[Ord. No. 5-16-67; 1967 Code § 30-1]
As used in this chapter:
That a frozen dessert shall be considered adulterated when
it is in a state or condition as described in N.J.S.A. 24:5-8.
Includes: ice cream, frozen custard, French ice cream, French
custard ice cream, sherbet, fruit sherbet, ice milk, ice, water ice,
quiescently frozen confection, quiescently frozen dairy confection,
whipped cream confection, bisque tortoni, artificially sweetened ice
milk as defined in the definitions and standards of identity adopted
and promulgated as rules and regulations of the New Jersey State Department
of Health.
That a frozen dessert shall be considered misbranded when
it fails to meet the conditions described in N.J.S.A. 24:5-8.
Any vehicle on which frozen desserts are manufactured, prepared,
processed or converted in form and which is used in selling and dispensing
such products to the consuming public.
[Ord. No. 5-16-67; 1967 Code § 30-2]
The Board of Health or the Health Officer shall enforce the
provisions of this chapter.
[Ord. No. 5-16-67; 1967 Code § 30-3A]
Applicants for a license under this chapter shall file an application
with the Board of Health for each mobile unit used or operated in
the Township. Application forms shall be supplied by the Board of
Health. Licenses under the provisions of this chapter shall be in
lieu of the requirements of licenses required by Section 4-2, Peddlers,
Hawkers, Vendors, etc.
[Ord. No. 5-16-67; 1967 Code § 30-3B]
All licenses issued under this chapter shall expire on April
15 in each year, and there shall be no abatement for the issuance
of a license under this chapter for nonuse, surrender and/or cancellation.
Licenses shall not be transferable and must be surrendered after expiration
before a renewal license can be issued.
[Ord. No. 5-16-67; 1967 Code § 30-3C]
A temporary special license for short periods of time not exceeding
a total of seven days may be issued to circus groups, carnivals and
other like groups when sponsored by local nonprofit, religious, charitable,
educational, civic, veterans' organization, society, association,
service group, volunteer First Aid and/or Fire Company, at a permit
fee of $5 for the license.
[Ord. No. 5-16-67; 1967 Code § 30-3D]
Licenses shall be conspicuously displayed on the licensed mobile
unit.
[Ord. No. 5-16-67; Ord. No. 3-80; 1967 Code § 30-4; New]
A fee of $175 shall be paid by each applicant upon the issuance
of each license. A license and fee shall be required for each mobile
unit.
[Ord. No. 5-16-67; 1967 Code § 30-5]
The hours of sale for frozen desserts by mobile units shall
be between 10:00 a.m. and 8:00 p.m., local time.
[Ord. No. 5-16-67; 1967 Code § 30-6]
A health certificate from a physician shall be required for
operators and handlers of frozen desserts on mobile units to certify
the operators and handlers are free of communicable diseases.
[Ord. No. 5-16-67; 1967 Code § 30-7]
A mobile unit used in the sale of frozen desserts shall be maintained
in a clean and sanitary manner and shall be subject to inspection
prior to licensing and at any other time deemed necessary by the Board
of Health or the Health Officer and shall fully comply with the laws
of the State of New Jersey, the rules and regulations of the State
Department of Health, the ordinances of the Township and the rules
and regulations of the Board of Health.
[Ord. No. 5-16-67; 1967 Code § 30-8A]
An adequate temperature to prevent the thawing and spoilage
of frozen desserts shall be maintained at all times. Storage compartments
for the various items carried shall be maintained at a temperature
of 45° F. or below.
[Ord. No. 5-16-67; 1967 Code § 30-8B]
A refuse container with a tight-fitting cover must be available
for the deposit of papers and other solid wastes by customers and
operators which is constructed, designed and placed so it can be readily
used, cleaned and kept clean and located so it does not create a nuisance
or allow litter.
[Ord. No. 5-16-67; 1967 Code § 30-8C]
A potable water supply tank with a minimum capacity of 30 gallons,
heated electrically or otherwise, and tilted toward a capped drain
cock shall be provided. Water inlet pipe shall be of removable flexible
copper or other tubing approved by the Health Official with the nozzle
for hose connection capped when not being used. A hose for connection
to potable water supply shall be provided and be equipped with an
approved vacuum breaker and check valve.
[Ord. No. 5-16-67; 1967 Code § 30-8D]
A hand wash sink, seamless, with running hot and cold water,
soap and single service of individual towels or mechanical hand dryer
shall be provided.
[Ord. No. 5-16-67; 1967 Code § 30-8E]
A suitable waste tank with capacity of at least equal to the
water supply tank shall be provided, tilted toward a drain cock with
an adequate method of gauging the contents. It shall be emptied and
flushed as often as necessary in a sanitary manner in order to maintain
sanitary conditions.
[Ord. No. 5-16-67; 1967 Code § 30-8F]
Persons handling frozen desserts shall be clothed in white,
clean, washable uniforms.
[Ord. No. 5-16-67; 1967 Code § 30-8G]
The mobile unit shall be well-lighted with at least thirty-footcandles
of light intensity on all working surfaces.
[Ord. No. 5-16-67; 1967 Code § 30-8H]
All frozen desserts shall be dispensed in individual paper wrappers
or by single-service containers properly labeled.
[Ord. No. 5-16-67; 1967 Code § 30-81]
A mobile unit shall be used only for the sale of frozen desserts
unless specific exemption is applied for in writing and granted by
the Board of Health for the sale on such unit of other food products.
Such permission shall appear on the license granted to such mobile
unit.
[Ord. No. 5-16-67; 1967 Code § 30-8J]
Serving windows and doors shall be made of glass and shall be
kept closed at all times except when being used to serve customers.
[Ord. No. 5-16-67; 1967 Code § 30-8K]
All mobile units other than those operating exclusively at fairs,
outings, and carnivals of short duration shall operate from a depot
and shall report to their respective depots for sanitizing at least
once a day.
[Ord. No. 5-16-67; 1967 Code § 30-8L]
Flavors for use in making sundaes, shakes, etc., shall be kept
in single-service containers or other type of container acceptable
to the Health Official.
[Ord. No. 5-16-67; 1967 Code § 30-8M]
Notice shall be posted in service area of the mobile unit with
instructions as to proper handling of food materials and containers,
proper cleaning of equipment, utensils and appurtenances, and proper
waste disposal.
[Ord. No. 5-16-67; 1967 Code § 30-8N]
All mobile units shall be in compliance with all rules and regulations
governing the preparation and handling of frozen desserts promulgated
by the New Jersey State Department of Health for mobile units, as
amended and/or supplemented and any other statutory provisions applicable
thereto.
[New]
Any person, firm or corporation who shall violate any of the
provisions of this chapter shall, upon conviction thereof, be liable
for the penalty established in Section BH:1-3 of this Code.
