[HISTORY: Adopted by the Board of Health
of the Township of Hazlet as indicated in article histories. Amendments
noted where applicable.]
[Adopted 2-26-1973 as Ch. BH-II of the 1982 Revised General
Ordinances (Ch. 357 of the 1993 Code)]
The provisions of N.J.A.C. 8:24-1.1 et seq.,
Sanitation in Retail Food Establishments and Food and Beverage Vending
Machines, shall be enforceable in the Township of Hazlet in accordance
with those regulations and the regulations set forth in this article.[2]
No person shall operate or conduct a retail
food establishment without first having procured a license from Health
Services.
[Amended 2-15-2006[1]]
All licenses issued by Health Services for the operation of
a retail food establishment shall expire on June 30 of each calendar
year. Applications for the renewal thereof shall be submitted to Health
Services prior to June first of each calendar year together with the
fee for the issuance of such license.[2]
[Amended 5-18-1981; 2-10-1988; 3-25-1992; 12-2-1992; 2-15-2006]
A.
The fee for issuance or renewal of any licenses mentioned hereunder
shall be as follows:
(1)
Size of establishment.
|
Size of Establishment
(square feet)
|
Fee
| |
|---|---|---|
|
Up to 2,000 square feet
|
$75
| |
|
2,001 to 3,000 square feet
|
$100
| |
|
3,001 to 5,000 square feet
|
$150
| |
|
5,001 to 10,000 square feet
|
$200
| |
|
Over 10,000 square feet
|
$300
|
(2)
Mobile units: $125.
(3)
Prepackaged goods only: $50.
(4)
Temporary (maximum seven days): $50.
B.
Retail food establishment shall be charged a fee for plan review.
Said fee shall be based on the square footage of the entire establishment.
The fee for any plan review mentioned hereunder, shall be as follows:
|
Size of Establishment
(square feet)
|
Fee
| |
|---|---|---|
|
Up to 2,000 square feet
|
$75
| |
|
2,001 to 3,000 square feet
|
$100
| |
|
3,001 to 5,000 square feet
|
$150
| |
|
5,001 to 10,000 square feet
|
$200
| |
|
Over 10,000 square feet
|
$300
|
C.
Penalty for late licensing. A penalty of $75 shall be imposed after
July 31st of any year for late licensing.
Mobile food establishments, including trucks,
stands, carts, scooters and all other types of retail food establishments,
regardless of whether such operate from a fixed or an unfixed location,
shall be subject to all the rules and license requirements set forth
in this article and the code.
A.
Grounds for revocation. Any license issued pursuant
to the terms and provisions of this article may be suspended or revoked
by the Monmouth County Board of Health for the violation by the licensee
or any employees of such licensee of any provisions of this article
or of the code or whenever it shall appear that the business, trade,
calling, profession or occupation of the licensee is conducted in
a disorderly or improper manner or in violation of any law of the
United States, the State of New Jersey or ordinance of Hazlet Township
or if it shall appear that the license is being used for a purpose
foreign to that for which such license was issued.
B.
Hearing required. A license issued pursuant to the
terms and provisions of this article shall not be revoked, canceled
or suspended until a hearing thereon shall have been held by the Monmouth
County Board of Health. Such hearing shall be public, and written
notice of the time and place thereof shall be served upon the licensee
at his or her registered address or at his or her place of business
within the Township at least three days prior to the date set for
such hearing. Service may be by personal delivery or the written notice
upon the licensee, manager, assistant manager or other person in charge
of the premises or by mailing a clear copy of the written notice to
the licensee by certified mail, return receipt requested. Such notice
shall contain a brief statement of the grounds to be relied upon for
the revocation, cancellation or suspension of the license. At such
hearing, the licensee shall have an opportunity to answer all charges
presented and to present such evidence as he or she shall deem appropriate.
Thereafter, the matter shall be considered by the Monmouth County
Board of Health in regular session, and the licensee shall be notified
in writing of the decision of the Monmouth County Board of Health.
If the Monmouth County Board of Health shall conclude that the charges
have been sustained and substantiated, it may revoke, cancel or suspend
the license of the licensee.
C.
Monmouth County Board of Health approval required
for application. If any such license shall have been revoked or canceled,
neither the holder thereof nor any person acting for him or her, directly
or indirectly, shall be entitled to another license to carry on the
same business within the Township unless the application for such
license shall be approved by the Monmouth County Board of Health and
a new application fee paid.
D.
Further legal action not precluded. Any action taken
under this section or any failure to act under this section shall
not preclude the Monmouth County Board of Health from taking any other
actions permitted by law.
Upon transfer of ownership of any retail food
establishment within the Township, the new owner shall, prior to commencing
operations, apply for a new license and pay the designated license
fee.
A.
Inspection. The Monmouth County Board of Health or
its duly authorized agents or employees shall have the power to conduct
inspections of all licensed establishments as may be necessary to
enforce the provisions of this article.[1]
B.
Charges. In the event that two successive inspections result in conditionally satisfactory ratings with repeated violations or two unsatisfactory ratings, the licensee shall be subject to a penalty for each separate violation of any section of Chapter 24 of the State Sanitary Code or this article in the amount of $100 for the first and each subsequent inspection. In addition, the Monmouth County Board of Health or its duly authorized agents or employees may at any time forward the matter to the New Jersey Department of Health, New Jersey Attorney General or any prosecutor of the Township for appropriate action under N.J.S.A. 2B:12-1 et seq., 26:1A-9 and 24:17-4.[2]
Any person who shall violate any of the provisions
of this article or of the code shall, upon conviction, be punished
by a fine of not less than $50 nor more than $100. Each violation
of any provision of this article or the code and each day on which
a violation occurs shall be deemed to be a separate offense.[2]
[Adopted 2-26-1973 as Ch. BH-II of the 1982 Revised General
Ordinances (Ch. 345 of the 1993 Code)]
As used in this article, the following terms
shall have the meanings indicated:
- FOOD AND BEVERAGE VENDING MACHINE
- Any machine or device offered for public use which upon insertion of a coin or token or by other means dispenses unit servings of food or beverages, either in bulk or package, without the necessity of replenishing the devices between each vending operation.
A.
No distributor shall engage in the operation of a
food and beverage vending machine business for profit without having
obtained a distribution permit to do so from Health Services or without
complying with all the provisions of N.J.A.C. 8-24.
B.
No person, other than a distributor, shall maintain
or permit the maintenance of any food or beverage vending machine
without having obtained a location license for each machine from Health
Services or without complying with the provisions of N.J.A.C. 8-24.
