[HISTORY: Adopted by the Board of Health
of the Township of Colts Neck: Art. I, 5-11-1970 (Ch. 47, Art. I of
the 1969 Code); Art. II, 10-19-1982 (Ch. 47, Art. II of the 1969 Code).
Amendments noted where applicable.]
[Adopted 5-11-1970 by (Ch. 47, Art.
I, of the 1969 Code)]
[Amended 10-7-1997]
A code regulating retail food establishments
and fixing penalties for violations is hereby established pursuant
to N.J.S.A. 26:3-69.1 through 26:3-69.6. A copy of said code is annexed
hereto and made a part hereof without the inclusion of the text thereof
herein.
[Amended 6-24-2015]
The codes established and adopted by this article are described and commonly known as Chapter 24 "Sanitation in Retail Food Establishments and Food and Beverage Vending Machines."
[Amended 6-24-2015]
Three copies of Chapter 24 "Sanitation in Retail Food Establishments and Food and Beverage Vending Machines," have been placed on file in the office of the Secretary of this Board of Health, located at the Township Hall, upon the introduction of this chapter and will remain on file in said office for use and examination by the public.
[Amended 6-24-2015]
Any person who violates any provision of or
order promulgated under this article or code established herein shall,
upon conviction thereof, be liable to a penalty of not less than $100
nor more than $1,000 for each violation. Each day a particular violation
continues shall constitute a separate offense.
[Adopted 10-19-1982 by (Ch. 47,
Art. II, of the 1969 Code)]
[Amended 6-24-2015]
It shall be unlawful for any person or anybody to conduct a retail food establishment as defined in and governed by Chapter 24, "Sanitation in Retail Food Establishments and Food and Beverage Vending Machines," established by ordinance of the Colts Neck Township Board of Health dated May 11, 1970, referred to as Chapter 47, Article I, of the Revised General Ordinances of the Township of Colts Neck, without first having procured a license from the Colts Neck Township Board of Health so to do or without complying with any or all of the provisions concerning operation and maintenance of the same as contained in the aforementioned Chapter 24 "Sanitation in Retail Food Establishments and Food and Beverage Vending Machines."
[Amended 10-7-1997; 5-13-2009; 6-24-2015]
A.
Annual
license fees are based on the size of establishment as follows:
|
Size of Establishment
(square feet)
|
Fee
|
|---|---|
|
Under 1,000
|
$100
|
|
Over 1,000 but less than 2,000
|
$125
|
|
2,000 to 4,000
|
$150
|
|
Over 4,000
|
$200
|
B.
Year-round
food establishments selling only prepackaged foods that are not potentially
hazardous in nature shall be charged $40 annually.
C.
Any establishment who fails to submit a complete application with
the required fee to the Health Department by January 31 of each calendar
year will be assessed a late fee equal to 50% of the initial licensing
fee.
[Added 9-25-2019 by Ord.
No. 2019-18]
D.
A temporary retail food operator(s) license (in accordance with N.J.A.C.
8:24) shall be valid for a maximum period of 14 consecutive days.
The fee for a fourteen-day temporary retail food operator(s) license
shall be $60. An extended temporary retail food operator(s) license
shall be valid for a maximum of 90 consecutive days. The fee for a
ninety-day extended temporary retail food operator(s) license shall
be $300.
[Amended 9-25-2019 by Ord. No. 2019-18]
E.
Temporary
food operators selling only prepackaged foods that are not potentially
hazardous in nature shall be charged $30. The temporary license is
only applicable for a specifically defined event as approved by the
Health Department.
F.
Food vending
machines shall be charged $75 annually.
H.
The Board
of Health may waive the annual food licensing fee for produce stands
selling only fresh, unprocessed agricultural products; self-operated
school cafeterias and religious, civic and/or other approved nonprofit
Township functions.
A.
Any license issued upon the terms and provisions of
this article may be suspended or revoked by the Board of Health of
the Township of Colts Neck for the violations by the licensee of any
provision of this article 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, any article 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.
B.
A license issued under the terms and provisions of
this article shall not be revoked, canceled or suspended until a hearing
thereof shall have been had by the Colts Neck Township 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 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 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 at grief 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 thereof.
The licensee nor any person acting for him or her directly or indirectly
shall not be entitled to another license to carry on the same business
within the Township of Colts Neck unless the application of such licensee
shall be approved by the Board of Health.
No provision in this article shall be applied
so as to impose any unlawful burden on either interstate commerce
or any activity of the state or federal government.
Any person, firm or corporation who shall violate
any of the provisions of this article shall, upon conviction, be punished
with a fine not to exceed $500 or by imprisonment in the County Jail
not to exceed 90 days, or by both such fine and imprisonment, and
each violation of any of the provisions of this article and each day
the same is violated shall be deemed and taken to be a separate and
distinct offense.
