[HISTORY: Adopted by the Board of Health of the Township of Hanover 5-11-1966 by Ord. No. BH4-66. Amendments noted where applicable.]
A code regulating retail food-handling establishments, providing for the inspection of such establishments and fixing penalties for violation is hereby established pursuant to N.J.S.A. 26:3-69.1 to 3-69.6. A copy of said code is annexed hereto and made a part hereof without the inclusion of the text thereof herein.
[Amended 10-14-1988 by Ord. No. BH1-88]
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, of the New Jersey State Sanitary Code (1983), as amended and supplemented from time to time.
[Amended 10-14-1988 by Ord. No. BH1-88]
Three copies of said Chapter XII of the New Jersey State Sanitary Code have been placed on file in the office of the Secretary of this local Board of Health.
A. 
No person shall operate a retail food-handling establishment unless a permit to operate the same shall have been issued by this Board of Health. Such permit shall be posted in a conspicuous place in such establishment.
B. 
Permits issued or approved under the provisions of this chapter shall expire annually on July 1 of each year, and applications for renewal thereof shall be submitted, together with the required fee, prior to June 15 of each year.
C. 
A 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.
D. 
A permit issued by another Board of Health is not transferable.
E. 
No person shall operate a temporary food establishment, as defined in the latest revision of Chapter XII of the New Jersey State Sanitary Codes, Sanitation in Retail Food Establishments and Food and Beverage Vending Machines, unless a permit to operate the same shall have been issued by this Board of Health. Such permit shall be posted in a conspicuous place in the establishment. A fee as provided in Chapter 284, Fees, of the Code of the Township of Hanover shall be charged for the approval and issuance of said permit.
[Added 2-8-1995 by Ord. No. BH1-95]
[Amended 4-9-1975 by Ord. No. BH1-75; 10-14-1988 by Ord. No. BH1-88]
A. 
To conduct, maintain or operate a food-handling establishment selling or dispensing food or drinks, whether or not to be consumed upon the premises where the same are sold or dispensed, there shall be a fee as provided in Chapter 284, Fees, of the Code of the Township of Hanover.
[Amended 2-10-1993 by BH2-93]
B. 
No fee shall be charged for a license when the same is issued to:
(1) 
A hospital.
(2) 
A church.
(3) 
A school not operated for profit.
(4) 
Any organization, society or group when the license is requested for a purpose from which no profit is planned.
[Amended 11-12-1969 by Ord. No. BH3-69; 4-9-1975 by Ord. No. BH1-75; 10-14-1988 by Ord. No. BH1-88; 2-10-1993 by Ord. No. BH2-93]
A person conducting an itinerant retail food-handling establishment by means of a mobile unit shall secure a permit, or, if such person is a holder of a permit issued by the Board of Health of another jurisdiction, said permit may be approved by this Board of Health, and there shall be a fee as provided in Chapter 284, Fees, of the Code of the Township of Hanover for each such approval.
[Added 4-9-1975 by Ord. No. BH1-75; amended 10-14-1988 by Ord. No. BH1-88; 2-10-1993 by Ord. No. BH2-93]
No person shall operate a food-handling establishment from which a catering service is conducted or an establishment where catered food is served unless a permit to operate the same shall have been issued by this Board of Health. Such permit shall be posted in a conspicuous place in such establishment. A fee as provided in Chapter 284, Fees, of the Code of the Township of Hanover shall be charged for the approval and issuance of said permit.
[Added 3-12-1980 by Ord. No. BH1-80]
A. 
All retail food establishment operators, managers and/or owners shall attend each annual food-handlers' course sponsored by the Board of Health of the Township of Hanover or other Board of Health approved sponsors.
B. 
The satisfactory completion of said course shall be a prerequisite for permit issuance.
C. 
The requirements of this section may be voided by the Health Officer or the Board of Health when a particular establishment achieves two consecutive satisfactory inspection results prior to the licensing period.
[Added 10-14-1988 by Ord. No. BH1-88; 2-10-1993 by Ord. No. BH2-93]
A. 
Whenever additional inspections are necessitated by reason of classification of a retail food establishment as "conditionally satisfactory" or "unsatisfactory" (beyond one initial reinspection), the owner(s) shall be assessed and the Board reimbursed for the cost of such inspections at a rate as provided in Chapter 284, Fees, of the Code of the Township of Hanover.
B. 
Whenever resampling and microbiological analysis of hazardous foods are necessitated by reason of unsatisfactory results, the owner(s) of the retail food establishment shall be assessed and the Board reimbursed for the costs of resampling and microbiological analysis of hazardous foods at a rate as provided in Chapter 284, Fees, of the Code of the Township of Hanover.
[Added 10-14-1988 by Ord. No. BH1-88]
In addition to the minimum toilet and handwashing facilities established by the State Sanitary Code for employees of food-handling establishments, any food-handling establishment designed for on-premises consumption shall provide at least the following minimum handwashing and toilet facilities for use by patrons:
Patron Seating Capacity
Minimum Facilities for Each Sex*
1 to 49
1 toilet and 1 handwashing basin
50 to 99
2 toilets and 2 handwashing basins
100 to 150
3 toilets and 3 handwashing basins
Over 150
1 additional unit for each additional 50 patrons or fraction thereof
*NOTE: Toilet facilities for males may be reduced by 1/3 by substituting urinals.
[Amended 10-14-1988 by Ord. No. BH1-88]
Any person who violates any provision of or order promulgated under this chapter or code established herein shall, upon conviction thereof, be liable to a penalty of not less than $2 nor more than $500 for each violation, within the discretion of the Judge. Each day that a particular violation continues shall constitute a separate offense.
[Added 10-11-2017 by Ord. No. BH2-2017]
Every establishment must post the most current evaluation placard according to the following requirements. The evaluation placard must be posted in one of the following prominent locations clearly visible to the patron:
A. 
The main entrance door from four to six feet off the ground or floor;
B. 
A front window within five feet of the main entrance;
C. 
A display case mounted on the outside wall within five feet of the main entrance.
D. 
If there is no direct entrance from the street, the establishment must immediately contact the Health Department and request a determination as to an appropriate posting location in prominent viewing.