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Township of Chatham, NJ
Morris County
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Table of Contents
Table of Contents
[Editor's Note: Prior ordinance history includes portions of Ordinance Nos. BH-3-67 and BH-2-70.]
[Ord. No. BH-1-97 § 1]
Every person, firm, corporation, partnership, company, association, organization or other legal entity operating or conducting a "retail food establishment" within the Township of Chatham within the meaning of that term as defined in Chapter 24, Sanitation in Retail Food Establishments and Food and Beverage Vending Machines, of the New Jersey State Sanitary Code, N.J.A.C. 8:24-1.1 and following, shall at all times comply with applicable provisions of Chapter 24.
[Ord. No. BH-1-97 § 2]
No person, firm, corporation, partnership, company, association, organization or other legal entity shall operate or conduct a retail food establishment as defined in Section BH3-1 within the Township of Chatham unless a currently valid license has been issued therefor by the Township Board of Health pursuant to this Chapter BH3.
[Ord. No. BH-1-97 § 3]
An application for a license to conduct a retail food establishment shall be made upon a form available in the office of the Township Board of Health. Each application shall require the following information:
a. 
Name and address of the applicant.
b. 
Location and a brief description of the nature of the applicant's business or activity;
c. 
Name of the person who will be in charge of the applicant's retail food establishment; and
d. 
Whether a regular or temporary license is requested.
Licenses issued pursuant to this chapter shall be classified as regular or temporary. Retail food establishments with permanent facilities for the handling of food must obtain annual licenses which are classified as regular licenses. Temporary licenses are limited to the conduct of special events at which food will be served to the public without the use of permanent facilities for the preparation and handling of food.
Every regular license shall expire on the last day of December of the year during which the license was issued. Every temporary license shall expire on the date provided in the license but in no event later than 14 days from the date upon which the license was issued.
[Ord. No. BH-1-97 § 4; BH-5-01; BH-1-02; BH-1-04 § 1; Ord. No. BH-1-10; Ord. No. BH-1-14]
The fees for regular retail food establishment licenses shall be as follows:
Plan Review Fee
$225
Plan Alterations Review Fee
$175
Store/Food Establishment Up to and including 10,000 square feet
$100 per annum
More than 10,000 square feet
$200 per annum
Deli/Restaurant
1 to 25 seats
$50 per annum
26 to 50 seats
$100 per annum
More than 50 seats
$150 per annum
Long Term or Assisted Care Facility having a maximum available capacity of
1 to 25 residents
$75 per annum
26 to 50 residents
$150 per annum
51 to 100 residents
$225 per annum
More that 100 residents
$300 per annum
Vendors purveying individual servings of ice cream or other frozen confections, hot or cold drinks, candies, popcorn, fruit or other edible products
$50 per annum
Vendors delivering dairy products to dwellings or dwelling units
$10 per annum per vehicle
Farm Stands
$25 per annum
Swim Club Snack Bars
$50 per annum
Packaged Goods only
$50 per annum
A temporary license for up to 3 days for a special event or celebration at which food will be served to the public by other than a school, church or nonprofit organization
$25 per event
There shall be no fee for a school, church or nonprofit organization having permanent or temporary kitchen facilities, provided that a license shall be obtained for any permanent kitchen facilities and further provided that the Township Board of Health may at any time inspect the operation of any temporary kitchen facilities.
The annual fee for a regular license shall not be prorated by reason of the date upon which the license may be issued.
All required license fees shall be due and payable on the first business day of January of each year. Effective May 1, 2010 and February 1 every year thereafter, an additional late fee of $50 will be charged to those retail food establishments who have not obtained a license.
The fee for a retail food establishment license shall cover an initial inspection and one reinspection if the establishment is not given a "satisfactory" rating on the basis of the initial inspection. There shall be a charge of $50 each for a third and any further inspections required prior to the issuance of a license.
No license issued pursuant to this ordinance shall be transferable in any manner.
[Ord. No. BH-1-97 § 5]
Inspections of a retail food establishment may be made by the Board of Health at any time or times during the period of a license. No charge shall be made for an initial inspection or a second inspection to assure the correction of any conditions that caused the issuance of a conditional or unsatisfactory rating. In the event that any future reinspections are required by failure to correct violations of Chapter 24 of the State Sanitary Code, the licensee shall pay to the Township Board of Health an additional fee of $50 for each reinspection necessary to determine compliance with Chapter 24. Any reinspection fee shall be paid at the time that the reinspection is made, and in no event shall a placard evidencing a satisfactory evaluation be issued until all required reinspection fees have been paid to the Board.
[Ord. No. BH-1-97 § 6]
The Board of Health shall schedule courses for the instruction of the management personnel of retail food establishments. When notified by the Board in writing, a licensed retail food establishment shall arrange for attendance of an appropriate representative of the establishment at the specified food handler's course. Failure by a retail food establishment to comply with the attendance requirement shall constitute grounds for suspension or revocation of the establishment's license.
[Ord. No. BH-1-97 § 7]
A license issued pursuant to this chapter may be suspended or revoked by the Township Board of Health for violation by the licensee of provisions of Chapter 24 of the State Sanitary Code whenever the Board determines that the violations require such action in order to protect the public health. Notice of suspension or revocation setting forth the alleged reasons for the suspension or revocation shall be given to the licensee in writing by delivering a copy of the notice to the licensee at the licensed premises or by posting a notice on the front door of the licensed premises. The suspension or revocation shall be effective upon such delivery or posting.
Whenever any license is suspended or revoked, the licensee shall be entitled to a hearing before the Board within 15 days after written request therefor is made to the Board. Upon such hearing or within 10 days thereafter the Board shall affirm, alter or rescind the suspension or revocation. The reasons for the action by the Board shall be set forth in writing and a copy thereof shall be furnished to the licensee.
[Ord. No. BH-1-97 § 8]
Any person who shall violate any provision of this chapter, any provision of Chapter 24 of the State Sanitary Code or any order issued thereunder shall upon conviction be subject to a penalty of not less than $5 nor more than $500 for each and every violation. Each day that a particular violation continues shall constitute a separate offense.