Township of Old Bridge, NJ Chapter 203 Food and Beverages

[HISTORY: Adopted by the Township Council of the Township of Old Bridge as indicated in article histories. Amendments noted where applicable.]

GENERAL REFERENCES

Live entertainment at premises licensed to serve alcohol — See Ch. 14, Art. I.

Alcoholic beverages — See Ch. 30.

Mobile lunch wagons — See Ch. 273.

Article I Vehicles Used for Food Transportation or Sale

[Adopted as Sec. 19-8 of the 1973 Revised General Ordinances]

§ 203-1 Rules and regulations.

The following rules and regulations shall govern the use of vehicles for the transportation or sale of food products:

A. Whenever any food is transported in a vehicle which is wholly or partly open, it shall be completely screened or covered at all times. The screening or covering shall consist of material which will effectively prevent flies or other insects from alighting around or upon any food.

B. All seafood, meat, poultry and dairy products shall be transported only in refrigerated vehicles and shall remain under refrigeration until the time of sale or delivery. The refrigerated portion of the vehicle shall be maintained at a temperature low enough to completely safeguard the products contained in it to the fullest extent possible.

C. No licensee shall at any time permit any debris, waste material, rotting or unfit produce or merchandise of any kind to remain in or upon his vehicle, unless the same is contained in a leakproof metal container having a properly fitted metal cover on the container.

D. No licensee shall permit any waste materials or parts of produce or any other merchandise to remain on any street, roadway, curb or walk and shall at all times remove any debris that may have fallen from his vehicle so that the same is immediately placed in metal containers, as provided in Subsection C.

E. All sales of merchandise shall, at the time of sale, be placed in bags or other suitable containers.

F. No manufactured foodstuffs, beverages or ice cream and other frozen products as defined in Chapter 10 of Title 24 of the New Jersey Revised Statutes shall be sold on any public street or other public place except in individual wrappers or containers packed and sealed at the place of manufacture.

G. All prepared or manufactured foodstuffs shall come from an approved source; however, any products in containers packed and sealed by a reputable manufacturer shall be considered as coming from an approved source.

§ 203-2 Inspection of vehicles.

Before any vehicle is used for the transportation or sale of food or in connection with any activity for which a license is required from the Township, it shall be inspected by the Health Officer or his agents or employees to ascertain whether it complies with the provisions of this article and all other applicable health regulations. The vehicle shall be reinspected at reasonable intervals and if used in connection with a licensed activity shall in any event be reinspected at the time the license is renewed. No vehicle shall be used for any of the purposes specified herein unless approved by the Health Officer. A written certificate of approval shall be kept in the vehicle at all times and shall be shown to any person who may request to see it.

§ 203-3 Sale of products made in vehicle.

When any food products are processed or manufactured in any vehicle upon a public street or place, the vehicle shall conform to the following requirements:

A. The part of the vehicle where the products are made or sold shall be completely enclosed with some easily cleaned impervious material.

B. The service opening may be screened but all other screening shall be kept to a minimum.

C. The service opening shall be self-closing.

D. A sink and waste tank and at least 30 gallons of hot water under pressure shall be available inside the vehicle. The water shall be drawn from the Township water supply or some other approved source.

Article II Retail Food Establishments

[Adopted as Sec. 19-10 of the 1973 Revised General Ordinances]

§ 203-4 Applicability of state standards.

[Added 1-9-2006 by Ord. No. 38-2005; amended 5-14-2007 by Ord. No. 2007-09]

The provisions of N.J.A.C. 8:24-1 et seq. pertaining to retail food establishments and food beverage vending machines shall be enforced in the Township of Old Bridge.[1]

[1] Editor's Note: Oridinal Sec. 19-10.1, Establishment of code; Sec. 19-10-2, Title; and Sec. 19-10.3, Public record, which previously preceded this section, were deleted 1-9-2006 by Ord. No. 38-2005.

§ 203-5 License required.

[Amended 1-9-2006 by Ord. No. 38-2005; 5-14-2007 by Ord. No. 2007-09]

A. No person shall operate a retail food-handling establishment unless a license or approval of an existing license to operate shall have been issued by the Department of Health. Such license or approval of an existing license shall be posted in a conspicuous place in the establishment.

B. A person conducting an itinerant retail food-handling establishment shall secure a license issued by the Department of Health. Such license or approval of existing license shall be posted in a conspicuous place in the establishment.

§ 203-6 Fees.

[Amended 1-7-1985 by Ord. No. 2-85; 3-25-2002 by Ord. No. 10-02; 9-23-2002 by Ord. No. 46-02; 9-27-2004 by Ord. No. 34-04; 1-9-2006 by Ord. No. 38-2005; 5-14-2007 by Ord. No. 2007-09]

The following shall be the schedule of fees for each retail food establishment:

A. All persons required to be licensed shall pay an annual license fee as follows:

(1) Restaurants:

	Seating Capacity	Fee
	1 to 49	$150
	50 to 99	$250
	100 or greater	$350

(2) Retail food stores other than restaurants:

	Total Square Footage of Establishment	Fee
	0 to 2,500	$100
	2,500 to 5,000	$150
	5,001 to 7,500	$200
	7,501 to 9,999	$250
	10,000 or greater	$350

(3) Mobile vendors:

(a) Units with food preparation: $125.

(b) All food items prepackaged: $100.

(c) Ice cream or ices: $100.

(4) Late fee. All persons who fail to register by January 30 of the license year renewal date will be subject to a late fee of $50.

B. Reinspection. There shall be a fee of $50 for each reinspection which is required as a result of an inspection rating other than satisfactory.

C. Incidental sales. Businesses whose sales of food items are limited solely to the sale of prepackaged food, such as dry goods and other nonperishable items, which is displayed in an area not exceeding 20 square feet shall be exempt from the payment of the fee; if over 20 square feet, refer to square footage fee schedule.

D. Special event food vendor. There shall be a fee of $50 for a special event food vendor license. This fee may be waived by the Township Council for Township-sponsored events upon application to the Township Council for a waiver.

§ 203-7 Renewal; revocation; transfer.

A. A license issued or approved under the provisions of this article shall expire annually on December 31 of each year, and the application for renewal shall be submitted together with the required fee prior to January 1 of each year.

B. A license or approval of license may be suspended or revoked for a violation by the holder of any provision of this article or code after an opportunity for a hearing by the Department of Health and Welfare or its authorized representative.

[Amended 1-9-2006 by Ord. No. 38-2005]

C. A license or approval of a license issued by another Board of Health is not transferable.

§ 203-8 Violations and penalties.

[Amended 1-9-2006 by Ord. No. 38-2005]

Any person who violates any provision of or order promulgated under this article of this Code established herein shall, upon conviction thereof, be liable to a penalty of not less than $50 nor more than $1,000 for each violation. Each day a particular violation continues shall constitute a separate offense.