[Added 9-6-1988 by Ord. No. 31; amended 9-13-1990 by Ord. No.
35]
A.
It should be unlawful for any person or any body corporate
to conduct a retail food establishment as defined in and governed
by Chapter XII of the New Jersey State Sanitary Code adopted by this
Sanitary Code of the Borough of Palisades Park (1984) without first
having procured an annual license from the local Board of Health so
to do and without complying with any or all of the provisions concerning
operation and maintenance of the same as contained in the aforementioned
Retail Food Establishment Code of New Jersey (1965).
B.
Any license issued under the terms and provisions
of this article may be suspended by the Board of Health of this municipality
for the violation by the licensees of any provisions of this chapter
or Chapter XII, New Jersey State Sanitary Code, or whenever it shall
appear that the business, trade, calling, profession or occupation
of the person, firm or corporation to whom such license was issued
is conducted in a disorderly or improper manner or in violation of
any law of the United States, the State of New Jersey or any ordinance
of this municipality or that the person or persons conducting the
retail food establishment is of an unfit character to conduct the
same or that the purpose for which the license has been issued is
being abused to the detriment of the public or is being used for a
purpose foreign to that for which the license was issued.
C.
Fees shall be as follows:
[Amended 4-1-1993 by Ord. No. 42; 11-10-1998 by Ord. No.
98-2; 12-16-2002 by Ord. No. 2002-2; 5-9-2006 by Ord. No.
2006-1; 6-10-2008 by Ord. No. 2008-1]
(1)
Restaurants.
Establishments where food or beverages are prepared for service on
the premises and seating is provided, including restaurants, coffee
shops, cafeterias, diners, luncheonettes, soda fountains, taverns
and cocktail lounges:
|
Seating Capacity
|
Annual Fee
| |
|---|---|---|
|
1 to 25
|
$200
| |
|
26 to 49
|
$275
| |
|
50 to 100
|
$350
| |
|
101 to 200
|
$450
| |
|
Over 200
|
$550
|
(2)
Food establishments. Establishments where food or
beverages are prepared, handled, served or provided for consumption
off the premises, in either packaged or nonpackaged form (no seating
provided), including bakeries, meat markets, delicatessens, grocery
stores, fish markets, fruit and vegetable markets, snack bars, retail
establishments and candy counters:
|
Number of Employees
|
Annual Fee
| |
|---|---|---|
|
Less than 5
|
$200
| |
|
5 to 10
|
$275
| |
|
11 to 20
|
$350
| |
|
21 to 30
|
$450
| |
|
31 to 40
|
$550
|
(3)
Temporary.
(a)
Any retail food establishment which operates at a fixed location
for a temporary period of time in connection with a fair, carnival,
circus, public exhibition or similar transitory gathering, including
church suppers, picnics or similar organizational meetings, mobile
retail food establishment (hot dog truck, ice cream truck, vehicles
delivering box lunches, coffee, etc.), as well as agricultural markets:
D.
All licensed fees as set forth in this article shall
be reviewed annually and shall expire on December 31 of the year of
issue. No license fee shall be prorated. The new fee schedule contained
in this article shall take effect immediately upon passage and publication
as required by law.
[Amended 4-1-1993 by Ord. No. 42; 11-10-1998 by Ord. No.
98-2; 12-16-2002 by Ord. No. 2002-2; 5-9-2006 by Ord. No.
2006-1; 6-10-2008 by Ord. No. 2008-1]
E.
Any person or persons, corporation, partnership or
anyone who violates any section or part of this article, upon conviction,
shall be fined for each first offense a penalty of $600; for each
second offense a penalty of $800; for each third and every subsequent
offense a penalty of $1,000. Every day the violation is in existence
shall constitute a separate violation or offense.
[Amended 11-10-1998 by Ord. No. 98-2; 12-16-2002 by Ord. No.
2002-2; 5-9-2006 by Ord. No. 2006-1; 6-10-2008 by Ord. No.
2008-1]
[Amended 4-1-1992 by Ord. No. 42; 5-12-1994 by Ord. No. 45; 4-11-1996 by Ord. No. 96-1; 11-10-1998 by Ord. No.
98-2; 11-13-2001 by Ord. No. 2001-3; 12-16-2002 by Ord. No.
2002-2; 5-9-2006 by Ord. No. 2006-1; 6-10-2008 by Ord. No.
2008-1]
The following other annual fees, permits and
licenses are hereby established for payment by the permittee or licensee:
A.
Plan review (all establishments): $175.
B.
Pet shops, kennels, shelters or pounds: $325.
C.
Public swimming pool: $350.
D.
Septic tank construction: $525.
E.
Cleaning of septic tank: $150.
F.
Portable or chemical toilet: $75.
G.
Motel or hotel: $600.
H.
Nursery school or day nursery: $150.
I.
Animal hospital: $250.
J.
Massage therapist: $250.
K.
The fee for a food handler card is here fixed at $45,
establishments within the Borough $40 for two or more employees from
the same establishment within the Borough and $50 for employees of
food establishments outside the Borough.
L.
Late fees on or after February 1 (all establishments):
double.
M.
Reinspection fees.
(1)
Whenever, upon inspection, any licensee, facility or entity licensed under Chapter 315 of the Code of the Borough of Palisades Park or listed in the Sanitary Code of the Palisades Park Board of Health or any licensee, facility or establishment defined in N.J.A.C. 8:24 (Retail Food Establishments) is issued an unsatisfactory or a conditional satisfactory rating by the local health authority which requires a reinspection, a reinspection fee of $150 shall be paid directly to the Board of Health.
(2)
Said fee shall be paid by the owner, owners, managers,
management agency or operator of any aforementioned licensee, facility
or entity listed above directly to the Board of Health within seven
business days of notice of an unsatisfactory or conditional satisfactory
rating.
(3)
The Health Officer, or his designee, shall deposit
said fee into a bank account maintained for the collection of said
fees.
(4)
The Health Officer, at his discretion, shall have
the authority to suspend or revoke the imposition of said fee for
good cause.
(5)
Any and all other applicable provisions and regulations,
inclusive of penalties, shall also apply.
N.
Supermarkets
and food warehouses, maximum selling area, 5,000 square feet: $525;
each additional 250 square feet: $175; maximum fee: $1,100.
All fees required to be paid or paid under the
terms hereof are intended to be annual fees but, when paid, shall
cover only the balance of the calendar year during which the same
are so paid or payable, unless otherwise herein provided.
It is intended that the terms "license" and
"permit," wherever used herein, be synonymous if, in the interpretation
of any part hereof, such synonym is required to carry out the manifest
intent and purpose of this code.
All applications for any license or permit may
be withheld at the direction of the Board pending examination, investigation
or inspection of the person who or the premises which may be the subject
matter of the license or permit under consideration.
All licenses or permits issued under any of
the several articles of this code shall be valid only for the balance
of the licensing year in which they are issued, unless otherwise herein
provided, except that a new license or permit issued in December shall
be issued for that month and the following year. The licensing year
shall run from January 1 until December 31 of the same year. No license
or permit shall be transferable or assignable.
The Board shall evidence the granting of any
license or permit issued by furnishing to the licensee or permittee
a suitable card, sign, placard, disc, plate or writing which shall
convey information concerning the nature of such license or permit,
the serial number of the same, the name of the person to whom the
same has been issued, the year in which the same is so issued, the
premises or vehicle so licensed, if that is material or required,
and such other information as the Board may deem pertinent.
Every license or permit issued by the Board
shall be displayed in a conspicuous place in the establishment, premises
or other place for which the same is issued and shall likewise be
so displayed on every vehicle or conveyance so licensed for the period
that said license or permit shall be in force, unless the Board shall
otherwise prescribe.
A.
Every license or permit issued hereunder may, at any
time during the term for which the same is so issued, be suspended
by the Board or, in an emergency, by its Health Officer pending a
hearing to be granted the holder thereof pursuant to a notice to show
cause why said license or permit should not be suspended further or
revoked by the Board.
B.
No such license or permit shall be suspended unless
the Health Officer shall file with the Board a complaint or charges
evidencing one or more violations of the section hereof under which
said license or permit was originally issued or one or more violations
of the New Jersey State Sanitary Code or other applicable statutes
or regulations.
C.
Every suspension ordered under this section shall
automatically terminate two weeks from the date thereof, unless the
continuance of such suspension shall be ordered by the Board for good
cause, and then such suspension shall continue only during the period
of any such continuance so ordered by the Board.
D.
During the period of any such suspension or ordered
continuance thereof, every license or permit so suspended shall be
ineffective, and the holder thereof shall, during the entire period
of such suspension, cease the operation of any business or discontinue
every activity or use permitted under the license or permit suspended.
E.
Any person whose license has been suspended may, at
any time, make application for a reinspection for the purpose of reinstatement
of the license. Within 10 days following receipt of a written request,
including a statement signed by the applicant that, in his or her
opinion, the conditions causing suspension of the license have been
corrected, the Health Officer shall make a reinspection. If the applicant
is complying with the requirements of this code and of the New Jersey
State Sanitary Code or other applicable statutes or regulations and
has paid the requisite reinstatement fee, the license shall be reinstated.
A.
Any license or permit issued under the provisions
of this code may be revoked at any time by the Board for just cause
or if the licensee or permittee or any of the employees, agents or
servants of said licensee or permittee shall violate:
(1)
Any of the provisions of this code or any amendments
hereof or supplements hereto.
(2)
The Sanitary Code of the Department of Health of the
State of New Jersey, specifically applicable to the subject matter
for or upon which said license or permit was issued.
(3)
Applicable state statutes, rules or regulations.
B.
Before any license or permit may be revoked, the Health
Officer shall notify the license holder in writing, stating the reasons
for which the license is subject to revocation and advising that the
license shall be permanently revoked at the end of five days following
service of such notice unless a written request for a hearing is filed
with the Health Officer by the license holder within such five-day
period.
C.
A license may be suspended for cause pending its revocation
or a hearing relative thereto.
D.
The time and place for such hearing shall be fixed
at the discretion of the Board; provided however, that an unreasonable
time shall not be permitted to elapse between the date fixed for revocation
and the hearing.
E.
Notice of the time and place of any hearing held under
this section shall be given by the Board to the holder of the license
or permit so involved in writing and served either personally or sent
to the applicant by registered mail addressed to him at the address
stated in the license or permit or by posting the notice on the premises,
either on or near the main entrance door. If there is more than one
entrance door, the notice shall be posted on the one which, in the
discretion of the Health Officer, is used by the general public.
F.
A licensee or permittee who fails to appear at the
time and place fixed for such hearing shall not be entitled to any
further hearing, and in that event the license or permit may, as a
matter of course, be forthwith revoked.
G.
The Board of Health, after a formal hearing, may order
the license restored, issue a conditional license or revoke the license
pending full compliance with all applicable codes and statutes.
The Health Officer, as a result of any conditional
or unsatisfactory inspection report or other field inspection documenting
serious code violations, may ask the holder of a license or permit
to attend an informal hearing with the Health Officer and one or more
sanitary inspectors. At the informal hearing, the parties shall discuss
the health-related problems in the establishment, actions necessary
to correct said problems and a reasonable time schedule for completion.
The Health Officer shall make a narrative record of the hearing, which
shall be the basis for a proposed consent agreement listing the deficiencies,
corrections needed and time schedule for completion. Refusal to attend
an informal hearing or sign a consent agreement may result in a notice
to show cause pursuant to this code.
Upon notice of suspension or revocation and
a request by the license or permit holder, the Board shall schedule
a formal hearing. The Board as a whole shall function as the hearing
officer, and testimony shall be offered by the Health Officer and
sanitary inspector and by the license or permit holder and any employee.
An attorney may be present to represent the license or permit holder.
A verbal record shall be taken on tape.
The Board may issue a conditional license after
a formal hearing or at the time a new license or renewal is sought.
The conditional license shall be for a specified time period, during
which the license or permit holder shall meet the conditions set forth
by the Board in a manner satisfactory to the Health Officer. Upon
expiration of the conditional license, the license holder shall cease
operations unless the Board has extended the conditional license or
granted a regular license or permit.
A.
Whenever any cost or expense is incurred by the Borough
as a result of the Board of Health's, or its agents' or employees'
abating or removing or causing to be abated or removed any nuisance
or unsanitary or unhealthy condition, such costs and expenses may
be recovered in the following manner:
(1)
In all cases where practical and permitted by law,
such costs shall be certified to the Division of Tax Assessments and
shall be a part of the taxes next assessed upon the premises on which
the nuisance or unsanitary or unhealthy condition was located.
B.
Regardless of how costs are actually recovered, they
shall be in addition to and shall not affect the imposition of any
penalties for the violation of this article.
