Borough of Milford, NJ
Hunterdon County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Council of the Borough of Milford as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Fees — See Ch. 10.
Alcoholic beverages — See Ch. 49.
Zoning — See Ch. 190.
[Adopted 4-16-1990 by Ord. No. 534-90]

§ 99-1 Legislative authority.

The provisions of this article are adopted pursuant to the authority granted by N.J.S.A. 40:52-1 et seq. and shall be construed broadly to the extent permitted by said statutes to give effect to the provisions hereof.

§ 99-2 Interpretation.

No provision hereof shall be construed so as to impose an unlawful burden upon interstate commerce or any activity of the government of the United States nor of this state or any subdivision thereof.

§ 99-3 Findings.

The Common Council finds and determines as follows:
A. 
During the recent past, the food service industry has grown in size and complexity, and there is every indication that food service patterns will continue to change and modify in the years to come.
B. 
These changing patterns make it more essential that all agencies involved in the monitoring of the food service industry work together to the fullest extent possible to assure compliance with accepted minimum standards of food safety.
C. 
A retail food establishment licensing program is essential to an effective program of public health surveillance pursuant to the Recognized Public Health Activities and Minimum Standards of Performance for Local Boards of Health in New Jersey.
D. 
A proper licensing system will enable the Hunterdon County Division of Public Health Services to:[1]
(1) 
Increase assurance of adherence to effective standards of safe food-handling practice.
(2) 
Improve the ability of the Hunterdon County Division of Public Health Services to react in a timely manner to public health illnesses or other threats to the public health.
(3) 
Identify persistent Sanitary Code violators for corrective public health action via education or other means.
(4) 
Provide complete rather than partial knowledge of the whereabouts and nature of food-handling operations in the Borough.
(5) 
Enable the Borough to generate revenue sufficient to cover inspection and administrative costs.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).

§ 99-4 Definitions.

As used in this article, the following terms shall have the meanings indicated:
CHAPTER XII OF THE STATE SANITARY CODE OF NEW JERSEY
Chapter XII, Sanitation in Retail Food Establishments and Food and Beverage Vending Machines.[1]
FOOD
Any raw, cooked or processed edible substance, water, ice, beverage or ingredient used or intended for use or for sale, in whole or in part, for human consumption.
LAW
Any federal, state and local statutes, ordinances and regulations.
MOBILE RETAIL FOOD ESTABLISHMENT
Any movable restaurant, truck, trailer, van, cart or bicycle or other movable unit, including hand-carried, portable containers, in or on which food or beverage is transported, stored or prepared for retail sale or given away at temporary locations.
NONPROFIT/COMMUNITY SERVICE ORGANIZATIONS
Those organizations which are exempted from tax by the United States Internal Revenue Service and which present to the Hunterdon County Division of Public Health Services a tax exemption number which has been issued to them by that federal agency.[2]
PERMANENT FOOD ESTABLISHMENT
One in continuous service for more than 30 days.
PERMANENT FOOD LICENSE
The license required by any food establishment operating under permanent conditions.
PERSON
An organization, corporation, unincorporated association, individual person, any group of two or more persons or any other entity, excluding nonprofit/community service organizations.
RETAIL FOOD ESTABLISHMENT
Any fixed or mobile restaurant; coffee shop; cafeteria; short-order cafe; luncheonette; grill; tearoom; sandwich shop; soda fountain; tavern; bar; cocktail lounge; nightclub; roadside stand; industrial eating establishment; private, public or nonprofit organization, institution or group preparing, storing or serving food; catering kitchen; commissary; box-lunch establishment; retail bakery; meat market; delicatessen; grocery store; or public food market; or any similar place in which food or drink is prepared for retail sale or service on the premises or elsewhere; and any other retail eating or drinking establishment or operation where food is served, handled or provided for the public with or without charge, except that agricultural markets, covered-dish suppers or similar types of church or nonprofit-type institution meal services shall meet the special provisions of N.J.A.C. 8:24-8; provided, further, that any food and beverage vending machine shall meet the requirements of N.J.A.C. 8:24-1.1 et seq.[3]
TEMPORARY FOOD CONCESSION
One in continuous service for more than three days but not more than 30 days.
TEMPORARY FOOD CONCESSION LICENSE
The license required by any retail food establishment operating under temporary conditions.
TEMPORARY FOOD STAND
One in continuous service for not more than three days.
TEMPORARY FOOD STAND LICENSE
The license required by any retail food establishment operating under temporary conditions.
TEMPORARY RETAIL FOOD ESTABLISHMENT
Any retail food establishment which operates at a fixed location for a temporary period of time in connection with a fair, carnival, circus, public exhibition or similar transitory gathering, including church suppers, picnics or similar organizational meetings and mobile retail food establishments, as well as agricultural markets.
[1]
Editor's Note: The original definition of "Board of Health and Board," which immediately preceded this definition, and the original definition of "County Department and Department of Health," which immediately followed this definition, were repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
[3]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III). In addition, the original definition of "State Department and Department of Health," which immediately followed this definition, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. III).

§ 99-5 Enforcement. [1]

A. 
The provisions of this article shall be enforced by the Hunterdon County Division of Public Health Services.
B. 
Any and all inspections necessary to be carried out hereunder shall be conducted by the Hunterdon County Division of Public Health Services.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).

§ 99-6 License required. [1]

No temporary food stand, temporary food concession, permanent food establishment, mobile retail food establishment, retail food establishment or temporary retail food establishment shall be operated by any person within the Borough of Milford unless the same shall have first obtained a license therefor from the Hunterdon County Division of Public Health Services. A separate license shall be required for each separate unit.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).

§ 99-7 Inspection required. [1]

No person shall be granted a license for any activity set forth in § 99-6 of this article until and unless he shall present to the Clerk of the Hunterdon County Division of Public Health Services a fully completed application and an inspection certificate issued by the Hunterdon County Division of Public Health Services which is both current and indicates that the same has been inspected and found to be satisfactory as provided in Chapter XII of the State Sanitary Code of New Jersey, which is hereby adopted and incorporated herein by reference as if set forth fully and at length herein.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).

§ 99-8 Application for license.

A. 
Application for a license hereunder shall be made on forms to be provided by the Clerk of the Hunterdon County Division of Public Health Services, the form of which shall be approved by resolution of the Hunterdon County Division of Public Health Services but which shall contain at least the following information:[1]
(1) 
The name and address of the applicant. If the applicant is a corporation, the names and addresses of all officers, directors and shareholders thereof.
(2) 
The location of the proposed enterprise, together with a copy of the deed for said premises or a lease therefor, if the use is to be other than temporary. If the use is to be temporary or mobile, a full and complete description of the facility, together with authorization from the property owner, shall be provided.
(3) 
A certification that the applicant has not been denied a license for any reason related to sanitation by any agency and that no license issued to the applicant has been suspended or revoked for any reason within the three years immediately preceding the application or a complete explanation of any such denial, suspension or revocation.
(4) 
The name and address of a contact person who will be on site.
(5) 
An authorization to inspect the premises at any reasonable time, with or without notice.
(6) 
A description of the proposed license, including the type of food to be served or handled, the nature of the packaging therefor, the duration of the proposed licensed activity, the approximate hours of operation and the approximate number of employees.
(7) 
Any other information deemed necessary or desirable as determined by resolution of the Hunterdon County Division of Public Health Services.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
B. 
The appropriate fees as provided in § 99-15 of this article shall accompany the application.

§ 99-9 License issuance. [1]

Upon receipt of a completed application, together with all fees and inspection reports, the Clerk of the Hunterdon County Division of Public Health Services shall issue the license within 10 business days of the date of receipt, unless he shall ascertain from the information received that the license should not be issued. In that event, the Clerk shall so advise the applicant within the three-business-day period of that fact, and no license shall issue thereafter unless the applicant shall satisfy the Clerk of the Hunterdon County Division of Public Health Services or unless the Hunterdon County Division of Public Health Services shall reverse the action of the Clerk upon an appeal. If the Clerk shall determine that an application is incomplete, he shall forthwith advise the applicant of the reason for such determination, who may, without payment of an additional fee, provide the required data.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).

§ 99-10 Term of license.

A. 
Any license issued hereunder for a permanent establishment shall be issued for a term of one year as of January 1 of each year. Any such license issued within any calendar year shall expire on the 31st day of December of the year of issue.
B. 
A license for a temporary food stand or food concession shall be issued for a period not to exceed the limits set forth in this article, and the expiration date thereof shall be endorsed thereon.
C. 
A mobile retail food establishment shall apply for and receive a license as a permanent establishment.

§ 99-11 Display of license.

Any retail food establishment licensed hereunder shall prominently display the same, together with its inspection certificate, in or upon the premises or upon the stand, concession or mobile establishment.

§ 99-12 Suspension or revocation of license. [1]

Any license issued under the terms and provisions of this article may be suspended or revoked by the Hunterdon County Division of Public Health Services for the violation by the licensee of any provision of this article or Chapter XII of the State Sanitary Code of New Jersey or whenever it shall appear that the business, trade, calling, profession or occupation of the person, firm or corporation to whom such license was issued is conducted in a disorderly or improper manner or in violation of any law of the United States or the State of New Jersey or any ordinance of this municipality, that the person or persons conducting the retail food establishment are of an unfit character to conduct the same or that the purpose for which the license has been issued is being abused to the detriment of the public or is being used for a purpose foreign to that for which the license was issued.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).

§ 99-13 Hearing; notice. [1]

A license issued under the terms and provisions of this article shall not be revoked, canceled or suspended until a hearing thereon shall have been had by the Hunterdon County Division of Public Health Services. Written notice of the time and place of such hearing shall be served upon the licensee at least three days prior to the date set for such hearing. Such notice shall also contain a brief statement of the grounds to be relied upon for revoking, canceling or suspending such license. Notice may be given either by personal delivery thereof to the person to be notified or be deposited in the United States Post Office in a sealed envelope, postage prepaid, addressed to such person to be notified at the business address appearing upon said license. At the hearing before the Hunterdon County Division of Public Health Services, the person aggrieved shall have an opportunity to answer and may thereafter be heard, and upon due consideration and deliberation by the Hunterdon County Division of Public Health Services, the complaint may be dismissed, or if the Hunterdon County Division of Public Health Services concludes that the charges have been sustained and substantiated, it may revoke, cancel or suspend the license held by the licensee.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).

§ 99-14 Effect of revocation or suspension.

A. 
If any such license shall have been 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 Borough, unless the application for such license shall be approved by the Hunterdon County Division of Public Health Services.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
B. 
Upon suspension or revocation of a license hereunder, the person holding said license shall forthwith surrender the same and cease conducting any retail business in food or foodstuffs until the license is restored or reissued.

§ 99-15 Fees.

A. 
License fees. The Clerk of the Hunterdon County Division of Public Health Services shall collect the fees as prescribed in Chapter 10, Fees, of this Code for the issuance of licenses hereunder.
[Amended 10-21-2002 by Ord. No. 675-2002; 12-15-2003 by Ord. No. 684-2003[1]]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
B. 
Inspection and other fees. In addition to the foregoing, the applicant shall pay to the Hunterdon County Division of Public Health Services all inspection and other fees required by it, as set forth in § 3-46 of Chapter 3, Administration of Government.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
C. 
Prorating of fees. In the event that an application for a permanent license hereunder shall be submitted after July 1 of any calendar year, the application fee for that year shall be 1/2 of the fee set forth in Subsection A of this section.
D. 
Hearings. The fee for any hearing required under this article shall be paid by the applicant and shall be as prescribed in Chapter 10, Fees, of this Code.[3]
[3]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
E. 
Waiver. The fees to be imposed hereunder shall be waived for any nonprofit community service organization when such organization shall apply for a license hereunder. The exemption of such organization from the fees hereunder shall not absolve the organization from the duty to apply for a license.

§ 99-16 Violations and penalties.

A. 
Any person who shall violate any of the provisions of this article shall, upon conviction, be punished by a fine not to exceed $500, and each violation of any of the provisions of this article and each day the same is violated shall be deemed and taken to be a separate and distinct offense.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
B. 
In addition to the penalties set forth in Subsection A of this section, any person who violates the provisions of this article shall forfeit his license issued hereunder or, if no license has been issued or if a license has previously been revoked or suspended, shall be barred from obtaining a license hereunder.
[Adopted 5-5-2003 by Ord. No. 681-2003]

§ 99-17 Purpose; requirements; inspection and report.

A. 
The purpose of this article is to require all restaurants and food vendors of any kind or nature to have all grease which is used or generated in the preparation of food by the restaurants or food vendors stored in leakproof, nonabsorbent containers of durable metal, or other approved types of material which do not leak or absorb liquids, until removed from the premises by a licensed grease removal/disposal contractor. No grease whatsoever is to be disposed of into drains or trash containers.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
B. 
All restaurants and food vendors of any kind or nature shall have all grease which is used or generated in the preparation of food in the restaurants or food vendors stored in such a manner as to prevent a public health nuisance, including the development of excessive odors and the attraction of vermin, until removed from the premises by a licensed grease removal/disposal contractor.
C. 
The Milford Borough Sewer Utility shall have the right to periodically conduct routine inspections of the oil and grease traps to ensure compliance with this section.
D. 
All food establishments shall employ at their own expense a licensed New Jersey plumber to conduct an annual inspection of their grease traps and connecting lines to ensure waste oil and grease are being adequately prevented from being discharged into the sewer system. Inspection is to include but not be limited to the efficiency of the grease trap, amount of oil and grease found in the connecting wastewater lines leading to the sewer system, percentage of oil and grease being removed from the grease trap, scheduled maintenance and size of the existing grease trap. It shall also be determined that the existing grease trap is sized adequately for its existing use or that it must be increased in grease-separating capacity.
[Amended 5-17-2004 by Ord. No. 693-2004]
E. 
The form of report shall be as provided by the Borough. The report shall accompany the food vendor's license renewal application and shall be submitted prior to December 1 of each year. The retail food establishment shall submit its annual report to the applicable Borough agency as part of the establishment's annual license application. Failure to produce/submit such inspection record shall result in denial of the food establishment's license renewal application.

§ 99-18 Violations and penalties.

A. 
Any person who violates any of the provisions of this article shall be subject to the following penalty schedule:
Offense
Penalty
First
Time and material charge for clearance of line
Second
Time and material for clearance of line, plus 50% penalty assessment of initial line clearance cost
Third
Time and material for clearance of line, plus 75% penalty assessment of initial line clearance cost
Fourth
Time and material for clearance of line, plus 100% penalty assessment of initial line clearance cost
B. 
General penalty. The failure to perform an annual inspection for oil and grease and provide an annual report, as provided by the Borough, shall constitute a violation of this article. The penalty, upon conviction of a violation of this article, shall be a fine not less than $50 and not exceeding $500.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).