By the end of January, more than 40 percent of the 158 food establishments in the township of Lyndhurst were without a valid 2008 license as authorized by the health department. These include the multitude of food establishments ranging from mobile restaurants and delis to donut shops and sit down restaurants. By last month, 15 still had not answered the call to renew. Last week, the number still stood at six. They are now over two months expired on their licenses.
It may sound trivial, knowing that the same establishments were licensed the year before and the township has a record of their presence and operations, but officials said the delinquency itself strains health department services.
Health Administrator Joyce Jacobson has put businesses on alert: licenses that have not been renewed will soon receive summonses and that will mean a court date. If they pay before a summons is delivered, the summons will be waived. If not, an undesirable court ruling could give the township the ultimate power to shut them down if they refuse to comply.
"It really isn’t a so much the problem that they are not renewed that is at issue because we have them on record as being previously licensed and we know they’re there," said Jacobson. "The problem is the delinquency in them renewing because it seems to me, it costs the township money and time that should be spent elsewhere. We’re making calls, the inspector is going to these places more frequently; it’s very unnecessary."
Jacobson said Lyndhurst pays approximately $65,000 a year to contract with Bergen County for inspector Alan Dondero who she said is already stretched thin with keeping oversight on the mass amounts of licensees in the township. Lyndhurst previously had a two-day-a-week inspector, but the service was bolstered last year due to the number of complaints and food establishment inspections that needed following up on. At this time, she said, when delinquencies persist, funds are not generated by the license renewals to boost Dondero’s hours and subsidize his services. Furthermore, she said he must pay more attention to those not renewed, fearing they are putting off the renewal to mask possible violations. In turn, he must visit them more frequently, taking away from the other restaurants out there operating without oversight.
"I made about 50 calls this month," said Annette Mazure, the township’s health registrar. "If they have a restaurant, they should be following up, it shouldn’t be our job to extend the courtesy that we have been."
Lyndhurst officials report most of the food establishments town-wide are consistently in good sanitary condition, but last year, nine restaurants received more than two conditional inspections, meaning there were repetitive health violations. Some were for violations as serious as spoiled meat and roaches.
The licenses don’t only give towns more oversight, but the town does rely on the license revenue to see that the oversight is capable. Lyndhurst took in nearly $40,000 in revenue between food establishment licensing and vital statistics last year, and much of that is used to support the Bergen County contract.
In Lyndhurst, establishments with whirlpools, commercial pools, Laundromats and even multi-dwelling buildings with coin operated machines are licensed by the health department and that adds to Dondero’s workload. There are also the dog and cat licenses, massage parlors and soon, cosmetic makeup will be under the department’s radar.
The township is not unique in its stance that the licensing is essential for public health, but some other local towns say they aren’t so lenient in giving "grace periods" on the renewals.
In neighboring Rutherford for instance, Brian O’Keefe, the borough’s health administrator said all 113 borough food establishments had been renewed by Jan. 1, and that is something rather consistent on an annual basis. O’Keefe said the revenue from the licenses is a good chunk of the financing to kick-start essential regulation at the beginning of the calendar year, so the borough is very persistent in making sure the renewals are complete by the first of the year. This year, approximately $22,000 has been generated from those licenses alone.
"We’re not babysitters, but we don’t ambush these places," said O’Keefe. "On Dec. 1, we send out a letter and then give them two weeks and make a follow-up call if they haven’t replied. It only makes sense for them. Would you rather pay a fine of $50 up to $1000 a day, or pay $200 to $300 for a license?"
Regina Civile Guillen, North Arlington’s health administrator, said they do not have any outstanding renewals from the borough’s 88 food establishments, but said a few are operating under a temporary license until they finish mandated food handling courses.
"It [licensing] is not an issue at this point," said Civile Guillen. "It’s important for us to keep on top of them and have them licensed under us for the health of the people. We need to make sure everything is run properly and they are meeting all our health requirements."
Licensing of food establishments, however, does have its loopholes. Although a food establishment must seek out a license before getting approval to open, there are those that aren’t stationary; these are your mobile stands such as lunch wagons, hot dog stands and ice cream trucks.
