Township of Montville, NJ
Morris County
[HISTORY: Adopted by the Board of Health of the Township of Montville as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES

Fee schedule — See Ch. 169.

Outdoor cafes — See Ch. 230, § 230-130C.

Nuisance defined — See Ch. 287, § 287-5.

Food service establishment recycling of grease — See Ch. 317, § 317-9D.

ARTICLE I
Vending Machines (§ 419-1 — § 419-7) 

ARTICLE II
Retail Food Establishments (§ 419-8 — § 419-10) 

[Adopted by BOH Ord. No. 1999-1 as Ch. 17.16 of the 1998 Code; amended in its entirety at time of adoption of Code (see Ch. 405, General Provisions, Board of Health, Art. I)]

§ 419-1
Applicability of state standards 

§ 419-2
Permit and license requirements. 

§ 419-3
Permit and license fees; expiration date. 

§ 419-4
Application for and issuance of permits and licenses. 

§ 419-5
Suspension, revocation and reinstatement. 

§ 419-6
Interstate commerce. 

§ 419-7
Violations and penalties. 

§ 419-1 Applicability of state standards

The provisions of N.J.A.C. 8:24-1.1 et seq. pertaining to retail food establishments and food and beverage vending machines shall be enforced in the Township of Montville by the Board of Health.

§ 419-2 Permit and license requirements.

It shall be unlawful for any person, whether as principal or agent, clerk or employee, either for himself or any other person, or for any body corporate, or as an officer of any corporation or otherwise, to:

A. 

Engage in the operation of one or more machines or devices offered for public use which, upon insertion of a coin, coins or token or by other means, dispense unit servings of food or beverages, either in bulk or package, without the necessity of replenishing the devices between each vending operation, without first having applied to and procured a permit from the Board of Health of this municipality so to do, or without complying with any and all of the provisions of N.J.A.C. 8:24-1.1 et seq.

B. 

Maintain or permit to be maintained on or in any location in this municipality one or more machines or devices offered for public use which, upon insertion of a coin, coins or token or by other means, dispense unit serving of food or beverages, either in bulk or package, without the necessity of replenishing the devices between each vending operation, without first having applied to and procured a license for each such machine or device from the Board of Health of this municipality, or without complying with any and all of the provisions of N.J.A.C. 8:24-1.1 et seq.

§ 419-3 Permit and license fees; expiration date.

A. 

The fees for permits and licenses as required by § 419-2 above, for the purpose of raising revenue, for regulation and control, to be paid annually to this municipality, are hereby fixed as set forth in Chapter 169, Fee Schedule.

B. 

All permits and licenses issued under authority of this article shall expire on the 31st day of December each year.

C. 

Permit and license fees shall be paid to the Board of Health.

§ 419-4 Application for and issuance of permits and licenses.

Application for and issuance of the permits and licenses referred to in § 419-2 above shall be made in conformity with the provisions of N.J.A.C. 8:24-1.1 et seq. Such permits and licenses are not transferable.

§ 419-5 Suspension, revocation and reinstatement.

Permits and licenses issued under authority of this article may be suspended, revoked or reinstated by the Board of Health of this municipality pursuant to the provisions of N.J.A.C. 8:24-1.1 et seq.

§ 419-6 Interstate commerce.

No provision of this article shall be applied so as to impose any unlawful burden on either interstate commerce or any activity of the state or federal government.

§ 419-7 Violations and penalties.

A. 

Any person, firm or corporation violating any of the provisions of this article or any person or corporation who violates any provision of or order promulgated under this article or the regulations established herein shall be, upon conviction, punished by a fine of not less than $50 nor more than $1,000 for each violation.

B. 

Each day that a particular violation continues shall constitute a separate offense.

[Adopted by BOH Ord. No. 1999-1 as Ch. 17.32 of the 1998 Code]

§ 419-8
Compliance with state standards. 

§ 419-9
License requirements and fees. 

§ 419-10
Violations and penalties. 

§ 419-8 Compliance with state standards.

All retail food establishments shall comply with Chapter 12 of the New Jersey State Sanitary Code

Editor's Note: See N.J.A.C. 8:24-1.1 et seq.
relating to the construction, operation and maintenance of retail food establishments, and all violations are hereby declared to be nuisances hazardous to health.

§ 419-9 License requirements and fees.

A. 

No person shall operate a retail food-handling establishment, including but not limited to each restaurant, store or mobile or outdoor food-vending vehicle or establishment, without first having obtained an appropriate retail food license or appropriate retail food licenses from the Board of Health in such form or forms as the Board or its authorized representative may from time to time issue. Such license or licenses shall be posted in a conspicuous place in such establishment.

B. 

There shall be a charge as set forth in Chapter 169, Fee Schedule, for each new license applied for. Changes in ownership or licenses which lapse for one year or more shall be considered new. There shall be a charge as set forth in Chapter 169 for the annual renewal of such licenses. The charge for temporary licenses valid for a maximum of 10 days shall be as set forth in Chapter 169.

Editor's Note: Amended at time of adoption of Code (see Ch. 405, General Provisions, Board of Health, Art. I).

C. 

All such licenses shall expire annually on June 30 of each year, except for temporary licenses, which are valid for a maximum of 10 days. Application for renewal of any license shall be submitted, together with the required fee, on or before June 1 of each year. A renewal application submitted after June 30 shall be assessed an additional late fee charge as set forth in Chapter 169.

Editor's Note: Amended at time of adoption of Code (see Ch. 405, General Provisions, Board of Health, Art. I).

D. 

A license may be suspended or revoked for a violation by the holder of any provision of this chapter or Chapter 12 of the State Sanitary Code, after an opportunity for a hearing by the Board or its authorized representative.

E. 

No such license shall be transferable.

F. 

In addition to the license fee set forth in Subsection B above, an applicant for any facility in which food is prepared or any nonprepackaged ready-to-eat food is offered for sale or consumption, except for temporary food and drink license applicants, shall deposit a refundable education training fee as set forth in Chapter 169. This fee shall be refunded to the applicant after attendance by a representative of the subject facility at the annual food handlers' education seminar provided by the Montville Township Health Department or satisfactory proof of attendance at an approved alternate course. If an applicant fails to attend such regularly scheduled food handlers' education seminar or an approved alternate course, such fee shall be applied towards the cost of a specially scheduled food handlers' education seminar requested by the applicant or shall be otherwise forfeited by the applicant.

Editor's Note: Amended at time of adoption of Code (see Ch. 405, General Provisions, Board of Health, Art. I).

§ 419-10 Violations and penalties.

A. 

Any person or corporation who violates any provision of or order promulgated under this article or Chapter 12 of the New Jersey State Sanitary Code shall be fined, upon conviction, not less than $50 nor more than $1,000 for each violation.

[Amended 2-28-2006 by Ord. No. 2006-09
Editor's Note: Amended at time of adoption of Code (see Ch. 405, General Provisions, Board of Health, Art. I).
]

B. 

Each day that a particular violation continues shall constitute a separate offense.