[HISTORY: Adopted by the Borough Council
of the Borough of Hampton 3-26-1990 by Ord. No. 5-90. Amendments noted where
applicable.]
As used in this chapter, the following terms
shall have the meanings indicated:
The local municipal health agency.
Chapter XII, Sanitation in Retail Food Establishments and
Food and Beverage Vending Machines.
The Hunterdon County Department of Health.
Any raw, cooked or 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.
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.
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.
One in continuous service for more than 30 days.
The license required by any food establishment operating
under permanent conditions and shall be renewed annually.
Organizations, corporations, unincorporated associations,
individual persons, any group of two or more persons or any other
entity, excluding nonprofit/community service organizations.
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 types 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. 8:24-4.12.[1]
The New Jersey State Department of Health and Senior Services.
One in continuous service for more than three days but not
more than 30 days.
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.
One in continuous service for not more than three days.
The license required by any retail food establishment operating
under temporary conditions, with a duration of three days or less.
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.
A.
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
Borough of Hampton and without complying with any or all of the provisions
in the aforementioned Chapter XII of the State Sanitary Code of New
Jersey.
B.
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 Hampton Borough food license
shall also be conspicuously displayed at the food establishment.
A.
The annual fee for a permanent food license for a
retail food establishment, as defined in Chapter XII of the State
Sanitary Code and this document, is hereby fixed at $300 and such
further sums as may be charged by Hunterdon County Board of Health.
[Amended 10-14-2002 by Ord. No. 16-02[1]]
B.
The licenses issued shall be effective for a period
of one year, commencing annually on June 1 and renewable for succeeding
years thereafter upon payment of the annual fee and compliance with
the requirements of this chapter and all other applicable laws and
regulations. Applications for retail food establishment licenses on
forms prescribed by the Board of Health and the required fee shall
be submitted to the Board of Health Secretary no later than June 1.
Anyone not making application by June 1 shall be subject to the penalty
established by this chapter.
[Amended 11-9-1992 by Ord. No. 14-92]
Whereas, there are temporary food establishments
which serve food and/or drink in Hampton Borough; Hampton Borough
desires to recover the fees charged to the Borough for these inspections
from the owner/operator of these temporary food establishments; Hampton
Borough desires to require a temporary food license for food establishments
which must be inspected and to charge a fee therefor, with the following
terms:
A.
No person shall conduct, maintain or operate a temporary
food stand or concession in the Borough of Hampton who does not possess
the appropriate temporary license from the Board of Health; provided,
however, that no license shall be required for any temporary food
establishment operated by any nonprofit community or service organization
as well as local government, public schools, volunteer fire departments,
rescue squads or recreational sports organizations.
B.
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.
C.
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:
(1)
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 the same or aforesaid application shall be revoked
or suspended.
(2)
There shall be an application fee of $175 per temporary
license. 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.
[Amended 10-14-2002 by Ord. No. 16-02[1]]
(3)
Such license shall be conspicuously displayed in a
prominent place at the temporary food concession.
(4)
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 $125. 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
and all other applicable laws and regulations.
[Amended 10-14-2002 by Ord. No. 16-02[2]]
(5)
Any temporary food concession in operation for more
than three days, but not to exceed 30 days, must be required to obtain
a temporary food concession license.
(6)
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
Borough. In addition, all mobile units must file with the Hampton
Borough Board of Health an approved peddler's license.
A.
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 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 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.
B.
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
Board concludes that the charges have been sustained and substantiated,
it may revoke, cancel or suspend the license held by the licensee.
C.
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 Borough, 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.
[Amended 11-9-1992 by Ord. No. 14-92[1]]
Any person, firm or corporation who shall violate
any of the provisions of this chapter shall, upon conviction, be punished
by a fine of not to exceed $2,000, imprisonment in the county jail
for a period of not to exceed 90 days and/or a period of community
service not to exceed 90 days, 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.
This chapter is being enacted pursuant to N.J.S.A.
40:52-1.
The Board of Health of the Borough of Hampton
shall be responsible for the administration and enforcement of this
chapter.
