[HISTORY: Adopted by the Board of Health of the Township
of Vernon 3-12-1991 by Ord. No.
91-1. Amendments noted where applicable.]
A code regulating retail food establishments and fixing penalties
for violations is hereby established pursuant to N.J.S.A. 26:3-69.1
to 26:3-69.6. A copy of said code is annexed hereto and made a part
hereof without the inclusion of the text thereof herein.
The said code established and adopted by this chapter is described
and commonly known as N.J.A.C. 8:24-1.1 et seq., Chapter 24 of the
New Jersey State Sanitary Code, "Sanitation in Retail Food Establishments
and Food and Beverage Vending Machines."
[Amended 11-13-2008 by Ord. No. 08-21]
Three copies of the said Sanitation in Retail Food Establishments
and Food and Beverage Vending Machines Code have been placed on file
in the office of the Municipal Clerk of Vernon Township.
A.
It shall be unlawful for any person, persons, firm, or corporation to conduct a retail food establishment as defined in Chapter 24 of the State Sanitary Code, referred to in § 281-2, without first having obtained a license from the Vernon Township Health Officer. This license shall only be issued if the retail food establishment complies with all of the provisions concerning operation and maintenance of the same as contained in the aforementioned Chapter 24 of the State Sanitary Code and this chapter and any other applicable state laws and regulations and local ordinances.
[Amended 11-13-2008 by Ord. No. 08-21]
B.
The license is not transferable. If there is a change in the ownership
and/or management of the business, a new license must be applied for
at the Vernon Township Health Officer. A license shall expire as contained
in Subsection below. Operating on another person's, persons',
firm's or corporation's license shall be considered as operating
without a license.
[Amended 11-13-2008 by Ord. No. 08-21]
C.
All licenses issued during the calendar year shall expire on December
31, of that same year.
[Amended 12-1-2008 by Ord. No. 08-24]
D.
Operating with an expired license shall be considered as operating
without a license.
E.
Separate licenses shall be required for each separate retail food
establishment operation even if the operations are owned and managed
by the same person, persons, firm or corporation, are on the same
tax block and lot and/or are located within the same building. A "separate
retail food establishment operation" is defined as an operation which
has a separate kitchen, food preparation area, display and/or bar
unless the bar or display area is directly adjacent to the kitchen
or food preparation area.
A.
All retail food establishments, with the exception of those establishments
which serve only prepackaged food, mobile vendors and bed-and-breakfast
establishments, shall hire a certified pesticide operator. The certified
pesticide operator shall be hired to inspect and apply any necessary
insecticides and/or rodenticides on a regular basis, which shall not
be less than monthly.
A.
Any license issued under the terms and provisions of this chapter
may be suspended or revoked by the Vernon Township Health Officer
for the violation by the licensee or any licensee's employee
of any provisions of this chapter or Chapter 24 of the New Jersey
State Sanitary Code.
[Amended 11-13-2008 by Ord. No. 08-21]
B.
A license issued under the terms and provisions of this chapter shall
not be revoked, canceled, or suspended until a hearing thereon shall
have been held by the Vernon Township Health Authority. 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 to the licensee or establishment
manager or mailed by regular mail and certified mail return receipt
requested with the United States Post Office, addressed to the licensee
at the business address appearing upon said license. At the hearing
before the Health Authority, the licensee shall have an opportunity
to answer and may thereafter be heard, and upon due consideration
and deliberation by the Health Authority, the complaint may be dismissed,
or if the Health Authority concludes that the charges have been sustained
and substantiated, it may revoke, cancel or suspend the license held
by the licensee.
[Amended 11-13-2008 by Ord. No. 08-21]
C.
If any such license shall have been revoked, canceled or suspended,
the licensee must cease operation immediately and shall not be entitled
to carry on a retail food business within the Township unless the
Health Officer approves the issuance of a new license.
[Amended 11-13-2008 by Ord. No. 08-21]
A.
B.
Each separate violation of any provision of this chapter or Chapter
24 of the New Jersey Sanitary Code shall constitute a separate offense.
C.
The continuation of any violation for each successive day shall constitute
a separate offense.
D.
The person, persons, firm or corporation allowing or permitting the
continuance of the violation may be punished as provided above for
each separate offense.
A.
All retail food establishments which are not served by a NJDEP approved
public community water system, as defined under N.J.A.C. 7:10-11.1
et seq., are required to obtain water analyses for coliform bacteria
and nitrate on a quarterly basis as long as the establishment is in
operation.
B.
The samples shall be zero coliform bacteria per 100 milliliters (ml)
of water and nitrates of less than 10 parts per million (ppm).
C.
Each separate retail food establishment, as defined under § 281-4E, shall be required to sample as specified in Subsections A and B above, except as noted herein. When more than three separate retail food establishments are served by the same public noncommunity water system and are operated by the same owner and/or manager, then only a minimum of three water samples shall be required per month and shall be taken from different locations on the system.
D.
The owner and/or manager shall be responsible to have a copy of each required water test, as specified in Subsections A through C above, sent to the Vernon Township Health Officer within one day of the results being available from the New Jersey DEP certified laboratory.
[Amended 11-13-2008 by Ord. No. 08-21]
