[HISTORY: Adopted by the Board of Health
of the Board of Madison 10-9-1962 by Ord. No. 4BH; amended in its entirety 9-19-1996 by Ord. No. BH 2-96. Subsequent amendments noted where
applicable.]
This chapter shall be enforced by the Health
Officer in accordance with N.J.S.A. Title 24, entitled "Food and Drugs,"
and the interpretations thereof contained in the New Jersey State
Sanitary Code (N.J.A.C. 8:24-1.1 et seq.). The provisions of the New
Jersey State Sanitary Code are hereby recognized as being of full
force and effect in the Borough of Madison.
As used in this chapter, words and terms shall have the meanings respectively ascribed to them in Chapter 12 of the State Sanitary Code.
A.
No person shall at any time within the Borough of
Madison conduct, maintain or operate a retail food establishment,
either mobile, temporary or at a fixed location, or otherwise engage
in the handling of food or drink, without first having obtained a
license to do so from the Board of Health of the Borough of Madison.
B.
Application for such a license shall be made to the
Board of Health, on forms approved by it, signed and executed by the
applicant.
A.
A separate license shall be obtained for each retail
food establishment operating at a fixed location, mobile retail food
establishment, temporary retail food establishment or other place
or event at which food or drink is sold, distributed, served or otherwise
dispensed.
B.
No license to conduct, maintain or operate a retail
food establishment of any type shall be granted if such conduct, maintenance
or operation will result in the violation of the Zoning Ordinance,
Building Code[1] or any other ordinance of the Borough of Madison.
C.
Either the manager, owner or operator of a retail
food establishment licensed by the Board of Health shall be required
to attend the yearly food handlers' training seminar provided by the
Board and to obtain a certificate of completion of said course, annually.
[Amended 12-15-1998 by Ord. No. BH 3-98]
A.
Every applicant for whom a license is granted as required
by the provisions of this chapter shall pay to the Board of Health
of the Borough of Madison an annual license fee for the same as follows:
(1)
For a retail food establishment (RFE) operating at
a fixed location, selling or dispensing food or drink, whether or
not such food or drink is consumed upon the premises where the same
is sold or dispensed, the fee shall be based upon the floor area of
the premises, including storage areas, calculated as follows:
(a)
For 2013 and thereafter:
[Amended 11-18-2008 by Ord. No. BH 3-08; 12-21-2010 by Ord.
No. BH 1-10; 12-18-2012 by Ord. No. BH 2012-3]
|
Total Floor Area of RFE
(square feet)
or Type
|
Fee
|
|---|---|
|
Pharmacy/package goods
|
$80
|
|
Less than 2,000
|
$145
|
|
2,000 to 5,000
|
$200
|
|
5,000 to 10,000
|
$225
|
|
Greater than 10,000
|
$750
|
|
Reinspection fee – 2
|
$150
|
|
Reinspection fee – 3
|
$200
|
|
Temporary
|
$45
|
|
Mobile
|
$150
|
|
Catering
|
$150
|
|
Farmers' market
|
$40
|
|
Plan review fee
|
$225
|
|
Plan alterations review
|
$175
|
|
Food handler's course
|
$40
|
B.
The fee shall be due and payable on the first business
day of January of each year. Effective February 1 of each year, an
additional late fee of $50 will be charged to those retail food establishments
that have not obtained a license.
[Amended 11-18-2008 by Ord. No. BH 3-08]
C.
No fee shall be charged for a license when the same
is issued to any organization, society or group, such as a hospital,
a school not operated for profit or a religious institution, when
the license is requested for a purpose from which no profit is planned.
D.
Whenever resampling and microbiological analysis of
hazardous foods are necessitated by reason of unsatisfactory results,
the owner(s) of the retail food establishment shall be assessed and
the Board reimbursed for the costs of resampling and microbiological
analysis of hazardous foods at the rate of $100 per sample.
E.
Additional conditional inspections: Whenever a second,
or more, conditional inspection in a sequence of inspections is necessitated
by reason of classification of a food establishment as conditionally
satisfactory, the owner shall be assessed for the cost of each such
additional inspection at the rate of $100 per inspection for the administrative
cost of the additional inspection(s).
[Added 11-18-2008 by Ord. No. BH 3-08]
A.
Each license issued under the provisions of this chapter
shall bear the actual date of issue thereof, the legal name of the
person, firm, corporation or other organization, society or group
to whom issued and the location of the premises or other place of
operation for which the license is requested.
B.
No license shall be transferable.
C.
All licenses shall be displayed in a conspicuous place
on the licensed premises, machine or vehicle.
D.
Every licensee shall be required to sign an agreement
certifying that the licensee has a contract for the collection or
removal of all refuse, garbage and trash from the food service establishment,
so as not to create a health hazard.
All licenses and permits granted under the provisions
hereof shall expire on December 31 of the year for which the same
are granted, unless suspended or revoked, or unless issued for a temporary
or shorter specified period.
A.
A license or permit may be suspended or revoked for any violation by the holder thereof of any provision of this chapter or of Chapter 12 of the State Sanitary Code by the Health Officer; provided, however, that the holder shall be afforded an opportunity to appeal the suspension of the license to the Board of Health and the Health Officer within 48 hours of the effective date of the suspension.
B.
If any such license shall have been revoked, neither
the holder thereof nor any person acting for the holder directly or
indirectly shall be entitled to another license to carry on the same
business within the borough unless the application for such license
shall be approved by the Board of Health.
In addition to the minimum toilet and handwashing
facilities established by the State Sanitary Code for employees of
food-handling establishments, any food-handling establishments designed
for on-premises consumption shall provide at least the following minimum
handwashing and toilet facilities for use by patrons:
|
Patron Seating Capacity
|
Minimum Facilities for Each Sex*
|
|---|---|
|
1 to 49
|
1 toilet and 1 handwashing basin
|
|
50 to 99
|
2 toilets and 2 handwashing basins
|
|
100 to 150
|
3 toilets and 3 handwashing basins
|
|
Over 150
|
1 additional unit for each additional 50 patrons
or fraction thereof
|
|
* NOTE: Toilet facilities for males may be reduced
by one-third (1/3) by substituting urinals.
|
Any person violating or failing to comply with
any of the provisions of this chapter shall, upon conviction thereof,
be punishable by a fine of not more than $500 or by imprisonment for
a term not to exceed 90 days, or by both such fine and imprisonment,
in the discretion of the Municipal Court. The continuation of such
violation for each successive day shall constitute a separate offense,
and the person or persons allowing or permitting the continuation
of the violation may be punished as provided above for each separate
offense.
