[HISTORY: Adopted by the Board of Health of the Township of Mendham as Ch. BH:VI of the 1998 Revised General Ordinances. Amendments noted where applicable.]
No person shall, within the Township of Mendham, operate or conduct a retail food establishment as defined in N.J.A.C. 8:24-1.3 unless a currently valid license, either regular or temporary, has been issued therefor by the Township Board of Health pursuant to this chapter.
An application for a license to conduct a retail food establishment shall be made upon a form available in the office of the Township Board of Health. Each application shall require the following information:
License issued pursuant to this chapter shall be classified as regular or temporary. Every regular license shall expire on the last day of December of the year during which the license was issued. Every temporary license shall expire 14 days from the date upon which the license was issued.
Every applicant for a regular license for a retail food establishment located within the Township shall pay to the Board of Health an annual license fee as provided in Chapter 361, Fees. The annual fee shall not be prorated by reason of the date upon which the license may be issued.
Every applicant for a temporary license for a retail food establishment shall pay to the Board of Health a license fee in the amount provided in Chapter 361, Fees. No fee shall be charged for a license issued to a church, school or other nonprofit organization, society or group.
All fees required for licenses shall be paid to the Board prior to the issuance of the license.
[Added 3-26-2001 by Ord. No. BH:1-01]
As a condition of the issuance or maintenance of a license to conduct a retail food establishment, the owner of such establishment or one of them if there be more than one, or in lieu thereof, the person in charge of the day-to-day operation of the establishment, shall attend the approved food handlers' course presently furnished by the Bernard's Township Board of Health. In the alternative, proof of attendance at an equivalent program shall be accepted by the Township Board of Health. Attendance at such course or equivalent shall be an annual requirement.
Editor's Note: Said food handlers’ course is now furnished by the Morris County Board of Health.
The fee required by § 364-2 shall cover routine inspection of a retail food establishment. In the event that a retail food establishment is given a conditional or unsatisfactory rating as the result of any inspection, an additional fee as provided in Chapter 361, Fees, shall be paid to the Township Board of Health for each reinspection necessary to determine compliance with N.J.A.C. 8:24-11 and following. A reinspection fee shall be paid at the time that the reinspection is made, and in no event shall a placard evidencing a satisfactory evaluation be issued until all required reinspection fees have been paid to the Board.
A license issued pursuant to this chapter may be suspended by the Board for violation by the licensee of any provisions of this chapter or of the provisions of N.J.A.C. 8:24-1.1 and following.
[Amended 3-26-2001 by Ord. No. BH:1-01]
Whenever any license is suspended, the licensee shall be entitled to a hearing before the Board within 15 days after written request therefore is made to the Board. Upon such hearing or within 10 days thereafter the Board shall affirm, alter or rescind the suspension. The reasons for the action by the Board shall be set forth in writing and a copy thereof shall be furnished to the licensee.
Any person who shall violate any provision of this chapter, any provision of N.J.A.C. 8:24-1.1 and following or any order issued thereunder shall upon conviction be subject to a penalty of not less than $5 nor more than $500 for each and every violation. Each day that a particular violation continues shall constitute a separate offense.