[HISTORY: Derived from Chapter BH-V and Section 5-5 of the 1972 Revised
General Ordinances, as amended through 10-1-1998. Subsequent amendments noted
where applicable.]
A.
A code regulating retail food establishments authorized
by N.J.S.A. 26:3-69.1 et seq., commonly known as "Chapter XII of the State
Sanitary Code,"[2] is hereby adopted and made a part of this chapter without the
inclusion of the text herein, and provided further that only such matters
are excepted from such code as shall be set forth herein either in the place
of, or in addition to, the provisions of the code.
[2]
Editor's Note: See Chapter 24 of the State Sanitary Code, N.J.A.C.
8:24-1 et seq.
B.
Three copies of said code have been placed on file in
the office of the Secretary of the Board of Health of the township upon the
introduction of this chapter for the use and examination of the public.
No person shall conduct a retail food establishment as defined and governed
by the aforesaid code without first having procured a license from the local
Board of Health.
In addition to the requirements contained in Chapter 112, each application for a license under this chapter shall be investigated by the Board of Health, which shall report its findings in writing to the Township Council within a reasonable time. No license shall be issued unless the Board of Health reports that the applicant conforms to all provisions of the code.
In addition to the grounds for revocation set forth in § 112-9, a license issued under this chapter may be suspended or revoked for failure to comply with any provision of the code.
As used in this chapter, the following terms shall have the meanings
indicated:
Any retail food establishment which operates at a fixed location
for a period of time not to exceed seven days.
Organizations formed as nonprofit corporations under the laws of the
State of New Jersey, and other organizations or associations which are not
incorporated, but which are organized as associations for nonprofit purposes
or as accessories to or in aid of any established churches, fraternal or civic
or benevolent groups, which desire to serve food to the public on a temporary
or irregular basis for one day or series of days not exceeding seven in any
year, shall be exempt from payment of any of the license fees required herein
and shall be further exempt from attending any seminars or courses otherwise
required under the provisions of this chapter. To be exempt, however, any
such organization shall notify the Health Officer of the township four weeks
prior to the desired function where food will be sold, served or prepared
and shall permit the Health Officer to check the site for the function and
the equipment to be used and to furnish information about the health rules
required of those organizations or associations conducting the sale or preparation
of food.
Any person who shall violate any of the provisions of this chapter shall,
upon conviction, be liable to a penalty of not less than $5 nor more than
$500. Each violation of any of the provisions of this chapter, and each day
such provision is violated, shall be deemed and taken to be a separate and
distinct offense.
A.
Licenses issued or approved under the provisions of this
chapter shall expire annually on December 31 of each year and application
for renewal thereof shall be submitted together with the required fee prior
to January 1 of each year. Licenses issued or approved prior to the adoption
of this chapter shall be allowed a credit for the fee previously paid to the
local Board of Health.
B.
Any licensee who has failed to renew his or her license
by January 15 of the year following the year of expiration of the immediately
preceding license shall pay an additional fee as set from time to time by
resolution of the Township Council[1] for each calendar month or portion of a month during which said license is not renewed, which late charge shall be in addition to any penalty provided for in § 98-7. Any retail food establishment for which a renewal license has not been issued prior to January 1 of any year shall be subject to immediate closure and shall be considered as operating in violation of this code.
