[Adopted 9-1-1981 as Art. VIII of Board of Health Ord. No. 1-1981]
[Amended 9-18-1995 by Board of Health Ord. No. 2-1995; 5-19-1997 by Board of Health Ord. No. 3-1997]
A.
License required. It shall be unlawful for any person or any body corporate to conduct a retail food establishment or to engage in operating one or more vending machines, as defined in and governed by Chapter 12 of the New Jersey State Sanitary Code, without first having procured a license from the Board of Health to do so and without complying with any and all of the provisions concerning the operation and maintenance of the same as contained in the aforementioned Chapter 12 of the New Jersey State Sanitary Code and the Code of the Township of East Hanover.
B.
Submission of plans required. Whenever a retail food
establishment is constructed or renovated, and whenever a structure
is converted to use as a retail food establishment or alterations
or other changes in the operation are made that in the opinion of
the Health Officer will change the nature of the operation, plans
and specifications for the establishment must be submitted to the
Health Department for review and approval before construction, renovation
or conversion is begun.
C.
Contents of the plans and specifications. The plans
and specifications for a retail food establishment shall include,
as required by the Health Officer based on the type of operation,
type of food preparation and foods prepared, the following information:
(1)
Intended menu.
(2)
Anticipated volume of food to be stored, prepared
and sold or served.
(3)
Proposed layout, mechanical schematics, construction
materials and finish materials. The layout shall be drawn to a scale
of 1/4 inch equals one foot and shall be signed and sealed by a New
Jersey licensed architect or engineer.
(4)
Proposed equipment types, manufacturers, model numbers,
locations, dimensions, performance capacities and installation specifications.
(5)
Written standard operating procedures that reflect
a knowledge of general food safety and the establishment's ability
to implement state and local food safety regulations, including indication
of how practices ensure that transmission of disease is prevented;
food is received from an approved source; food is stored, prepared
and transported properly; potentially hazardous foods are properly
maintained; effective warewashing is conducted; and proper records
are maintained.
(6)
Proposed program of training for supervisory personnel
and food handlers.
(7)
Any other information that may be required by the
Health Officer for the proper review of the proposed construction,
renovation, conversion or alteration.
D.
Plan approval.
[Added 6-15-1998 by Board of Health Ord. No. 1-1998]
(1)
The Health Officer shall examine or cause to be examined
all applications for approval to construct or renovate a retail food
establishment and approve or deny, in whole or in part, the application
within 30 days of the date of submission. If the application is denied
in whole or in part, the Health Officer shall set forth the reasons
therefor in writing. If the application is approved, the Health Officer
shall provide the applicant with a written letter of approval.
(2)
Any approval for construction or renovation of a retail
food establishment shall become invalid if the authorized work is
not commenced within 12 months after the issuance of the approval
or if the authorized work is suspended or abandoned for a period of
six months after the time of commencing the work.
(3)
The Health Officer may revoke an approval for the
construction or renovation of a retail food establishment for any
false statement or misrepresentation of fact in the application or
on the plans on which the approval was based.
(4)
The Health Officer shall be notified of the start
of construction or renovation work at the retail food establishment
at least 24 hours in advance.
[Amended 8-15-1983 by Board of Health Ord. No.
3-1983; 10-16-1989 by Board of Health Ord. No. 4-1989; 9-17-2001 by Board of Health Ord. No. 1-2001]
A.
MOBILE RETAIL FOOD VENDOR
TEMPORARY LOCATION
(1)
For the purposes of this section, certain terms are
defined as follows:
Any movable restaurant, truck, van, trailer, cart or other
movable conveyance, including hand- carried or portable containers
in which food or beverage is transported, stored or prepared for retail
sale or given away at temporary locations.
Any locations on public or private property which the mobile
retail food vending equipment occupies or where the mobile retail
food vendor conducts business in any manner for a total cumulative
time period of no more than one hour in any twenty-four-hour period,
commencing at 12:00 midnight. Any interruption or removal of equipment
and/or of the vendor during any twenty-four-hour period shall not
constitute the commencement of a new one hour period.
Notwithstanding the above, a mobile retail food
vendor may conduct business for a total accumulated time period of
up to six hours per day at Lurker Park, Sommers Park and/or Dean D'Ambola
Park with the written permission of the Town Council or the person
or organization duly authorized by the Council having jurisdiction
over the park. Said permission may be withdrawn with or without cause
at any time and in the sole discretion of the Town Council or its
duly authorized representative. In addition to any other requirements
under this section, a mobile food vendor who wishes to operate more
than one hour per day at one of the above parks must also meet the
following conditions:
B.
An applicant for a mobile retail food vendor's
license must provide to the Board of Health an affidavit setting forth
the need of this type of service, approximate duration of time, the
days of the week of the anticipated service, exact location and name
or trade name of the applicant. Where the location is to be on public
property, the Town Council or the person or organization duly authorized
by the Council having jurisdiction over the property is to make the
affidavit. Where the location is on private property, the property
owner is to make the affidavit.
C.
Mobile retail food vendors may not conduct business
on any public access street in the township. Mobile retail food vendors
shall not dispense food or beverage within 500 feet of any other food
establishment. Cleanup and removal of litter generated by the mobile
retail food vendor shall be the responsibility of the mobile retail
food vendor and shall be a condition of any license conveyed to said
vendor.
D.
Frozen dessert vendors and established milk routes
are excluded from this section.
[Added 9-18-1995 by Board of Health Ord. No. 2-1995[1]]
It shall be unlawful for any vending machine
to contain for sale or distribution any tobacco or tobacco related
products.
[1]
Editor's Note: Former § 186-7,
Food vending vehicles, was repealed 8-15-1983 by Board of Health Ord.
No. 3-1983.
Food vending vehicles dispensing ice cream,
soft drinks or food shall not conduct business between the hours of
9:00 p.m. and 6:00 a.m.
[Amended 10-15-1990 by Board of Health Ord. No. 1-1990; 9-18-1995 by Board of Health Ord. No. 2-1995]
Every license issued or approved under the provision
of this article shall expire on December 31 of the year of its issue,
with the exception of temporary licenses, and an application for renewal
thereof shall be submitted, together with the required fee, at least
10 days prior to December 31 of each year. Establishments which fail
to submit an application before December 31 will be subject to a late
fee of $50. Establishments operating without a valid license will
also be subject to immediate closure. A temporary license shall expire
seven days after its issue.
A.
The fees for licensure of retail food establishments
and vending machines are hereby fixed as follows:
[Amended 10-15-1990 by Board of Health Ord. No. 2-1990; 9-18-1995 by Board of Health Ord. No. 2-1995]
(1)
For retail food establishments other than retail eating
or drinking establishments or other places where food is served, for
each 5,000 square feet of floor space or fraction thereof, including
storage areas, see Appendix A, Fee Schedule, at the end of Part III
of the Code.[1]
(2)
For retail eating, drinking or other establishments
where food or drinks are served, the license fee shall be computed
on the seating capacity of the establishment. See Appendix A, Fee
Schedule, at the end of Part III of the Code.[2] For the purposes of computing the license fee under this Subsection A(2), "seating capacity" shall mean the total number of chairs, stools or other similar individual units as hereinafter described. When benches are used or standing space is offered at a bar or counter, each 20 inches of linear length of said bench, bar or counter shall be counted as one seat; each stall or parking space for automobiles where food is served, commonly called "curb service," etc., shall be counted as one seat.
(6)
For vending machines, the license fees shall be at
the rate of $0.50 per penny calculated at the highest denomination
of money required in said machine, provided that there shall be a
maximum fee of $50 for any machine. Each machine having a separate
money slot shall be individually licensed.
B.
Notwithstanding anything to the contrary contained
in this section, no fee shall be charged for a license when the same
is issued to a hospital, church, school or any nonprofit organization,
society or group.
C.
The fees for a reinspection necessitated by a conditional satisfactory or unsatisfactory rating given at an initial inspection of a retail food establishment shall be in the amount of the original license fee established for the premises in § 79-15. The fees for a reinspection necessitated by a second conditional satisfactory or unsatisfactory rating given in the same calendar year or a second consecutive conditional satisfactory or unsatisfactory rating, regardless of year, shall be in the amount of twice the original license fee established for the premises.
[Added 3-15-1993 by Board of Health Ord. No.
1-1993]
Any license issued pursuant to this article
may be suspended or revoked by the Board of Health if:
A.
The licensee has violated any provision of this article or Chapter 12 of the New Jersey State Sanitary Code;
B.
The business, trade, calling or occupation of the
person to whom the license was issued is conducted in a disorderly
or in an improper manner or in violation of any state or federal law
or any ordinance of the Township of East Hanover;
C.
The person or persons conducting the retail food establishment
is of an unfit character to conduct the same;
D.
The purpose for which the license was issued is abused
to the detriment of the public health; or
E.
The license is being used for a purpose foreign to
that for which the license was issued.
[Amended 5-19-1997 by Board of Health Ord. No. 3-1997]
A.
The Health Officer may suspend a license granted pursuant
to this article when, in the opinion of the Health Officer, conditions
of the licensed establishment are such that continued operation of
the establishment poses an imminent threat to the health of the public
or patrons of the establishment. The Health Officer shall restore
the license of the establishment upon verification that the conditions
causing the suspension have been abated. The Health Department shall
conduct an inspection to verify abatement of conditions within 72
hours of receiving notification from the licensee that the conditions
causing the suspension have been abated.
A.
Written notice of the time and place of the hearing
with respect to the proposed suspension or revocation of the license
issued pursuant to this article shall contain a brief statement of
grounds for the proposed suspension or revocation.
B.
Such notice shall be served upon the licensee at least
three days prior to the date set for such hearing.
A.
At the hearing before the Board of Health with respect
to the proposed suspension or revocation of license, the person to
whom the notice is directed shall be given an opportunity to answer
and to be heard.
B.
After due consideration and deliberation, the Board
of Health may dismiss the complaint or, if it concludes that the charges
have been substantiated, may suspend or revoke the license.
If any license issued pursuant to this article
shall be 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 of East Hanover
unless the application for such license shall be approved by the Board
of Health.
