[HISTORY: Adopted by the Board of Health of the Township of Little Egg Harbor; see Ch. 345, General Provisions, Board of Health, Art. I. Amendments noted where applicable.]
It shall be unlawful for any person or any body corporate to conduct a retail food establishment as defined in and governed by the Retail Food Establishment Code of New Jersey (1965) established by ordinance of the Board of Health of the Township of Little Egg Harbor effective July 11, 1972, without having procured a license from the local Board of Health to do so or without complying with any or all of the provisions concerning operation and maintenance of the same as contained in the aforementioned Retail Food Establishment Code of New Jersey (1965).
The fees shall be as follows:
The licensee-employer shall be responsible for the health and disease controls of every one of their employees. If the licensee-employer has reason to suspect that any employee has contracted any disease in a communicable form which could result in foodborne disease or has become a carrier of such disease, he shall advise the employee to contact his physician for treatment and shall relieve him of duties relating to food handling or food contact surfaces.
Any license issued under the terms and provisions of this chapter may be suspended or revoked by the Board of Health of the Township for the violation by the licensee of any provision of this chapter or the Retail Food Establishment Code of New Jersey (1965) 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, the 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 a purpose foreign to that for which the license was issued.
Hearing; notice. 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, 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.
Approval required to reinstate revoked license. 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 business within the Township unless the application for such license shall be approved by the Board of Health.
Any license issued hereunder shall be posted in a conspicuous place in such establishment. However, all mobile food establishments shall have a decal issued by Little Egg Harbor Township Board of Health, which shall set forth in writing that the licensee possesses a certified license issued by the Township Board of Health, and in addition, said decal shall be displayed and maintained by the licensee on the exterior right side of the mobile vehicle and shall be visible at all times.
Licenses issued or approved under the provisions of this chapter shall be either a seasonal business license or a yearly business license. Applications for seasonal licenses and renewal thereof shall be submitted together with the required fee 30 days prior to the commencement of business of each year. Application for a yearly business license and renewal thereof shall be submitted together with the required fee prior to December of each year. Seasonal business licenses shall expire annually upon the termination of the season. Yearly business licenses shall expire annually on the first day of January of each year.
"Seasonal" or "season" shall mean that period of time in each year which is generally from May 15 to September 15.
The licensee and any and all persons employed or permitted to work for any person or any body corporate to whom a license has been issued shall have obtained a food handler's certificate issued by the Board of Health of the Township. Such food handler's certificate shall evidence that such person has been medically examined, including tuberculosis tests, and presents no evidence of any communicable disease. Proof of such examination shall be submitted to the Board of Health or its designated representative by a duly licensed physician of the State of New Jersey on forms or blanks which may be obtained without cost from the Secretary of the Board of Health or his or her authorized representative.
No provisions 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.
Regulations adopted. Regulations 1 through 9, inclusive, under Chapter 12, Construction, Operation and Maintenance of Retail Food Establishments, of the New Jersey State Sanitary Code and fixing penalties for violations is hereby established pursuant to N.J.S.A. 26:3-69 to 26:3-69.6. A copy of the regulations is annexed hereto and made a part hereof without the inclusion of the text herein.
Title of regulations. The regulations established and adopted by this section are commonly known as "Chapter 12, Construction, Operation and Maintenance of Retail Food Establishments" under the New Jersey State Sanitary Code.
Public copies. Three copies of the regulations relating to the Construction, Operation and Maintenance of Retail Food Establishments under the New Jersey State Sanitary Code have been placed on file in the office of the Secretary of the Board of Health and will remain on file for the use and examination of the public.
Violations and penalties. Any person or persons, firm or corporation violating or neglecting to comply with any provision of this section or Regulations 1 through 9, inclusive, under Chapter 12, Construction, Operation and Maintenance of Retail Food Establishments, of the New Jersey State Sanitary Code made a part hereof or notice issued pursuant thereto, shall, upon conviction thereof, be liable to the penalty established in Chapter 345, Article II, General Penalty.