It shall be unlawful for any person or any body
corporate to conduct a retail food establishment as defined in and
governed by the Retail Food Establishment Code of New Jersey 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.
[1]
Editor's Note: Ord. No. 464 enacting this
chapter was adopted by the Township Committee as an amendment and
supplement to the Sanitary Code of the Township of Rochelle Park,
which was adopted by the Board of Health on April 27, 1931. The Sanitary
Code is outdated in many respects and has not been included in this
volume. However, it is on file in the office of the Board of Health.
[Amended 5-5-1986 by Ord. No. 519; 12-27-1989 by Ord. No. 582; 10-16-1996 by Ord. No.
737; 7-16-2003 by Ord. No. 888-03; 8-18-2010 by Ord. No.
1020-10; 11-10-2010 by Ord. No. 1026-10]
The annual fees for licensing of retail food
establishments and other businesses subject to regulation by the Board
of Health are hereby fixed as follows:
A.Â
Restaurants, luncheonettes, etc.
Class
|
Seating Capacity
|
Annual Fee
|
---|---|---|
Class I
|
1 to 50
|
$210
|
Class II
|
51 to 100
|
$270
|
Class III
|
101 to 200
|
$360
|
Class IV
|
Over 200
|
$420
|
B.Â
Miscellaneous businesses.
Business
|
Annual Fee
| ||
---|---|---|---|
Single food handling, retail
|
$150
| ||
Single food handling, nonprocessing
|
$110
| ||
Taverns, no food service
|
$50
| ||
Delicatessens
|
$250
| ||
Confectionery stores
|
$125
| ||
Soda fountains, snack bars, stands, no seats
|
$125
| ||
Milk license, per truck
|
$100
| ||
Milk handler's permit, per store
|
$50
| ||
Mobile food vendors
|
$75
| ||
Food processing, commercial or wholesale
|
$500
| ||
Supermarkets
|
$800
| ||
Cafeterias
|
$150
| ||
Cards, gift and drug stores with packaged candy
|
$100
| ||
Barbershops and beauty parlors or salons
|
$125
| ||
Laundromats and cleaners
| |||
Laundries, fee for inspection of plan
|
$100
| ||
Licensing fee for laundry and/or cleaners
|
$200
| ||
Fruits and vegetables
|
$150
| ||
Pet stores
|
$250
| ||
All vending machines
| |||
  First vending machine
|
$100
| ||
  Each additional machine
|
$50
| ||
Catering kitchens
|
$200
| ||
Bakeries
|
$200
| ||
Ice machines
|
$50
| ||
Refuse-rendering vehicle
|
$100
| ||
Masseur, per operator
|
$200
| ||
Nursery school or boarding-house
|
$300
| ||
Maternity house
|
$300
| ||
Nursing and/or convalescent home
|
$350
| ||
Butchers
|
$200
| ||
Tanning salons
|
$200
| ||
Tattooing parlors or studios
|
$750
| ||
Body-piercing parlors or studios
|
$750
| ||
Combination tattooing parlor and body-piercing parlor
|
$1,000
|
[Amended 7-16-2003 by Ord. No. 888-03]
A.Â
Any business which is set forth herein and which must
obtain a license from the Board of Health and pay an annual fee shall
obtain its initial license within 10 days of the issuance of a final
certificate of occupancy from the Building Department. No business
shall be permitted to operate until such license is obtained from
the Board of Health.
B.Â
The annual fee shall be due and payable, in full,
for the initial year of operation regardless of the date on which
the license is issued. The annual fee shall not be prorated. Should
the licensee or prospective licensee fail to obtain the designated
license enumerated, there shall be a late fee for said license representing
25% per month of the annual fee. Each month or any part thereof which
expires before payment of said fee shall be considered a separate
period for the 25% late fee.
C.Â
The provisions of this section may be enforced by
the Board of Health or the Office of the Township Administrator or
the Office of the Township Clerk. In the event that a summons is issued
for violation of this section, the enforcing authority shall immediately
advise the Building Department of the lack of compliance and the issuance
of a summons. The Building Department shall then take any and all
action appropriate pursuant to local or state law.
[Amended 12-27-1989 by Ord. No. 582; 2-16-2005 by Ord. No. 920-05; 8-18-2010 by Ord. No.
1020-10]
The Board of Health fees shall be as follows:
[Added 12-27-1989 by Ord. No. 582; amended 8-18-2010 by Ord. No. 1020-10]
The following fees shall be established for
public bathing places:
A.Â
Any license issued under the terms and provisions
of this chapter may be suspended or revoked by the Board of Health
of this municipality for the violation by the licensee of any provision
of this chapter or the Retail Food Establishment Code of New Jersey
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 that the license is
being used for a purpose foreign to that for which the license was
issued.
B.Â
A license issued under the terms and provisions of
this chapter shall not be revoked, canceled or suspended until a hearing
thereon shall have been had by the Board of Health. Written notice
of the time and place of such hearing shall be served upon the licensee
at least three days prior to the date set for such hearing. Such notice
shall also contain a brief statement of the grounds to be relied upon
for revoking, canceling or suspending such license. Notice may be
given either by personal delivery thereof to the person to be notified
or by depositing the same in the United States Postal Service in a
sealed envelope, postage prepaid, addressed to such person to be notified
at the business address appearing upon such license. At the hearing
before the Board of Health, the person aggrieved shall have an opportunity
to answer and may thereafter be heard, and upon due consideration
and deliberation by the Board of Health, the complaint may be dismissed,
or if the Board of Health concludes that the charges have been sustained
and substantiated, it may revoke, cancel or suspend the license held
by the licensee.
C.Â
If such license shall have been 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 Township unless the application for such license shall
be approved by the Board of Health.
No provision of this chapter shall be applied
so as to impose any unlawful burden on either interstate commerce
or any activity of the state or federal government.
[Amended 5-5-1986 by Ord. No. 519]
Any person, firm or corporation who shall violate
any of the provisions of this chapter shall, upon conviction, be punished
by a fine of not to exceed $500 or by imprisonment in the county jail
for a period of not to exceed 90 days, or by both such fine and imprisonment,
and each violation of any of the provisions of this chapter and each
day the same is violated shall be deemed and taken to be a separate
and distinct offense.