[HISTORY: Adopted by the Borough Council of the Borough of
Eatontown 8-10-2011 by Ord. No. 12-2011. Amendments noted where applicable.]
A code regulating retail food establishments and fixing penalties
for violations is hereby established pursuant to Revised Statutes
26:3-69.1 to 69.6 and Revised Statutes 26:3-92 and 26:3-93. A copy
of the said code is with the County Board of Health and with the local
Clerk's office and is incorporated and annexed hereto.[1]
[1]
Editor's Note: Said code is on file in the Borough offices.
The code established and adopted by this chapter is commonly
known as the "Chapter 24-Sanitation in Retail Food Establishments
and Food and Beverage Vending Machines," New Jersey State Sanitary
Code.
Copies of said Chapter 24-Sanitation in Retail Food Establishments
and Food and Beverage Vending Machines, New Jersey State Sanitary
Code, have been placed on file in the Office of the local Health Board
or municipal Clerk's office and with the Monmouth County Board
of Health upon the introduction of this chapter and will remain on
file there until final action is taken on this chapter for the use
and examination of the public.
The Monmouth County Board of Health per an agreement entered
into between the Borough of Eatontown and the Monmouth County Board
of Health, its agents or employees, including, but not limited to,
its Health Officer, shall have the right of entry, at any reasonable
hour, into and upon any public or private building, or premises for
the purpose of enforcing the provisions of such Code and of this chapter,
or determining whether such provisions or the rules and regulations
of the Monmouth County Board of Health and the Borough of Eatontown
are being complied with and obeyed. No person shall oppose such entry
or hinder or interfere with the Monmouth County Board of Health or
any of its agents or employees, or Health Officer, all as aforesaid,
in the performance of their duties.
The Borough of Eatontown hereby declares that it shall be unlawful
for any person, firm or corporation to conduct or engage in the operation
of a food or beverage vending machine without having obtained a health
license. All food and beverage vending machine licenses shall commence
as of January 1 and expire on December 31 of each year. All food and
beverage vending machines shall be operated and maintained in compliance
with the provisions of Chapter 24 - Sanitation in Retail Food Establishments
and Food and Beverage Vending Machines in compliance with the provisions
of this chapter and compliance with Title 24, Revised Statutes of
New Jersey.
The governing body of the Borough of Eatontown hereby fixes
the following fees:
A.
Minimum fees for annual licensing of Retail Food Establishments are
hereby fixed as follows:
(1)
Mobile vehicles: $75 per year.
(2)
Special events lasting one week in duration or less: $ 50 per year.
(5)
Food license late fee:
(a)
A late fee charge will be levied by the licensing municipality
on those food establishment owners and/or operators who do not renew
their license on the anniversary date. The late fee charge will be
in addition to the cost of the establishment's annual food licensing
fee.
(b)
The late fee charge is set as follows: The late fee equals 20% of
the food establishment's annual licensing fee except that the
minimum late fee charge shall be set no lower than $20.[1]
[1]
Editor’s Note: Former Subsection A(5)(c), regarding
a reinspection fee, which immediately followed this subsection, was
repealed 8-14-2013 by Ord. No. 12-2013.
C.
Fees for licensing of food and beverage vending machines: $50 per
machine per year.
Applications for licenses shall be made to the local Board of
Health office in the Borough of Eatontown in accordance with the provisions
of N.J.S.A. 26:3-69.1 to 69.6, 26:3-92 and 26:3-93 and Chapter 24
- Sanitation in Retail Food Establishments and Food and Beverage Vending
Machines. Applicants shall submit an application on the form provided
by the local Board of Health office along with the appropriate fees
set forth above. Any person, firm or corporation intending to conduct
or engage in the operation of retail food and beverage sales or in
food and beverage vending machines must submit the license application
and the proper fee prior to the beginning of operation.
All retail food establishments shall be operated in compliance
with the provisions of the aforesaid Code of this chapter and Title
24, Revised Statutes of New Jersey.
This chapter may be enforced by and in the name of the Borough
of Eatontown or the Monmouth County Health Department by proceedings
instituted and prosecuted in a court having jurisdiction of such proceedings.
A.
Any person who violated any provisions of this chapter or code established
herein shall, upon conviction thereof, be liable to a penalty of not
less than $100 nor more than $2,000 for each violation; each day a
particular violation continues shall constitute a separate offense.
Upon refusal or neglect, upon and after conviction, to pay the amount
of said penalty or fine, the person so convicted shall be subject
to be committed to the county jail for a period not exceeding 90 days,
or a period of community service not exceeding 90 days or any combination
thereof, all in the discretion of the Municipal Magistrate or other
officer before whom the complaint shall be brought. Any license issued
under this chapter may be suspended or revoked by the Monmouth County
Health Department or the Borough of Eatontown in accordance with the
provisions of Chapter 24 - Sanitation in Retail Food Establishments
and Food and Beverage Vending Machines and Title 26 of Revised Statutes.
B.
In the event that any violation of this code shall also be a violation
of a New Jersey State Law, for which a greater penalty is provided
for than that contained in the aforesaid code and this chapter, the
Municipal Magistrate, before whom the complaint is brought, based
upon such violation, shall in his or her discretion, have the right
to impose, in the place and in lieu of any penalty provided for herein,
that is so provided for in the New Jersey State Law which has been
so violated.
Every act in such code or herein designated as being unlawful
is hereby prohibited, and every act herein expressly prohibited is
hereby designated as being unlawful.
All ordinances, codes, or parts of same inconsistent with any
of the provisions of this chapter and the code established hereunder
are hereby repealed to the extent of such inconsistency.
In the event that any section, sentence or clause of this chapter
or code shall be declared unconstitutional by a court of competent
jurisdiction, such declaration shall not in any manner prejudice the
enforcement of the remaining provisions.
A.
The license fees covered pursuant to §§ 258-6A, 258-6C et seq. of this chapter shall be paid to the Borough of Eatontown participating with the Monmouth County Board of Health within which such fees are assessed and collected.[1]
[1]
Editor’s Note: Former Subsection B, regarding the payment
of plan review fees, which immediately followed this subsection, was
repealed 8-14-2013 by Ord. No. 12-2013.
The license of any retail food establishment or food and beverage vending machine covered under this chapter is not transferable upon the sale of such retail food establishment or vending machine, and the new owner of any such retail food establishment or vending machine must apply for a new license and pay the appropriate fee provided for in §§ 258-6A, 258-6C et seq. of this chapter.
This chapter shall be enforced by the Monmouth County Board
of Health, the Municipal Code Enforcement Officer, Sanitary Inspector
or other official so designated by the governing body. This chapter
may also be enforced by and in the name of the Monmouth County Board
of Health or the Borough of Eatontown by proceedings instituted and
prosecuted in a court having jurisdiction over such proceedings. This
form of enforcement shall not limit the Monmouth County Board of Health
or the Borough of Eatontown in the remedies available in enforcing
this chapter.
This chapter and the code herein established shall take effect
30 days after the date of the first publication hereof.
