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Township of Hazlet, NJ
Monmouth County
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Table of Contents
Table of Contents
[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]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 475, General Provisions, Board of Health, Art. I).
[2]
Editor's Note: Original § 357-2, Titles of codes, and § 357-3, Availability of copies, which followed this section, were deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
No person shall operate or conduct a retail food establishment without first having procured a license from Health Services.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[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]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[2]
Editor's Note: Original § 357-6, Food handlers’ educational program, as amended, which immediately followed this section, was deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[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.
[Amended 10-1-2019 by Ord. No. 1652-19]
The purpose of this section is to properly control mobile food handlers/vendors in order to prevent and discourage undesirable business practices; to help protect the public from fraud; to permit the activity regulated to a limited degree in consideration from the density of population, size of streets and public rights-of-way; and to promote the health, safety and welfare of the residents of the Township of Hazlet.
A. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
MOBILE RETAIL FOOD ESTABLISHMENTS
Any movable restaurant, truck, van, trailer, cart, bicycle or other movable unit, including hand-carried, portable containers in or on which food or beverage is transported, stored or prepared for retail sale or given away at temporary locations.
MOTOR VEHICLE
As defined under New Jersey motor vehicle laws, any vehicle propelled or drawn by mechanical or electrical equipment used for transportation of people or goods.
PERSON
An individual, partnership, corporation, trust, joint venture, association, society, church, congregation or other organization.
PUSHCART
A vehicle or device used to carry, transport or convey merchandise or items which are subject to this section.
SALE
The act of selling, holding out for sale, exchange, transfer, advertising or delivery.
B. 
License required; number limited. No activity as defined in this section shall be conducted in the Township of Hazlet except in compliance with the provisions of this section. It shall be unlawful for any person to conduct activities defined herein unless they have been issued a license pursuant to this section. Licenses shall be issued at the discretion of the Township. The number of licenses that may be issued and in effect during any twelve-month period shall not exceed four. No person shall be issued more than one license.
C. 
Location: limited to properties with frontage on Route 35 or Route 36 corridor or other areas approved by the Zoning Officer; written permission to be obtained from the property owner.
D. 
Size of vehicle. Limit the size to a maximum of 30 feet for a trailer or vehicle.
E. 
Application for license.
(1) 
Application for such license shall be made, in writing, on a form to be provided to the Township of Hazlet. It shall require that the applicant and every employee shall provide two photographs, taken within 30 days of the application, of a size approximately 2 1/2 inches by 2 1/2 inches on thin paper having a white or beige background clearly showing a frontal view of the applicant's face and his employee's face, one of which is to be attached or posted to the application.
(2) 
Such application for license shall require that the applicant give the following information concerning himself or itself:
(a) 
Name.
(b) 
Specific address for the past three years.
(c) 
Date and place of birth and citizenship.
(d) 
Arrests or convictions at any time, of any crime, for disorderly offense or of any municipal ordinance or regulations.
(e) 
Proposed location for which such license is sought, including a sketch/survey of the property location and written consent of the property owner.
(f) 
Description of all items to be sold.
(g) 
Description of trailer or vehicle to be used; photo, current vehicle insurance, liability insurance and registration for the trailer or vehicle to be provided.
F. 
Reapplication and recertification. Each applicant and licensee shall each year, between August 1 and August 31, apply or reapply for the license by personally appearing at the Municipal Clerk's office to certify or recertify to the information contained in their application. Where an applicant fails to appear and recertify, their name shall be removed from the list of pending applications. All persons who presently have licenses shall be considered first for each license before any new applicant for the license period running from October 1 through September 30 of each year. Licenses shall expire on September 30 of each year.
G. 
Investigation. Such application shall be made to and issued by the Municipal Clerk of the Township of Hazlet or her designee after investigation by the Hazlet Township Police Department.
H. 
Contents, display and transfer of license.
(1) 
Each license issued by the Municipal Clerk shall set forth the specific food and beverage authorized to be sold, the location for the same, the name of each employee and the expiration date of the license.
(2) 
No person shall engage in any activity, except those permitted under the license and at the location specific therein. Upon granting of the license hereinabove mentioned, each licensee shall be required to prominently display said license on the vehicle employed to transact his business.
(3) 
No license may be transferred from one person or entity to another.
I. 
Prohibited acts. No licensee shall:
(1) 
Engage in business before 9:00 a.m. or after 8:00 p.m. on any given day.
(2) 
Transact business from its vehicle unless it is properly parked in the approved location.
(3) 
Park a vehicle overnight on the approved location.
J. 
Inspection and certification. All mobile retail food establishments must, in addition to obtaining a license, be licensed by the Monmouth County Board of Health. Such Board of Health certification must be displayed to the public and renewed annually.
K. 
License renewal and fee. The term and cost of each license issued under this section shall be for a term of one year and shall be renewed each year beginning on October 1 for a fee of $200.
L. 
One-day license. The Township Committee of Hazlet Township reserves the right to issue, at any time, the above-mentioned mobile food handlers' license to any mobile food handler for a one-day duration. Said mobile food handlers must meet all of the requirements as stated in the above sections. The fee for said one-day license shall be $50. All licenses issued for one day shall expire at 12:00 midnight of the day issued.
M. 
Violations and penalties. Any person, firm, corporation, partnership or other entity violating any provisions of this section or any regulations promulgated by the Township of Hazlet pursuant hereto shall be punished by one or more of the following: a fine not to exceed $2,000. Each and every violation and nonconformance with this chapter on each day that any provision of this section shall have been violated shall be construed as a separate offense.
[Amended 9-4-2012 by Ord. No. 1511-12]
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.
[Amended 9-4-2012 by Ord. No. 1511-12]
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.
[Amended 9-4-2012 by Ord. No. 1511-12]
C. 
Charges. In the event that two successive inspections result in conditionally satisfactory ratings, or one unsatisfactory rating, the licensee shall be subject to the following charges:
[Added 2-15-2006]
(1) 
First reinspection: $100.
(2) 
Each subsequent reinspection: $100.
[Amended 9-4-2012 by Ord. No. 1511-12]
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.[1]
[1]
Editor's Note: Original Section 357.13, Licensing of milk and milk products, added 5-18-1981, which immediately followed this section, was repealed 2-15-2006.
[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.
[Amended 9-4-2012 by Ord. No. 1511-12]
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.
[Amended 9-4-2012 by Ord. No. 1511-12]
A. 
All food and beverage vending machines must be inspected by the Monmouth County Board of Health annually.
B. 
Other food and beverage machines must be inspected by the Monmouth County Board of Health.
A. 
The fees for permits and licenses under this article shall be payable annually on July 1 as follows:
(1) 
Distributors permit fee: $25 per year.
(2) 
Location license fee: $5 per machine per year.
B. 
Fees shall be paid to the Hazlet Township Health Services.
[Amended 9-4-2012 by Ord. No. 1511-12]
[Amended 9-4-2012 by Ord. No. 1511-12]
A. 
Applications for permits or licenses shall be made to Hazlet Township Health Services in accordance with N.J.A.C. 8-24.
B. 
Permits and licenses shall not be transferable.
[Amended 9-4-2012 by Ord. No. 1511-12]
Permits and licenses under this article may be suspended or revoked by the Monmouth County Board of Health in accordance with the provisions of this chapter.