New Jersey licensed architect or engineer.
4.Â
Proposed equipment types, manufacturers, model numbers, locations,
dimensions, performance capacities and installation specifications.
5.Â
Written standard operating procedures that reflect a knowledge of
general food safety and the establishment's ability to implement State
and local food safety regulations, including indication of how practices
ensure that transmission of disease is prevented; food is received
from an approved source; food is stored, prepared and transported
properly; potentially hazardous foods are properly maintained; effective
warewashing is conducted; and proper records are maintained.
6.Â
Proposed program of training for supervisory personnel and food handlers.
7.Â
Any other information that may be required by the Health Officer
for the proper review of the proposed construction, renovation, conversion
or alteration.
d.Â
Plan Approval.
1.Â
The Health Officer shall examine or cause to be examined all applications
for approval to construct or renovate a retail food establishment
and approve or deny, in whole or in part, the application within thirty
(30) days of the date of submission. If the application is denied
in whole or in part, the Health Officer shall set forth the reasons
therefor in writing. If the application is approved, the Health Officer
shall provide the applicant with a written letter of approval.
2.Â
Any approval for construction or renovation of a retail food establishment
shall become invalid if the authorized work is not commenced within
twelve (12) months after the issuance of the approval or if the authorized
work is suspended or abandoned for a period of six (6) months after
the time of commencing the work.
3.Â
The Health Officer may revoke an approval for the construction or
renovation of a retail food establishment for any false statement
or misrepresentation of fact in the application or on the plans on
which the approval was based.
4.Â
The Health Officer shall be notified of the start of construction
or renovation work at the retail food establishment at least twenty-four
(24) hours in advance.
[Amended by the Mayor and Council by Ord.
No. 6-2016]
Editor's Note: See Appendix A, paragraph c. for license fee
for a mobile food vendor.
a.Â
MOBILE RETAIL FOOD VENDOR
For the purposes of this section, certain terms are defined as follows:
Any movable restaurant, truck, van, trailer, cart or other
movable conveyance, including hand-carried or portable containers
in which food or beverage is transported, stored or prepared for retail
sale or given away at temporary locations.
b.Â
An applicant for a mobile retail food vendor's license must provide
to the Board of Health an affidavit setting forth the need of this
type of service, approximate duration of time, the days of the week
of the anticipated service, exact location and name or trade name
of the applicant. Where the location is to be on public property,
the Borough Council or the person or organization duly authorized
by the Council having jurisdiction over the property is to make the
affidavit. Where the location is on private property, the property
owner is to make the affidavit.
c.Â
Cleanup and removal of litter generated by the mobile retail food
vendor shall be the responsibility of the mobile retail food vendor
and shall be a condition of any license conveyed to said vendor.
d.Â
All mobile food applicants shall obtain a Solicitation License from
the Roseland Borough Clerk prior to the Board of Health's approval.
Editor's Note: See also Chapter IV, Licensing and Business Regulations,
of the Borough Code.
|
Food vending vehicles dispensing ice cream, soft drinks or food
shall not conduct business between the hours of 9:00 p.m. and 6:00
a.m.
Every license issued or approved under the provision of this
Article shall expire on December 31 of the year of its issue, with
the exception of temporary licenses, and an application for renewal
thereof shall be submitted, together with the required fee, at least
ten (10) days prior to December 31 of each year. Establishments which
fail to submit an application before December 31 will be subject to
a late fee of one hundred ($100.00) dollars. Establishments operating
without a valid license will also be subject to immediate closure.
A temporary license shall expire seven (7) days after its issue.
a.Â
The fees for licensure of retail food establishments and food and
beverage vending machines are hereby fixed as follows:
Editor's Note: See also Chapter IV, Section 4-9 of the Revised General Ordinances of the Borough of Roseland.
1.Â
For retail food establishments other than retail eating or drinking
establishments or other places where food is served, for each (1,000)
square feet of floor space or fraction thereof, including storage
areas, see Appendix A, Fee Schedule.
2.Â
For temporary retail food establishments other than mobile units,
the license fee shall be set forth in Appendix A, Fee Schedule. The
license shall expire seven (7) days after its issue.
3.Â
For mobile restaurants and other mobile units engaged in the retail
distribution, sale or delivery of foods and/or drinks or frozen desserts,
the license fees shall be set forth in Appendix A, Fee Schedule.
4.Â
For food and beverage vending machines, the license fees shall be
at the rate of one hundred ($100.00) dollars per machine, and twenty
($20.00) dollars for each additional machine.
b.Â
Notwithstanding anything to the contrary contained in this section,
no fee shall be charged for a license when the same is issued to a
hospital, church, school or any nonprofit organization, society or
group.
c.Â
The fees for a reinspection necessitated by a conditional satisfactory,
unsatisfactory rating, or other health related violation given at
an initial inspection of a retail food establishment shall be in the
amount of two hundred ($200.00) dollars for a conditional satisfactory,
unsatisfactory rating, or other health related violation given in
the same calendar year or a second consecutive conditional satisfactory,
unsatisfactory rating, or other health related violation, regardless
of year, shall be in the amount of five hundred ($500.00) dollars.
Any license issued pursuant to this Article may be suspended
or revoked by the Board of Health if:
a.Â
The licensee has violated any provision of this Article or Chapter 24 of the New Jersey State Sanitary Code;
b.Â
The business, trade, calling or occupation of the person to whom
the license was issued is conducted in a disorderly or in an improper
manner or in violation of any state or federal law or any ordinance
of the Borough of Roseland;
c.Â
The person or persons conducting the retail food establishment is
of an unfit character to conduct the same;
d.Â
The purpose for which the license was issued is abused to the detriment
of the public health; or
e.Â
The license is being used for a purpose foreign to that for which
the license was issued.
a.Â
The Health Officer may suspend a license granted pursuant to this
Article when, in the opinion of the Health Officer, conditions of
the licensed establishment are such that continued operation of the
establishment poses an imminent threat to the health of the public
or patrons of the establishment. The Health Officer shall restore
the license of the establishment upon verification that the conditions
causing the suspension have been abated. The Health Officer shall
conduct an inspection to verify abatement of conditions within seventy-two
(72) hours of receiving notification from the licensee that the conditions
causing the suspension have been abated.
b.Â
Except as indicated in paragraph a., a license pursuant to this Article
shall not be suspended or revoked until a hearing thereon has been
held by the Board of Health, as hereinafter set forth in this Article.
a.Â
Written notice of the time and place of the hearing with respect
to the proposed suspension or revocation of the license issued pursuant
to this Article shall contain a brief statement of grounds for the
proposed suspension or revocation.
b.Â
Such notice shall be served upon the licensee at least three (3)
days prior to the date set for such hearing.
a.Â
At the hearing before the Board of Health with respect to the proposed
suspension or revocation of license, the person to whom the notice
is directed shall be given an opportunity to answer and to be heard.
b.Â
After due consideration and deliberation, the Board of Health may
dismiss the complaint or, if it concludes that the charges have been
substantiated, may suspend or revoke the license.
If any license issued pursuant to this Article shall be 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 of Roseland unless the application
for such license shall be approved by the Board of Health.
Any person, firm or corporation who shall violate any of the provisions of this Article shall, upon conviction, be subject to the penalties provides in Chapter BH1, General Provisions.