[Amended 9-18-1995 by Board of Health Ord. No. 2-1995; 5-19-1997 by Board of Health Ord. No. 3-1997]
A. License required. It shall be unlawful for any person or any body corporate to conduct a retail food establishment or to engage in operating one or more vending machines, as defined in and governed by Chapter
12 of the New Jersey State Sanitary Code, without first having procured a license from the Board of Health to do so and without complying with any and all of the provisions concerning the operation and maintenance of the same as contained in the aforementioned Chapter
12 of the New Jersey State Sanitary Code and the Code of the Township of East Hanover.
B. Submission of plans required. Whenever a retail food
establishment is constructed or renovated, and whenever a structure
is converted to use as a retail food establishment or alterations
or other changes in the operation are made that in the opinion of
the Health Officer will change the nature of the operation, plans
and specifications for the establishment must be submitted to the
Health Department for review and approval before construction, renovation
or conversion is begun.
C. Contents of the plans and specifications. The plans
and specifications for a retail food establishment shall include,
as required by the Health Officer based on the type of operation,
type of food preparation and foods prepared, the following information:
(2) Anticipated volume of food to be stored, prepared
and sold or served.
(3) Proposed layout, mechanical schematics, construction
materials and finish materials. The layout shall be drawn to a scale
of 1/4 inch equals one foot and shall be signed and sealed by a New
Jersey licensed architect or engineer.
(4) Proposed equipment types, manufacturers, model numbers,
locations, dimensions, performance capacities and installation specifications.
(5) Written standard operating procedures that reflect
a knowledge of general food safety and the establishment's ability
to implement state and local food safety regulations, including indication
of how practices ensure that transmission of disease is prevented;
food is received from an approved source; food is stored, prepared
and transported properly; potentially hazardous foods are properly
maintained; effective warewashing is conducted; and proper records
are maintained.
(6) Proposed program of training for supervisory personnel
and food handlers.
(7) Any other information that may be required by the
Health Officer for the proper review of the proposed construction,
renovation, conversion or alteration.
D. Plan approval.
[Added 6-15-1998 by Board of Health Ord. No. 1-1998]
(1) The Health Officer shall examine or cause to be examined
all applications for approval to construct or renovate a retail food
establishment and approve or deny, in whole or in part, the application
within 30 days of the date of submission. If the application is denied
in whole or in part, the Health Officer shall set forth the reasons
therefor in writing. If the application is approved, the Health Officer
shall provide the applicant with a written letter of approval.
(2) Any approval for construction or renovation of a retail
food establishment shall become invalid if the authorized work is
not commenced within 12 months after the issuance of the approval
or if the authorized work is suspended or abandoned for a period of
six months after the time of commencing the work.
(3) The Health Officer may revoke an approval for the
construction or renovation of a retail food establishment for any
false statement or misrepresentation of fact in the application or
on the plans on which the approval was based.
(4) The Health Officer shall be notified of the start
of construction or renovation work at the retail food establishment
at least 24 hours in advance.
[Amended 8-15-1983 by Board of Health Ord. No.
3-1983; 10-16-1989 by Board of Health Ord. No. 4-1989; 9-17-2001 by Board of Health Ord. No. 1-2001]
A. For the purposes of this section, certain terms are
defined as follows:
MOBILE RETAIL FOOD VENDOR
Any movable restaurant, truck, van, trailer, cart or other
movable conveyance, including hand- carried or portable containers
in which food or beverage is transported, stored or prepared for retail
sale or given away at temporary locations.
TEMPORARY LOCATION
Any locations on public or private property which the mobile
retail food vending equipment occupies or where the mobile retail
food vendor conducts business in any manner for a total cumulative
time period of no more than one hour in any twenty-four-hour period,
commencing at 12:00 midnight. Any interruption or removal of equipment
and/or of the vendor during any twenty-four-hour period shall not
constitute the commencement of a new one hour period.
(1)
Notwithstanding the above, a mobile retail food
vendor may conduct business for a total accumulated time period of
up to six hours per day at Lurker Park, Sommers Park and/or Dean D'Ambola
Park with the written permission of the Town Council or the person
or organization duly authorized by the Council having jurisdiction
over the park. Said permission may be withdrawn with or without cause
at any time and in the sole discretion of the Town Council or its
duly authorized representative. In addition to any other requirements
under this section, a mobile food vendor who wishes to operate more
than one hour per day at one of the above parks must also meet the
following conditions:
(a)
The application must specify the reason for
the type and duration of the service requested.
(b)
The application must specify the specific location
within the park where the service will be located.
B. An applicant for a mobile retail food vendor's
license must provide to the Board of Health an affidavit setting forth
the need of this type of service, approximate duration of time, the
days of the week of the anticipated service, exact location and name
or trade name of the applicant. Where the location is to be on public
property, the Town Council or the person or organization duly authorized
by the Council having jurisdiction over the property is to make the
affidavit. Where the location is on private property, the property
owner is to make the affidavit.
C. Mobile retail food vendors may not conduct business
on any public access street in the township. Mobile retail food vendors
shall not dispense food or beverage within 500 feet of any other food
establishment. Cleanup and removal of litter generated by the mobile
retail food vendor shall be the responsibility of the mobile retail
food vendor and shall be a condition of any license conveyed to said
vendor.
D. Frozen dessert vendors and established milk routes
are excluded from this section.
[Added 9-18-1995 by Board of Health Ord. No. 2-1995]
It shall be unlawful for any vending machine
to contain for sale or distribution any tobacco or tobacco related
products.
Food vending vehicles dispensing ice cream,
soft drinks or food shall not conduct business between the hours of
9:00 p.m. and 6:00 a.m.
[Amended 10-15-1990 by Board of Health Ord. No. 1-1990; 9-18-1995 by Board of Health Ord. No. 2-1995]
Every license issued or approved under the provision
of this article shall expire on December 31 of the year of its issue,
with the exception of temporary licenses, and an application for renewal
thereof shall be submitted, together with the required fee, at least
10 days prior to December 31 of each year. Establishments which fail
to submit an application before December 31 will be subject to a late
fee of $50. Establishments operating without a valid license will
also be subject to immediate closure. A temporary license shall expire
seven days after its issue.
Any license issued pursuant to this article
may be suspended or revoked by the Board of Health if:
A. The licensee has violated any provision of this article or Chapter
12 of the New Jersey State Sanitary Code;
B. The business, trade, calling or occupation of the
person to whom the license was issued is conducted in a disorderly
or in an improper manner or in violation of any state or federal law
or any ordinance of the Township of East Hanover;
C. The person or persons conducting the retail food establishment
is of an unfit character to conduct the same;
D. The purpose for which the license was issued is abused
to the detriment of the public health; or
E. The license is being used for a purpose foreign to
that for which the license was issued.
[Amended 5-19-1997 by Board of Health Ord. No. 3-1997]
A. The Health Officer may suspend a license granted pursuant
to this article when, in the opinion of the Health Officer, conditions
of the licensed establishment are such that continued operation of
the establishment poses an imminent threat to the health of the public
or patrons of the establishment. The Health Officer shall restore
the license of the establishment upon verification that the conditions
causing the suspension have been abated. The Health Department shall
conduct an inspection to verify abatement of conditions within 72
hours of receiving notification from the licensee that the conditions
causing the suspension have been abated.
B. Except as indicated in §
186-12A, a license pursuant to this article shall not be suspended or revoked until a hearing thereon has been held by the Board of Health, as hereinafter set forth in this article.
If any license issued pursuant to this article
shall be revoked, neither the holder thereof nor any person acting
for him, directly or indirectly, shall be entitled to another license
to carry on the same business within the Township of East Hanover
unless the application for such license shall be approved by the Board
of Health.
Any person, firm or corporation who shall violate any of the provisions of this article shall, upon conviction, be subject to the penalties provided in §
164-14 of Chapter
164, General Provisions, Board of Health.