[HISTORY: Adopted by the Township Council of the Township of Evesham 7-5-1972 by Ord. No. 12-7-1972. Amendments noted where applicable.]
[Amended 5-7-1974 by Ord. No. 17-5-74; 2-4-1975 by Ord. No. 9-2-75; 11-1-1977 by Ord. No. 40-11-77; 11-12-2003 by Ord. No. 24-11-2003]
License required. It shall be unlawful for any person or any body corporate to conduct a retail food establishment, as defined in and governed by Chapter 12, Construction, Operation and Maintenance of Retail Food Establishments, of the State Sanitary Code, without first having procured a license from the local Board of Health, so to do, or without complying with any or all of the provisions concerning the operation and maintenance of the same as contained in said Chapter 12 of the State Sanitary Code. This license shall be renewed annually, on February 1 of each year.
Food manager training.
Every retail food establishment shall be required to have at least one food manager, with food sanitation and safety training, to supervise food preparation on the premises. Food establishments that do not have any on-site preparation of potentially hazardous foods are exempt from this requirement.
Upon request, the owner/manager of a retail food establishment shall provide to the local Board of Health satisfactory proof they have taken an approved course in food sanitation and safety. It shall be the responsibility of the Burlington County Health Department to enforce this section of the Code.
If a facility does not meet the requirements of this section, the Board can grant a temporary waiver of six months provided immediate action is taken to insure compliance with this section.
The training course must be a minimum of eight hours and must be approved by the Burlington County Health Department. The following are also acceptable: a course in food safety and sanitation approved by the New Jersey Department of Health and Senior Services or a current valid food manager's certification issued by the Educational Testing Service.
Food managers shall satisfactorily complete a refresher course approved by the Board in food safety and sanitation every three years.
The food manager certification shall be prominently posted on the premises.
[Amended 2-4-1975 by Ord. No. 8-2-75; 11-1-1977 by Ord. No. 40-11-77]
The fees for the licensure of retail food establishments are as set forth in Chapter 72, Fees, of this Code.
Any license issued under the terms and provisions of this chapter may be suspended or revoked by the local Board of Health of the Township of Evesham for the violation by the licensee of any provision of this chapter or Chapter 12, Construction, Operation and Maintenance of Retail Food Establishments, of the State Sanitary Code, 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 or the State of New Jersey or any ordinance of this municipality, or that the person or persons conducting the retail food establishment are 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 a purpose foreign to that for which the license was issued.
[Amended 11-1-1977 by Ord. No. 40-11-77]
A license 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 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 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 governing body 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.