[HISTORY: Adopted by the Council of the Borough of Milford
as indicated in article histories. Amendments noted where applicable.]
[Adopted 4-16-1990 by Ord. No. 534-90]
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.
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.
The Common Council finds and determines as follows:
A.Â
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.Â
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.Â
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.Â
A proper licensing system will enable the Hunterdon County Division
of Public Health Services to:[1]
(1)Â
Increase assurance of adherence to effective standards of safe food-handling
practice.
(2)Â
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)Â
Identify persistent Sanitary Code violators for corrective public
health action via education or other means.
(4)Â
Provide complete rather than partial knowledge of the whereabouts
and nature of food-handling operations in the Borough.
(5)Â
Enable the Borough to generate revenue sufficient to cover inspection
and administrative costs.
As used in this article, the following terms shall have the
meanings indicated:
Chapter XII, Sanitation in Retail Food Establishments and
Food and Beverage Vending Machines.[1]
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.
Any federal, state and local statutes, ordinances and regulations.
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.
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]
One in continuous service for more than 30 days.
The license required by any food establishment operating
under permanent conditions.
An organization, corporation, unincorporated association,
individual person, any group of two or more persons or any other entity,
excluding nonprofit/community service organizations.
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]
One in continuous service for more than three days but not
more than 30 days.
The license required by any retail food establishment operating
under temporary conditions.
One in continuous service for not more than three days.
The license required by any retail food establishment operating
under temporary conditions.
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).
[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).
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.
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.
A.Â
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)Â
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)Â
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)Â
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)Â
The name and address of a contact person who will be on site.
(5)Â
An authorization to inspect the premises at any reasonable time,
with or without notice.
(6)Â
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)Â
Any other information deemed necessary or desirable as determined
by resolution of the Hunterdon County Division of Public Health Services.
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.
A.Â
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.Â
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.Â
A mobile retail food establishment shall apply for and receive a
license as a permanent establishment.
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.
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.
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.
A.Â
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]
B.Â
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.
A.Â
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.
B.Â
C.Â
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.
E.Â
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.
A.Â
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]
B.Â
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]
A.Â
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]
B.Â
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.Â
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.Â
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.Â
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.
A.Â
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.Â
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]
