Township of Mount Olive, NJ
Morris County
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Table of Contents
Table of Contents
It shall be unlawful for any person or any body corporate to conduct a retail food establishment, as defined in and governed by Chapter XXIV, Sanitation in Retail Food Establishments and Food and Beverage Vending Machines (2007), established by ordinance of the local Board of Health, dated March 21, 2007, without first having procured a license from the local Board of Health to do so or without complying with any or all of the provisions concerning operation and maintenance of the same as contained in the aforementioned Chapter XXIV, Sanitation in Retail Food Establishments and Food and Beverage Vending Machines (2007).
A. 
It shall be optional for retail food establishments doing business in the Township of Mount Olive to attend the annual food-handling training course presented by the Mount Olive Township Board of Health.
[Amended 5-15-2015 by Ord. No. BOH 2015-2]
B. 
Management and personnel requirements. Any food establishment in the business of or service of or services of preparing, selling or processing food intended for human consumption, including, but not exclusively, all Risk Type 2, 3 and 4 food establishments, shall require a person in charge who holds a current food manager's certificate approved by the New Jersey State Department of Health and Senior Services to be on the premises of the food establishment at all times while open for business or preparation of food.
[Amended 5-15-2015 by Ord. No. BOH 2015-2]
C. 
(Reserved)[1]
[1]
Editor’s Note: Former Subsection C, allowing new retail food establishments to open and operate until the next course is given, was repealed 5-15-2015 by BOH Ord. No. 2015-2.
D. 
(Reserved)[2]
[2]
Editor’s Note: Former Subsection D, requiring a certificate of completion for license renewal, was repealed 5-15-2015 by BOH Ord. No. 2015-2.
E. 
(Reserved)[3]
[3]
Editor’s Note: Former Subsection E, exempting retailers of only prepackaged food from the course, was repealed 5-15-2015 by BOH Ord. No. 2015-2.
F. 
(Reserved)[4]
[4]
Editor’s Note: Former Subsection F, allowing a maximum two-year exemption from course attendance for establishments with satisfactory inspection ratings, was repealed 5-15-2015 by BOH Ord. No. 2015-2.
G. 
(Reserved)[5]
[5]
Editor’s Note: Former Subsection G, authorizing the Health Officer to allow for an equivalent course to be substituted, was repealed 5-15-2015 by BOH Ord. No. 2015-2.
H. 
In lieu of meeting the requirements of § 415-2B, members of registered nonprofit Risk Type 2 establishments must attend a food-handling training course presented by the Mount Olive Township Health Department. The food handling course will meet the level of competencies necessary for safe food handling specific to the organization's operation. The Department will determine the necessary frequencies of said training. Any change in operation or menu must be preapproved by the Mount Olive Township Health Department. Upon completion of training, a certificate of completion shall be awarded. It shall be the responsibility of all nonprofit Risk Type 2 establishments to have at least one trained person in charge and present during all food operations. Said organizations will be required to maintain a current record of all trained personnel approved to participate in food operations and shall forward same to the Mount Olive Township Health Department.
[Added 8-18-2016 by Ord. No. BOH 2016-2]
The fees for the licensing of retail food establishments are hereby fixed as follows:
A. 
Retail food establishment, permanent locale: complementary, $1,000; prepackaged food, $75; less than 2,000 square feet, $200; 2,000 square feet to 4,999 square feet, $400; and over 5,000 square feet, $600.
[Amended 5-15-2015 by Ord. No. BOH 2015-2]
B. 
Mobile retail food establishment: $125 per unit per year.
C. 
Temporary retail food establishment (one day to four days) events license: $50 per unit.
[Amended 5-15-2015 by Ord. No. BOH 2015-2]
D. 
Retail food establishment, permanent locale, license for a period of three months or less, April 1 to June 30 of each year: 1/3 of the licensing fee of the food and drink license.
[Amended 5-15-2015 by Ord. No. BOH 2015-2]
E. 
Resinpection fee: 1/3 for establishments with a "conditional" rating after initial inspection. A written warning shall be issued to the establishment and published in the newspaper subsequent to a second offense.
[Amended 5-15-2015 by Ord. No. BOH 2015-2]
A. 
Any license under the terms and provisions of this article may be suspended or revoked by the Board of Health of this municipality for the violation by the licensee of this article or Chapter XXIV, Sanitation in Retail Food Establishments and Food and Beverage Vending Machines (2007), 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 or any ordinance of this municipality or that the person or persons conducting the retail food establishment are 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.
B. 
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 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 by being 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 therefore be heard, and, upon due consideration and deliberation by the Board of Health, the complaint may be dismissed, or, if the Board of Health 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 Township unless the application for such license shall be approved by the Board 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, firm or corporation who shall violate any of the provisions of this article shall, upon conviction, be punished by a fine of not less than $500 nor more than $1,000, 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.