As used in this chapter, the following terms
shall have the meanings indicated:
The Board of Health of the Township of Union in the County
of Union.
Any person who is a bearer or transmitter of communicable
disease germs and is himself immune to the disease.
Any disease in which the causative agent may be transmitted
from person to person, from animal to person or from animal to animal
by direct or indirect means.
A raw, cooked, or processed edible substance, ice, beverage,
or ingredient used or intended for use or for sale in whole or in
part for human consumption, or chewing gum.
[Added 12-17-2009]
The Health Officer of the Township of Union, appointed by
the Board of Health of the Township of Union in the County of Union.
The placing apart of persons or animals affected with or
exposed to, or suspected of being affected with or exposed to, a communicable
disease for the purpose of preventing contact with other persons and
animals, and the establishment of reductions directly surrounding
such persons or animals.
Any movable restaurant, truck, van, trailer, cart, bicycle,
water craft, or other movable unit, including a hand-carried, portable
container in or on which food or beverages are transported, stored,
or prepared for retail sale or given away at temporary locations.
[Added 12-17-2009]
The entity that is legally responsible for the operation
of the retail food establishment such as the owner, the owner's agent,
or other person.
[Added 12-17-2009]
An association, a corporation, individual partnership, other
legal entity, government, or governmental subdivision or agency.
[Amended 12-17-2009]
The confining of persons, animals or materials within a designated
area and the exclusion of other persons, animals or materials from
such areas.
As defined in N.J.A.C. 8:24-1.5, including risk types 1,
2, 3, and 4. Retail food establishments not included in the N.J.A.C.
8:24-1.5 definition but falling within the definition of risk type
1 such as listed in numbered paragraphs 1 through 6, while not defined
as a retail food establishment, shall be subjected to a temporary
food permit as issued by the Department of Health.
[Added 12-17-2009]
A facility, including mobile or stationary and a risk category
1, 2, 3, or 4 whose owner or operator proposed to operate within the
Township of Union municipal boundaries for a period of no more than
14 consecutive days in conjunction with a single event.
[Added 12-17-2009]
The Township of Union in the County of Union.
[Amended 12-17-2009]
The Health Officer and/or his lawful designees shall have the
right to enter into and upon any premises, public or private building
or vehicle for the purpose of enforcing the provisions of this chapter
and the health laws and regulations of the State of New Jersey or
to determine whether such provisions or rules and regulations are
being complied with or obeyed. No person shall oppose such entry or
hinder or interfere with the Health Officer and/or his lawful designees
in the performance of their duties.
A.
License required for food service
activities; license nontransferable
[Amended 10-14-1998; 12-17-2009]
(1)
No individual, company, corporation, partnership, club, fraternal organization, public or private school, preschool, child-care center, nursery or any other entity, whether for profit or not for profit, permanent or temporary, shall conduct or otherwise engage in any type of food service activity, with or without charge, or conduct a retail food establishment operation as defined in New Jersey Administrative Code, Title 8, Chapter 24, without being in full compliance with said code and without first having obtained a license to do so from the Township of Union Department of Health. This includes mobile food establishments, establishments at fixed locations, bed-and-breakfast facilities, food and drink vending machines and company employees' cafeterias.
B.
Issuance.
[Amended 12-17-2009]
(1)
All applications or permits
required by this chapter or any supplements thereto or amendments
thereof except where otherwise specifically provided shall be made
to the office of the Department of Health and Environmental Control
and shall be in such form and detail as the Department shall prescribe.
Upon filing of such an application and the payment of the fee prescribed
herein, the Health Officer is authorized to issue a license or permit
to the applicant, provided that he has complied with all the requirements
and the relevant rules and regulations provided in this chapter.
(2)
An application may be denied
for reasons of noncompliance with Township codes, state law and/or
regulations.
(3)
If for any reason the application
is denied, the applicant may request, in writing, within seven business
days from the date of the notice of denial, to appeal said denial
before the Board of Health at their next regular monthly meeting.
C.
Revocation. In
the event of the violation of any of the provisions of this chapter
or of the relevant rules and regulations provided herein, a license
or permit issued pursuant to this chapter may be revoked after a hearing
before the Board of Health, upon charges filed with the Board and
a time for the hearing fixed of which the holder of the license or
permit shall have at least one week's notice by mail, addressed to
the address of the holder of the license or permit as the same appears
upon the aforesaid application. The penalty of revocation provided
in this subsection shall be in addition to any other penalties provided
for violations of this or any other ordinance of the Board. No person
shall operate any business or conduct any activity for which a license
or permit is required by this chapter or the amendments thereof or
supplements thereto after revocation thereof or during the period
of suspension thereof, as hereinafter provided.
D.
Suspension. In the event of the violation by the holder of a license or permit of any of the provisions of this chapter or of the relevant rules and regulations provided herein, where the effect of such violation is such as to constitute a hazard or injury to public health, the Health Officer is authorized to suspend the license or permit pending the hearing before the Board of Health provided in Subsection B of this section. In the event of such suspension, the Health Officer shall, within 24 hours after notice of suspension, give to the holder of such license or permit an opportunity for hearing before him and to present such evidence as may be desired concerning such violation. After hearing, the Health Officer may continue or discharge such suspension, but if continued, an early hearing shall be provided by the Board.
[Amended 12-17-2009]
All permits and licenses shall be prominently
displayed upon the premises for which they were issued, and upon each
and every vehicle or device used in the business for which a license
or permit is required, there shall be displayed at all times in plain
sight, on the left side or rear of said vehicle or device, each current
license or permit sign as may be provided by the Department.
[Amended 12-17-2009]
Every holder of a license or permit shall exhibit the same upon
demand to the Health Officer or any other authorized representative
of the Health Officer or any peace officer of this municipality.
