[HISTORY: Adopted by the Mayor and Council of the Borough of Shrewsbury 11-5-1984
by Ord. No. 514 (Ch. 101 of the 1973 Code). Amendments noted
where applicable.]
A code regulating retail food establishments, providing for the inspection
of such establishments and fixing penalties for violations is hereby established
pursuant to N.J.S.A. 26:3-69.1 to 26:3-69.6 and N.J.S.A. 26:3-92 and 26:3-93.
A copy of the said code is annexed hereto and made a part hereof without the
inclusion of the text thereof herein set forth.
[Amended 6-7-2004 by Ord. No. 838]
The said code established and adopted by this chapter is described and
commonly known as "Chapter XII, Sanitation in Retail Food Establishments and
Food and Beverage Vending Machines, New Jersey State Sanitary Code."
[Amended 6-7-2004 by Ord. No. 838]
Three copies of the said "Chapter XII, Sanitation in Retail Food Establishments
and Food and Beverage Vending Machines, New Jersey State Sanitary Code" have
been placed on file in the office of the Clerk of the Borough of Shrewsbury
upon the introduction of this chapter and will remain on file there until
final action is taken on this chapter for the use and examination of the public.
A.
No person shall operate a retail food establishment unless
a permit or approval of an existing permit to operate same shall have been
issued by this Board of Health. Such permit shall be posted in a conspicuous
place in such establishment.
B.
Fees for licensing of retail food establishments are
hereby fixed in accordance with the current fee schedule adopted by the Monmouth
County Regional Health Commission, "Ordinance No. 1 Regulating Retail Food
Establishments for Licensing and Fixing Fees."[1]
[Amended 6-7-2004 by Ord. No. 838]
[1]
Editor's Note: Said ordinance of the Monmouth County Regional Health
Commission is on file in the Borough Clerk's office.
C.
Permits issued or approved under the provisions of this
chapter shall expire annually on December 31 of each year, and application
for renewal thereof shall be submitted, together with the required fee, to
the Board of Health, prior to January 31 of each ensuing year.
[Amended 6-7-2004 by Ord. No. 838]
D.
A person conducting an itinerant retail food-handing
establishment shall secure a permit in accordance with the Monmouth County
Regional Health Commission Ordinance No. 1.
[Amended 6-7-2004 by Ord. No. 838]
E.
A permit or approval of permit may be suspended or revoked
for a violation by the holder of any provision of this chapter or code, after
an opportunity for a hearing by the Board of Health or its authorized representative.
F.
A permit or approval of a permit issued by another Board
of Health is not transferable.
G.
Fees for licensing of food and beverage machines are
hereby fixed in accordance with the current fee schedule adopted by the Monmouth
County Regional Health Commission, "Ordinance No. 4 Regulating Food and Beverage
Vending Machines for Licensing and Fixing Fees."[2]
[Added 6-7-2004 by Ord. No. 838]
[2]
Editor's Note: Said ordinance of the Monmouth County Regional Health
Commission is on file in the Borough Clerk's office.
The said Board of Health and its agents or employees shall have the
right of entry, at any reasonable hour, into and upon any public or private
building or premises for the purpose of enforcing the provisions of such code
and of this chapter or determining whether such provisions or the rules and
regulations of the Board of Health are being complied with and obeyed. No
person shall oppose such entry or hinder or interfere with the Board of Health
or its agents or employees in the performance of their duties.
The license fees covered pursuant to the provisions of this chapter
shall be paid to the Borough of Shrewsbury.
The license of any retail food establishment covered under this chapter
is not transferable upon the sale of such retail food establishment, and the
new owner of any such retail food establishment must apply for a new license
and pay the appropriate fee provided for in this chapter.
A.
Any person who violates any provision of this chapter
or code established herein shall, upon conviction, be subject to a fine of
not less than $50 nor more than $1,250, a term of imprisonment not exceeding
90 days or a period of community service not exceeding 90 days, or any combination
thereof. Each day a particular violation continues shall constitute a separate
offense.
B.
In the event that any violation of this chapter or code
shall also be a violation of a New Jersey state law, for which a greater penalty
is provided for than that contained in the aforesaid code and this chapter,
the Municipal Judge, before whom the complaint is brought, based upon such
violation, shall, in his discretion, have the right to impose, in the place
and in lieu of any penalty provided for herein, that which is so provided
for in the New Jersey state law which has been so violated.
