[HISTORY: Adopted by the Board of Health
of the Township of Montville as indicated in article histories. Amendments
noted where applicable.]
[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)]
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.
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.
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.
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.
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.
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]
All retail food establishments shall comply
with Chapter 24 of the New Jersey State Sanitary Code[1] relating to the construction, operation and maintenance
of retail food establishments, and all violations are hereby declared
to be nuisances hazardous to health.
[1]
Editor's Note: See N.J.A.C. 8:24-1.1 et seq.
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.[1]
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.[2]
D.
A license may be suspended or revoked for a violation
by the holder of any provision of this chapter or Chapter 24 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.[3]
A.
Any person or corporation who violates any provision
of or order promulgated under this article or Chapter 24 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[1]]
B.
Each day that a particular violation continues shall
constitute a separate offense.
