[HISTORY: Adopted by the Township Committee of the Township of Franklin 6-7-1990 by Ord. No. 90-6 (Ch. 78 of the 1988 Code). Amendments noted where applicable.]
As used in this chapter, the following terms shall be defined as indicated:
- BOARD OF HEALTH and BOARD
- The local municipal health agency.
- CHAPTER XII OF THE STATE SANITARY CODE OF NEW JERSEY
- Chapter XII Sanitation in Retail Food Establishments and Food and Beverage Vending Machines.
- COUNTY DEPARTMENT and DEPARTMENT OF HEALTH
- The Hunterdon County Department of Health.
- Any raw, cooked, processed edible substances, water, ice, beverage or ingredient used or intended for use or for sale in whole or in part for human consumption.
- Any federal, state and local statutes, ordinances and regulations.
- MOBILE RETAIL FOOD ESTABLISHMENTS
- Any movable restaurant, truck, trailer van, 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.
- NONPROFIT/COMMUNITY SERVICE ORGANIZATIONS
- Those organizations which are exempted from tax by the United States Internal Revenue Service and which present to the Board of Health a tax exemption number which has been issued to them by that federal agency.
- PERMANENT FOOD ESTABLISHMENT
- One in continuous service for more than 30 days.
- PERMANENT FOOD LICENSE
- The license required by any food establishment operating under permanent conditions and shall be renewed annually.
- Organizations, corporations, unincorporated associations, individuals, persons, and group of two or more persons, or any other entity, excluding nonprofit/community service organizations.
- RETAIL FOOD ESTABLISHMENT
- Any fixed or mobile restaurant; coffee shop; cafeteria; short-order cafe; luncheonette; grill; tearoom; sandwich shop; soda fountain; tavern; bar; cocktail lounge; nightclub; roadside stand; industrial eating establishment; private, public or nonprofit organization, institution or group preparing, storing or serving food; catering kitchen; commissary; box-lunch establishment; retail bakery; meat market; delicatessen; grocery store; public food market or any similar place in which food or drink is prepared for retail sale or service on the premises or elsewhere, and any other retail eating or drinking establishment or operation where food is served, handled or provided for the public with or without charge, except that agricultural markets, covered-dish suppers or similar type of church or nonprofit-type institution meal services shall meet the special provisions of N.J.A.C. 8:24-8, provided further that any food and beverage vending machine shall meet the requirements of N.J.A.C. 8:24-11.
- STATE DEPARTMENT and DEPARTMENT OF HEALTH
- The New Jersey State Department of Health.
- TEMPORARY FOOD CONCESSION
- One in continuous service for more than three days but not more than 30 days.
- TEMPORARY FOOD CONCESSION LICENSE
- The license required by any retail food establishment operating under temporary conditions, with a duration of more than three days, but not to exceed 30 days.
- TEMPORARY FOOD STAND
- One in continuous service for not more than three days.
- TEMPORARY FOOD STAND LICENSE
- The license required by any retail food establishment operating under temporary conditions, with a duration of three days or less.
- TEMPORARY RETAIL FOOD ESTABLISHMENT
- Any retail food establishment which operates at a fixed location for a temporary period of time in connection with a fair, carnival, circus, public exhibition or similar transitory gathering, including church suppers, picnics or similar organizational meetings, mobile retail food establishments, as well as agricultural markets.
It shall be unlawful for any person or any body corporate to conduct a retail food establishment as defined in and governed by Chapter XII of the State Sanitary Code of New Jersey, without first having procured an annual license from the Board of Health of the Township of Franklin and without complying with any or all of the provisions in the aforementioned Chapter XII of the State Sanitary Code of New Jersey.
No retail food establishment license shall be issued unless the retail food establishment shall have in its possession and on display a current satisfactory inspection certificate from the Hunterdon County Department of Health dated within 12 months of the application for said license.
The food license shall also be conspicuously displayed at the food establishment.
[Amended 4-4-1991 by Ord. No. 91-7]
The annual fee for a permanent food license for a retail food establishment, as defined in Chapter XII of the State Sanitary Code is hereby fixed at the amount stated in Chapter 182, Fees, and such further sums as may be charged by the County Health Department. The aforesaid annual fee shall be waived if the licensee is a nonprofit/community service organization as defined in this chapter.
The licenses shall be effective for a period of one year, commencing annually on January 1 and renewable for succeeding years thereafter upon payment of the annual fee (if applicable) and compliance with the requirements of this chapter and all other applicable laws and regulations.
Applications for retail food establishment licenses shall be on forms prescribed by the Board of Health, and the required fee shall be submitted to the Board of Health at least 20 days prior to the date of requested issuance or renewal.
[Amended 4-4-1991 by Ord. No. 91-7]
No person shall conduct, maintain or operate a temporary food stand or concession in the Township of Franklin who does not possess the appropriate temporary license from the Board of Health.
Each such temporary license shall not be transferable and shall continue in full force for a period not to exceed 30 days from issuance unless sooner revoked or suspended.
Every owner or operator of a temporary food establishment shall be required to obtain a temporary license for each establishment. The license procedure for such temporary license, as well as a permanent license, is as follows:
Each applicant for a temporary food license or a permanent food license shall complete the application and provide all information requested on the application. When requested to do so, each applicant shall provide satisfactory proof to the Board of Health of any representation contained in the application. Failure to do so shall result in a denial of a license. If there is a material misrepresentation or omission in an application, any temporary license or permanent license issued on the basis of same or aforesaid application shall be revoked or suspended.
There shall be an application fee as established by Chapter 182, Fees, of the Code of the Township of Franklin, per temporary license. The aforesaid fee shall be waived if the license shall be a nonprofit/community service organization, as defined in this chapter, or a local government, public school, volunteer fire department, rescue squad or recreational sports organization.
[Amended 4-18-2002 by Ord. No. 2002-03]
This fee shall accompany the application for the license, which shall be made at the Board of Health not less than five business days prior to the commencement of operation of the temporary food concession. The Board of Health shall issue such license not later than two days before the license is required to operate.
Such license shall be conspicuously displayed in a prominent place at the temporary food concession.
Any temporary food stand which will be operating for less than a three-day period shall require a temporary food stand permit. The application fee for such permit shall be as established by Chapter 182, Fees, of the Code of the Township of Franklin. The aforesaid annual fee shall be waived if the licensee shall be a nonprofit/community service organization, as defined in this chapter, or a local government, public school, volunteer fire department, rescue squad or recreational sports organization. The owner/operator of such temporary food stand shall also conduct, maintain and operate his/her food stand in compliance with the requirements of this chapter herein and all other applicable laws and regulations.
[Amended 4-18-2002 by Ord. No. 2002-03]
Any temporary food concession in operation for more than three days, but not to exceed 30 days, shall obtain a temporary food concession license.
Any movable restaurant, truck, van, etc., shall be defined as a "mobile retail food establishment" and shall require an annual food license or a temporary food license or permit depending on the duration of which the mobile unit will be in operation in the Township. In addition, all mobile units must file with the Franklin Township Board of Health an approved peddler's license in accordance with Chapter 144, of the Township Code.
Any license issued under the terms and provisions of this chapter may be suspended or revoked by the Board of Health of this municipality for the violation by the licensee of any provision of this chapter or the Chapter XII of the State Sanitary Code of New Jersey, or whenever it shall appear that the business, trade, calling, profession or occupation of the person, firm, or corporation to whom such license was issued, is conducted in a disorderly or improper manner, or in violation of any law of the United States, State of New Jersey, 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 has been issued is being abused to the detriment of the public, or is being used for the purpose foreign to that for which the license was issued.
A license issued under the terms and provisions of this chapter shall not be revoked, cancelled 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 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 cancelling or suspending such license. Notice may 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 upon said license. At the hearing before the Board of Health, the person aggrieved shall have an opportunity to answer and may thereafter be heard, and upon due consideration and deliberation by the Board of Health, the complaint may be dismissed, or if the Board 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 Township, unless the application for such license shall be 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.
This chapter is being enacted pursuant to N.J.S.A. 40:52-1.
The Board of Health of the Township of Franklin shall be responsible for the administration and enforcement of this chapter.
Any person, firm or corporation who shall violate any of the provisions of this chapter shall, upon conviction, be punished as provided in Chapter 1, Article I, General Penalty, and each violation of any of the provisions of this chapter, and each day the same is violated shall be deemed and taken to be a separate and distinct offense.