[HISTORY: Adopted by the Township Council of the Township of Mine Hill as indicated in article histories. Amendments noted where applicable.]
Article I Retail Food Establishments
Article II Mobile Retail Food Establishments
[Adopted by Ord. No. H-21-71 (Ch. XIX, Sec. 19-3, of the 1986 Revised General Ordinances); amended in its entirety at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
The provisions of N.J.A.C. 8:24-1.1 et seq. pertaining to retail food establishments and food and beverage vending machines shall be enforced in the Township of Mine Hill. Prior to conducting a retail food establishment, a license shall be procured from the Department of Health.
Fees for licenses for retail food establishments, for reinspections and for plan review are set forth in Chapter 235, Fees.
Any license issued under the terms and provisions of this article may be suspended or revoked by the Department of Health for the violation by the licensee of any provision of this article or N.J.A.C. 8:24 or whenever it shall appear that the business, trade, calling, profession or occupation of the person 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 Township, or that the person conducting the retail food establishment is of 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.
A license issued under the terms and provisions of this article shall not be revoked, canceled or suspended until a hearing thereon shall have been had by the Department 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 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 the license. At the hearing before the Department of Health, the person aggrieved shall have an opportunity to answer and may thereafter be heard, and, upon due consideration and deliberation by the Department of Health, the complaint may be dismissed, or, if the Department concludes that the charges have been sustained and substantiated, it may revoke, cancel or suspend the license held by the licensee.
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 Township unless the application for such license shall be approved by the Department of Health.
No provision of 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 who shall violate any of the provisions of this article shall, upon conviction, be subject to the general penalty as stated in § 1-3 of this Code.
[Adopted 7-16-2009 by Ord. No. 10-09]
All mobile retail food establishments shall be required to have mechanical refrigeration equipment on the site or in the vehicle from which the mobile retail food establishment operates. Any food-cooling equipment or devices contained on or utilized by a mobile retail food establishment licensed by the Department of Health shall be powered by electricity or gas and shall be capable of maintaining safe minimum temperatures as set forth in Chapter 12 of the New Jersey State Sanitary Code.
Any person convicted of violating any of the provisions of this article shall be subject to the general penalty as established in § 1-3 of this Code.
It shall be deemed a separate and distinct violation, subject to the penalty provisions of this article, for each and every day that such violation continues.