[Ord. No. BOH 2004-1, § 1]
a.
License Required. It shall be unlawful for any person to conduct a retail food establishment, as defined in and governed by Chapter 12, N.J.A.C. 8:24-1 "Sanitation In Retail Food Establishments and Food and Beverage Vending Machines," provisions of this chapter, all other State and Federal regulations, and all revisions thereto, without first having procured a license from the Hopewell Borough Board of Health, or its duly authorized agent, and without complying with any or all of the provisions concerning operation and maintenance of the same as contained in the aforementioned Administrative Code.
1.
Changes in owner or operator shall require a new license.
2.
Licenses shall be issued annually and expire June 30.
3.
Fees shall be determined by size of facility and or extent of food
service provided.
4.
The annual fee for licensure is as follows:
(a)
Retail food establishments fixed location: $50.
(b)
Retail food establishment with limited preparation of nonhazardous
foods. Including but not limited to day care centers, coffee service
only facilities, alcoholic beverage facilities, mobile units: $25.
(c)
Establishment temporary or for less than 10 days per year: $25.
(d)
Retail food establishments which sell prepackaged food or beverage
items or agricultural items which require no food preparation, including
but not limited to pharmacies, farm stands, package stores: $25.
(e)
Organizations not for profit, who maintain a retail food establishment
as an incident of their activities: $25.
b.
Retail food establishment owners and or managers shall attend annually
a food handling program offered by the Hopewell Township Health Department,
another Health Department, Mercer County Health Officer's Association
and or any other program approved by the State Department of Health
and Senior Services. Proof of attendance must be provided at time
of license renewal.
c.
Owner or manager shall offer and or conduct for all employees an
annual program on the basic principles of proper food handling, storage,
preparation and sanitation methods as defined by State regulations
and or the FDA Food Code.
d.
Menus and floor and equipment plans shall be submitted and reviewed
by the health department in conjunction with any new facilities, renovations,
repair or alteration of all existing facilities and the issuance of
any permits by the municipal construction office for said construction,
renovation, repair or alteration.
1.
Changes in owner or operator shall be considered a new facility and
must comply with this provision. Renovations or alterations may be
required.
e.
All facilities shall have at a minimum the following sinks: one three-compartment
sink with dual drain boards, a separate pre-scrub/soak sink, at least
one food preparation sink per food preparation area to prevent cross
contamination of raw and cooked foods, one maintenance/utility sink,
hand sink with paddle or foot operation and soap and towel dispenser
located within each food preparation area, food service line, customer
self-service areas/counters and in dishwasher/manual cleaning areas,
and no greater than 15 feet from any person positioned within the
station. The specific number and location will be determined by the
magnitude of the food services being provided. Dishwashers when included
do not replace the required sinks necessary for manual wash, rinse
and sanitize operations. Chemical sanitizers or gloves may not be
substituted.
f.
Potable well water reports if applicable must be provided to the
Hopewell Township Health Department by the facility operator/laboratory
on a quarterly basis or at a frequency determined by the Health Department
or by the safe drinking water regulations based on population served
or quality issues.
g.
Septic tank and or grease trap tank pump out and maintenance reports
must be submitted annually with the license renewal.
h.
All retail establishments shall post hand-washing signs in all toilet
facilities and in areas of food preparation. Signs must provide information
on acceptable handwashing procedures. The department must approve
all other signs not issued by the health department.
i.
Display of Fetal Alcohol Syndrome (FAS) Warning signs. All licensees
under this section who sell alcoholic beverages shall prominently
post on their premises a warning of the dangers to the unborn children
of women who consume alcoholic beverages while pregnant. The nature
and type of warning signs shall be those prepared and distributed
by the Mercer Council on the Alcoholism and Drug Addiction.
[Ord. No. BOH 2004-1 § 1]
a.
Permit Required. It shall be unlawful for any person to operate food
and beverage vending machines, 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:
1.
Engage in the operation of one or more machines or devices offered for public use which, upon insertion of a coin, coins 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, without first having applied to and procured a permit per machine from the Board of Health of this municipality so to do, and without complying with any and all of the provisions of Chapter 12, N.J.A.C. 8:24-1 "Sanitation In Retail Food Establishments and Food and Beverage Vending Machines."
2.
Maintain or permit to be maintained on or in any location in this municipality, one or more machines or devices offered for public use which, upon insertion of a coin, coins 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, without first having applied to and procured a license 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 Chapter 12, N.J.A.C. 8:24-1 "Sanitation In Retail Food Establishment and Food and Beverage Vending Machines."
b.
Permit fee per machine: $10 per site and $5 per machine.
c.
Application for and Issuance of Permits. Application for and issuance of the permits referred to in Section 18-2a shall be made in conformity with the provisions of this chapter and Chapter 12, N.J.A.C. 8:24-1 "Sanitation In Retail Food Establishments and Food and Beverage Vending Machines." Such permits are not transferable.
d.
Interstate Commerce. No provisions of this section shall be applied
so as to impose any unlawful burden on either interstate commerce
or any activity of the State or Federal government.
[Ord. No. BOH 2004-1 § 1]
a.
License Required. It shall be unlawful for any person to operate child care/adult day care centers as defined in and governed by Chapter 122, Manual of Requirements for Child Care Centers, N.J.A.C. 10:122 without first having procured a retail food license from the Hopewell Borough Board of Health or its duly authorized agent, and without complying with any or all of the provisions concerning operation and maintenance of the same as contained in the aforementioned Administrative Code, N.J.A.C. 10:122 requires all centers to provide some level of food service. Therefore, they must also comply with Chapter 12, N.J.A.C. 8:24-1 "Sanitation In Retail Food Establishments and Food and Beverage Vending Machines," provisions of this section, all other State and Federal regulations, and all revisions thereto.
1.
Changes in owner or operator shall require a new license.
2.
Licenses shall be issued annually and expire June 30.
3.
Fees shall be determined by size of facility and or extent of food
service provided.
4.
The annual fee for licensure is as follows:
Establishments at fixed location: $50.
(The fee shall be the same as in BH1-1a,4 if full meals are
prepared on site)
b.
Owners and or managers of these retail food establishments shall
attend annually a food handling program offered by the Township Health
Department, another Health Department, Mercer County Health Officer's
Association and or any other program approved by the State Department
of Health and Senior Services. Proof of attendance must be provided
at time of license renewal.
c.
Owner or manager shall offer and or conduct for all employees an
annual program on the basic principals of proper food handling, storage,
preparation and sanitation methods as defined by State regulations
and or the FDA Food Code.
d.
Menu and floor and equipment plans shall be submitted and reviewed
by the Health Department in conjunction with any new facilities, renovations,
repair or alteration of all existing facilities and the issuance of
any permits by the municipal construction office for said construction,
renovation, repair or alteration.
1.
Changes in owner or operator shall be considered a new facility and
must comply with this provision. Renovations or alterations may be
required.
e.
All facilities shall have at a minimum one of each of the following
sinks; three-compartment sink with dual drain board, a separate pre-scrub/soak
sink, food preparation sink, maintenance/utility sink, and a hand
sink located in each food preparation area, food service line, and
customer self-service areas/counters and in dishwasher/manual cleaning
areas. The specific number and location will be determined by the
magnitude of the food server being provided. Dishwashers when included
do not replace the required sinks necessary for manual wash, rinse
and sanitize operations. Chemical sanitizers or gloves may not be
substituted.
f.
Potable water reports if applicable must be provided to the Hopewell
Township Health Department by the facility operator/laboratory on
a quarterly basis or at a frequency determined by the Health Department
or by the safe drinking water regulations based on population served
or quality issues.
g.
Septic tank and grease trap tank pump out and maintenance reports
must be submitted annually with the license renewal.
h.
All centers shall post hand-washing signs in all toilet facilities
and in areas of food preparation. Signs must provide information on
acceptable hand-washing procedures. Unless provided by the Health
Department the all other signs must be approved by the Department.
[Ord. No. BOH 2004-1 § 1]
a.
License Required. It shall be unlawful for any person to operate a public recreational bathing facility as defined in and governed by Chapter 9, Public Recreational Bathing of the New Jersey State Sanitary Code, N.J.A.C. 8:26-1, provisions of this chapter, all other State and Federal regulations, and all revisions thereto, without first having procured a license from the Hopewell Borough Board of Health or its duly authorized agent and without complying with any or all of the provisions concerning operation and maintenance of the same as contained in the aforementioned Administrative Code.
b.
In the event a food service facility is part of the operation or a separate concession, a retail food license must also be secured and all provisions of Section BH1-1, Retail Food Establishments, of this chapter must be met.
c.
Potable water reports if applicable must be provided to the Hopewell
Township Health Department by the facility operator/laboratory on
a quarterly basis or at a frequency determined by the Health Department
or by the safe drinking water regulations based on population served
or quality issues.
d.
Septic tank and grease trap tank pump out and maintenance reports
must be submitted annually with the license renewal.
[Ord. No. BOH 2004-1 § 1]
a.
License Required. It shall be unlawful for any person to operate a health and fitness recreational facility not specifically covered by Section BH1-4, Public Recreational Bathing, of this chapter as a recreational bathing facility without first having procured a license from the Hopewell Borough Board of Health or its duly authorized agent, and without complying with all of the provisions of this section and Subchapter 6 "General Sanitation and Maintenance" of N.J.A.C. 8:26-6 concerning construction and maintenance of the facilities as contained in the aforementioned Administrative Code.
b.
In the event a food service facility is part of the operation or a separate concession a retail food license must also be secured and all provisions of Section BH1-1, Retail Food Establishments, of this chapter must be met.
c.
Potable water reports if applicable must be provided to the Hopewell
Township Health Department by the facility operator/laboratory on
a quarterly basis or at a frequency determined by the Health Department
or by the safe drinking water regulations based on population served
or quality issues.
d.
Septic tank and grease tank pump out and maintenance reports must
be submitted annually with the license renewal.
e.
Floor and equipment plans for all new facilities and or the renovation,
repair or alteration of all existing facilities shall be submitted
and reviewed by the Health Department prior to issuance of any permits
by the municipal construction office for said construction, renovation,
repair or alteration.
f.
Hand sinks shall also be located in all locker areas, bathrooms and
within any workout rooms or aerobic areas for use by members in those
areas. Hot and cold water, soap and paper towels or dryers shall be
provided.
g.
At least one water fountain shall be provided with a cold-water extended
fill faucet for filling bottles.
[Ord. No. BOH 2004-1 § 1]
The New Jersey Youth Camp Safety Standards, N.J.A.C. 8:25.1
et seq., May 4, 1998, and any amendments or revisions thereto shall
govern youth camps.
[Ord. No. BOH 2004-1 § 1]
The New Jersey State Sanitary Code, Chapter 11, Public Campgrounds, N.J.A.C. 8:22-1 et seq., July 10, 1996, and any amendments or revisions thereto shall govern public campgrounds.
[Ord. No. BOH 2004-1 § 1]
a.
Enforcement. Whenever the Health Officer or his/her designee reasonably
believes a violation of this chapter exists, he/she may issue a summons
and complaint not later than 30 days after discovery of the violation.
The complaint shall be written and shall state with reasonable particularity
the nature of the violation, including reference to the section of
this chapter violated. The complaint shall be delivered by the police
or sent by certified mail to the owner or operator.
The Health Officer or his/her designee charged with enforcement
of this chapter after giving proper identification may inspect any
matter, thing, premises, place, person, record, vehicle, incident
or event as necessary.
It shall be unlawful for any person to molest, willfully oppose,
verbally abuse or otherwise obstruct the Health Officer or his/her
designee in the conducting of ones official duties.
b.
Suspension or Revocation of License. Any license issued under the
terms and provisions of this chapter may be suspended or revoked by
the Board of Health of this Borough for violation by the licensee
of any provisions of this chapter.
Grounds for revocation shall include but not be limited to:
1.
A licensee being issued three evaluations of conditionally satisfactory
as defined in N.J.A.C. 8:24-9.11 within a twelve-month period.
2.
A licensee being issued two or more summons within a twelve-month
period for similar violations of State law or local ordinances and
found guilty of the offense on two or more incidents.
3.
A licensee failing to adhere to an order (as defined by N.J.A.C.
8:24-9.6) issued by the Health Department requiring the establishment
to be closed in order to protect the public health.
4.
A licensee failing to adhere to an order (as defined by N.J.A.C.
8:24-9.6) issued by the Health Department requiring any employee of
the retail food establishment suspected of being ill or infected with
a disease, or suspected of being a carrier of a disease, which may
be transmitted through food, to leave the establishment and refrain
from returning to work in or about such establishment until permission
is granted by the Health Department.
5.
A licensee failing to adhere to an order to embargo in accordance
with N.J.S.A. 24 any food, drug, device or cosmetic.
6.
A licensee selling or providing tobacco or alcohol to any person
in violation of State law or local ordinance.
7.
Whenever it shall appear that the business, trade, calling, profession
or occupation of the person to whom such license 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 any ordinance of this municipality
or is being used for a purpose foreign to that for which the license
was issued.
c.
Hearing. A license issued under the terms and provisions of this
section shall not be revoked, cancelled or suspended until the Board
of Health thereon shall have had a hearing. Written notice of the
time and place of such hearing shall be served upon the licensee 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. Notice shall be
given either by personal delivery thereof to the person to be notified
or be deposited in the United States Post Office in a sealed envelope,
postage prepaid, addressed to such person to be notified at the business
address appearing on said license. At the hearing before the Board
of Health, the complaint may be dismissed, or if the Board of Health
concludes that the charges have been sustained and substantiated,
it may revoke, cancel or suspend the license held by the licensee.
If any such license shall have been 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 Borough
unless the application for such license shall be approved by the Board
of Health.
d.
Application. 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 of Federal Government.
e.
Severability. If any section, subsection or paragraph of this chapter
is declared to be unconstitutional, invalid, or inoperative, in whole
or in part by a court of competent jurisdiction, such determination
shall be deemed not to invalidate the remaining sections, subsections
or paragraphs of this chapter.
f.
This chapter shall be liberally construed for the protection of the
health, safety and of welfare of the people of Borough of Hopewell.
g.
Penalty. Unless another penalty is expressly provided by New Jersey
statute, every person convicted of a violation of a provision of this
chapter or any supplement thereto shall be liable to a fine not exceeding
$1,000 nor less than $200 for each violation, imprisonment for a term
not exceeding 90 days or a period of community service not exceeding
90 days, or any combination thereof.
