[HISTORY: Adopted by the Township Council of the Township
of Mount Holly 9-16-2015 by Ord.
No. 2015-06. Amendments noted where applicable.]
GENERAL REFERENCES
Public health nuisances — See Ch. 176.
The provisions of N.J.A.C. 8:24-1 et seq., Sanitation in Retail
Food Establishments and Food and Beverage Vending Machines, shall
be enforced in the Township of Mount Holly.
It shall be unlawful for any person or any body corporate to
conduct a retail food establishment, as defined in and governed by
N.J.A.C. 8:24-1 et seq., without first having procured a permit from
the Board of Health or without complying with all of the provisions
concerning operation and maintenance of a retail food establishment
as contained in the aforementioned N.J.A.C. 8:24-1 et seq.
The fees for permitting or licensure of retail food establishments are set forth in § 3-54E, which fees are set on an annual basis.
A.
Any license or permit issued under the terms and provisions of this
chapter may be suspended or revoked by the Board of Health for the
violation of any provision of this article or N.J.A.C. 8:24-1 et seq.,
adopted hereby, or whenever it shall appear that the business, trade,
calling, profession or occupation of the person, firm or corporation
to whom such license or permit was issued is conducted in a disorderly
or improper manner or in violation of any law of the United States,
the State of New Jersey or the County of Burlington or any ordinance
of this municipality, or that the person or persons conducting the
retail food establishment is of an unfit character to conduct the
same, or that the purpose for which the license or permit was issued
is being abused to the detriment of the public or is being used for
a purpose foreign to that for which the license or permit was issued.
B.
A license or permit issued under the terms and provisions of this
chapter shall not be revoked, canceled or suspended until a hearing
thereon shall have been had by the Board of Health. Written notice
of the time and place of such hearing shall be served upon the licensee
or permitee 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
or permit. Notice may be given either by personally delivering it
to the one to be notified or by depositing it in the United States
Post Office in a sealed envelope, postage prepaid, addressed to such
person to be notified at the business address appearing upon the said
license or permit. At the hearing before the Board of Health, the
person aggrieved shall have an opportunity to be heard. Based upon
the evidence presented, the Board may dismiss the complaint or revoke
or suspend the license or permit.
C.
If any such license or permit is revoked, neither the holder thereof
nor any person acting for him, directly or indirectly, shall be entitled
to another license or permit to carry on the same business within
the municipality unless an application for such license or permit
is first approved by the Board of Health.
No provision of this chapter shall be applied so as to impose
any unlawful burden on either interstate commerce or any activity
of the state or federal government.
Every license or permit granted or issued pursuant to the terms
of this article shall expire at 12:00 midnight on the 30th of June
next succeeding the date of issue, unless sooner revoked.
A.
Food handler's course required. Commencing January 1, 1999,
or such date as may be fixed by the Mount Holly Board of Health, each
owner, manager or employee in charge of other employees serving food
on each particular shift shall complete the first available three-hour
food handler's course prior to the Board of Health issuing an
annual license or permit to the retail food establishment. In addition,
before a license or permit shall be issued, the retail food establishment
shall pay the appropriate fee in accordance with this chapter.
B.
If there is no owner, manager or employee in charge of other employees
serving food to others on each particular shift who has satisfactorily
completed the three-hour food handler's course in accordance
with this section, then the retail food establishment shall be issued
a summons to appear before the Mount Holly Board of Health to answer
to the violation.
C.
Any retail food establishment which receives an unsatisfactory rating
from the appropriate official inspecting the premises shall immediately
cease from serving any food or similar products until the licensee
or permitee has received a satisfactory rating from the inspector
conducting such inspections.
D.
Any retail food establishment which receives more than two conditional
satisfactory ratings within any one-year period shall have its owner
or manager appear at the next meeting of the Mount Holly Board of
Health to show cause why its license or permit shall not be suspended
for failing to operate its premises in accordance with Chapter 24
of the New Jersey Sanitary Code. The conditional satisfactory shall
be posted on the premises for such time as the Board of Health and/or
inspector believes it is necessary for the preservation of the public
health and safety. In addition, its owner or manager must take and
satisfactorily complete the next available eighteen-hour food manager's
certification.
E.
In addition to the remedies stated above, the inspector conducting
the inspections shall cause appropriate summons to be issued for the
violation of Chapter 24 of the New Jersey Sanitary Code, the ordinance
of the Township of Mount Holly and applicable statutes of the State
of New Jersey.
F.
Violations and penalties. Any person who violates any provision of or order promulgated under this section shall, upon conviction thereof, be liable to a penalty as set forth in this chapter, § 134-22, Violations and penalties. Each day a particular violation continues shall constitute a separate offense.
A.
All retail food establishments licensed or permitted or required
to be licensed or permitted as outlined in this chapter shall be required
to conduct biweekly self-inspections of the establishment on forms
designed, approved and provided by the Board of Health.
B.
The owner, highest-ranking manager, supervisor, crew chief or supervisory
individual(s) actively involved in the daily operation of the establishment
shall conduct biweekly self-inspections of the establishment and shall
fully complete the self-inspection report as it pertains to the establishment.
Deficiencies noted shall be corrected immediately.
C.
The establishment shall maintain the original copy of each self-inspection
report on the premises for review by the local health authority for
a minimum of one year.
D.
Establishments that are licensed or permitted as temporary food establishments
shall meet all of the aforementioned requirements, with the exception
that the self-inspection shall be conducted and a report completed
on a weekly basis.
E.
Violations and penalties. Any person who violates any provision of or order promulgated under this section shall, upon conviction thereof, be liable to a penalty as set forth in this chapter, § 134-22, Violations and penalties. Each day a particular violation continues shall constitute a separate offense.
It shall be unlawful for any person, whether as principal or
agent, clerk or employee, either for himself or any other person,
or for any body corporate, or as an officer of any corporation, or
otherwise to:
A.
Engage in the operation of one or more machines or devices offered
for public use which, upon insertion of a coin, coins or tokens, 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, without first having applied to and
procured a permit from the Board of Health of Township of Mount Holly
so to do or without complying with any and all of the provisions of
N.J.A.C. 8:24-1 et seq., as adopted or amended.
B.
Maintain or permit to be maintained on or in any location in the
Township of Mount Holly, including a boat or vessel of any kind, one
or more machines or devices offered for public use which, upon insertion
of a coin, coins or tokens, 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, without
first having applied for and procured a license or permit for each
such machine or device from the Board of Health of this municipality
or without complying with any and all of the provisions of N.J.A.C.
8:24-1 et seq., as adopted or amended.
A.
Application for and issuance of the permits and licenses referred
to in this chapter shall be made in conformity with the provisions
of N.J.A.C. 8:24-1 et seq., as adopted or amended by the Board of
Health of this municipality. Such permits and licenses are not transferable.
B.
No license or permit shall be issued unless the applicant first obtains
from the Board of Health its written certification that the applicant
has complied with all the rules and regulations established by the
Board with respect to the operation of such a machine.
Permits and licenses issued under authority of this chapter
may be suspended, revoked or reinstated by the Board of Health of
this municipality pursuant to the provisions of N.J.A.C. 8:24-1 et
seq., as adopted or amended by said Board of Health.
No provision of this chapter shall be applied so as to impose
any unlawful burden on either interstate commerce or any activity
of the state or federal government.
Every motor vehicle licensed or permitted by the Board of Health
of the Township of Mount Holly to handle food which solicits and makes
retail sales from said motor vehicle shall obtain a license or permit
and placard from the Secretary of the Board of Health.
A person, corporation or organization shall apply for said license or permit and placard with the Secretary of the Board of Health upon forms approved by the Board of Health. The fee for said license or permit and placard shall be as set forth for mobile food vendors in § 3-54.
The placard shall be issued within 30 days after passage of
this chapter and thereafter shall be renewed at the same time, and
shall run for the same period as does the license or permit to handle
food which covers the same motor vehicle.
The placard issued by the Secretary of the Board of Health shall
be permanently and prominently exhibited on the motor vehicle licensed
or permitted to handle food which solicits and makes retail sales
from said motor vehicle in such a manner that it may be observed by
a person outside the vehicle at all times the vehicle is storing,
holding, transporting, loading, unloading or in any way involved with
the handling of food.
A placard shall be valid only for the vehicle for which it is
issued, and if any person, corporation or organization has more than
one motor vehicle licensed or permitted to handle food in the Township
of Mount Holly, that person, corporation or organization shall obtain
a separate placard and license or permit for each vehicle which shall
handle food in the Township of Mount Holly.
Placards are not transferable unless the motor vehicle for which
the placard is issued is no longer in service. If the motor vehicle
for which the placard is issued is no longer in the service of the
licensee or permittee, upon proof to the Secretary of the Board of
Health that said placard has been destroyed or returned to the Secretary
of the Board of Health, the Secretary shall issue a placard to be
used solely on the vehicle that is to replace the vehicle that is
no longer in service to the licensee or permitee. There shall be a
charge of $1 for a replacement placard.
If any motor vehicle to which a placard is issued is temporarily
out of service, another motor vehicle may be utilized by the licensee
or permitee, provided that the Secretary of the Board of Health is
notified on the first business day of the fact that the motor vehicle
to which the placard was issued is out of service, the reason for
its being out of service and the make and license or permit number
of the temporary vehicle. A temporary vehicle shall not be used for
more than 20 days without obtaining a placard for said replacement
vehicle.
The obtaining of a placard does not license or permit a motor
vehicle to handle food and is to be issued at the same time or after
the time a license or permit to handle food is obtained.
Any person, firm or corporation who shall violate any of the
provisions of this article shall, upon conviction, be punished as
set forth below:
A.
Unless another penalty is otherwise provided, any person violating
or failing to comply with any of the provisions of any chapter or
article of this Code adopted by the Board of Health, or any standard
code adopted under such chapter or article and made a part thereof,
shall, upon conviction, be punishable by a fine of not less than $25
nor more than $500 for each offense.
B.
The continuation of such violation for each successive day shall
constitute a separate offense, and the person or persons allowing
or permitting the continuation of the violation may be punished as
provided above for each separate offense.
C.
The court may cause a person who refuses or neglects to pay the amount
of a judgment rendered against him, and all costs and charges incident
thereto, to be committed to the county jail for a period not exceeding
90 days.
D.
In case a person shall have been twice convicted within the space of six months of the violation of the same health ordinance or code and due proof of such fact is made, the court may, in addition to the imposition of the penalty prescribed by Subsection A of this section, cause said person to be imprisoned in the county jail or county workhouse, with or without hard labor, for any number of days not exceeding one for each dollar of the penalty.
E.
Notwithstanding the foregoing, each violation of any provision of
the State Sanitary Code shall constitute a separate offense and shall
be punishable by a penalty of not less than $50 nor more than $1,000.
Each such penalty shall be sued for and recovered in a civil action,
in any court of competent jurisdiction, by and in the name of the
State Department of Health or by and in the name of the local board
of health of the municipality in which the violation occurred. Any
penalty recovered in any such action shall be paid to the plaintiff
therein. When the plaintiff is the State Department of Health and
Senior Services, the penalty recovered shall be paid by the Department
to the State Treasurer. When the plaintiff is a local board of health,
the penalty recovered shall be paid by the local board into the treasury
of the municipality within which the local board has jurisdiction.
