As used in this chapter, the following terms
shall have the meanings indicated:
FOOD
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.
LAW
Any federal, state and local statutes, ordinances and regulations.
MOBILE RETAIL FOOD ESTABLISHMENT
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 LICENSE
The license required by any food establishment operating
under permanent conditions and shall be renewed annually.
PERSON
Organizations, corporations, unincorporated associations,
individual persons, any 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 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.
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 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.
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]
(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]
(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.
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]
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.