[1980 Code § 117-5; Ord. No. O-2-08]
a. 
The Division of Health and its members, agents or employees shall have the right of entry into and upon any public or private building or premises for the purpose of enforcing the provisions of this code or determining whether such provisions or the rules and regulations of the Division of Health are being complied with and obeyed. Personnel from the Division of Health shall identify themselves, along with the purpose for the inspection. Personnel shall not reveal the names or other identifying information about complaints.
b. 
No person shall oppose such entry or hinder or interfere with the Division of Health or any of its members, agents or employees in the performance of their duty.
c. 
In addition, refusal of entry to any authorized representative of the Division of Health by any persons licensed or holding a permit of this code shall be sufficient reason for recommendation for immediate suspension of such license or permit and its revocation after an opportunity for a hearing has been given before the Division of Health.
[1980 Code § 117-6A; Ord. No. O-31-2010; Ord. No. O-13-2015]
a. 
No person shall conduct, maintain or operate a retail food establishment, mobile retail food establishment, temporary retail food establishment, seasonal retail food establishment, food vending machine, body art establishment, public recreational bathing facility, massage, bodywork, and somatic therapy establishment, or tanning salon, without first making a written application for a license or permit to do so and securing approval from the Town Health Officer for the conduct of such establishment at a stated location.
b. 
No person shall demolish any building in the Town of Morristown without first making a written application for demolition permit from the Town Health Officer. Issuance of said permit shall be contingent upon submission of written documentation from a licensed professional exterminator verifying that adequate and proper rodent control measures have been implemented in accordance with Subsection 25-14.10.
c. 
If upon inspection by the Health Officer of the Town an establishment receives a conditionally satisfactory or unsatisfactory rating, a subsequent inspection will be necessary and the payment of a re-inspection fee required prior to the issuance of any license or permit.
d. 
Licenses and/or permits are subject to renewal as specified in Subsection 25-6.5.
e. 
Licenses and/or permits are not transferable and are not prorated. Any establishment that changes ownership or engages in any remodeling of the premises must submit plans and obtain approval of plans and receive a new license and/or permit prior to the opening of the establishment.
f. 
The holder of a license or permit for a new retail food establishment, body art establishment, public recreational bathing facility, or massage, bodywork, and somatic therapy establishment or tanning salon shall schedule an initial preoperational inspection at least 10 calendar days prior to the anticipated opening date.
g. 
License or permit holders shall notify the Town Division of Health within 10 calendar days of any change in the owner's contact information or of discontinuance of operations which exceed 30 calendar days or more.
h. 
License or permit holders which have discontinued operations for 30 calendar days or more and intend to reopen shall notify the Town Division of Health within five calendar days of the anticipated reopening date.
i. 
Failure to obtain the required license and/or permit shall be a violation and result in a fine payable to the Municipal Court.
[1980 Code § 117-6B; Ord. No. O-2-08]
No fee shall be charged for a license in the case of hospitals, public or religious schools or churches or any other charitable or nonprofit group. The establishments must obtain a license and are subject to all regulations governed by this code.
[1980 Code § 117-6C; Ord. No. O-19-08]
Each license provided under the provisions of this section shall bear the actual date of issue thereof, the name of the person to whom issued, the legal name of the owner of the business license and the location thereof. No license shall be transferable. All licenses shall expire each year on the dates listed in Subsection 25-6.4.
[1980 Code § 117-6D]
Wherever a license or permit is required by this code, the same shall be in addition to the requirements of any license or permit of any other law or ordinance. Application shall be made to the Division of Health, shall be fully completed and signed by the applicant and filed with the Division of Health. Applications for itinerant restaurant licenses shall be fully completed and signed by the applicant and shall be made in duplicate to the Municipal Clerk. No license or permit shall be issued until the application has been approved and the following fees and charges have been paid.
[1980 Code §§ 98-117; 117-6D; Ord. No. O-1-92; Ord. No. O-15-03; Ord. No. O-2-07; Ord. No. O-4-08; Ord. No. O-19-08; Ord. No. O-31-2010; Ord. No. O-13-2015; Ord. No. O-18-2015]
License, permit, registration, reinspection, and plan review fees shall be as provided below:
a.
Retail food establishment license
1.
1-1, 499 square feet
$200
2.
1,500-2,999 square feet
$350
3.
3,000-4,999 square feet
$450
4.
5,000-9,999 square feet
$750
5.
Over 10,000 square feet
$1,000
6.
Non-food preparation/prepackaged food
$200
b.
Mobile (itinerant) retail food establishment license
1.
Class I
$750
2.
Class II
$375
3.
Class III
$375
4.
Class IV (per day)
$100
c.
Temporary retail food establishment license (24-48 hours from date of issuance, for one day permit; 48 hours from date of issuance for 2 day permit)
1.
Blanket/Organizer
$100
2.
Food Vendor
$50
d.
Seasonal retail food establishment license (Saturdays and Sundays from June through November)
1.
Blanket/Organizer
$100
2.
Food Vendor
$50
e.
Food vending machine license (per address) - Non-time/temperature control for safety food
1.
First machine
$100
2.
Each additional machine after first
$50
f.
Food vending machine license (per address) - Time/temperature control for safety food
1.
First machine
$200
2.
Each additional machine after first
$100
g.
Public recreational bathing facility license (Seasonal and Year-Round)
$150
h.
Body art establishment license
$1,000
i.
Massage, bodywork, and somatic therapy establishment license
1.
1-1,499 square feet
$200
2.
1,500-2,999 square feet
$350
3.
3,000-4,999 square feet
$450
4.
5,000-9,999 square feet
$750
5.
Over 10,000 square feet
$1,000
j.
Tanning salon license
$100
k.
Beauty, barber, and nail salon registration
$100
l.
Demolition permit
$100
m.
Reinspection fee (all licenses and registrations)
1.
First reinspection
$100
2.
Each subsequent reinspection
$200
n.
Plan review fees (all establishments)
1.
Initial plan review
$100
2.
Subsequent plan review (submitted six months after initial plan review)
$100
o.
Application late fees (incurred for license and registration renewal applications received 30 days from the date of license expiration).
1.
Late fee (first 30 days)
$50
2.
Late fee (every additional 30 days from first 30 days)
$50
p.
Farmer's Markets (Saturdays and Sundays from January through December (per organizer/vendor, per event, nontransferable)
$50
[1980 Code § 117-6D; Ord. No. O-2-08; Ord. No. O-13-2015]
Expiration dates for licenses, permits, and registrations shall be as follows:
Type of License, Permit, or Registration
Expiration Date
a.
Retail food establishment
June 30
b.
Mobile retail food establishment (itinerant)
May 31
c.
Temporary retail food establishment (one-day permit)
24 hours from date of issuance
d.
Temporary retail food establishment (two-day permit)
48 hours from date of issuance
e.
Vending machines
June 30
f.
Public recreational bathing facility (year-round)
June 30
g.
Public recreational bathing facility (seasonal)
September 30
h.
Body art establishments
December 31
i.
Massage, bodywork, and somatic therapy establishments
December 31
j.
Tanning salon
December 31
k.
Beauty, barber, and nail salon registration
December 31
[1980 Code §§ E-I; Ord. No. O-2-08; Ord. No. O-31-2010]
a. 
Licenses for itinerant restaurants shall be divided into the following classes:
1. 
Class 1: one annual license per person for that area of Town known as "The Green," as extended to 150 feet northerly from North Park Place, 150 feet westerly from West Park Place, 150 feet southerly from South Park Place and 150 feet easterly from East Park Place.
2. 
Class 2: one annual license per person for all areas in the Town within 30 feet of or within the boundaries of all public parks and playgrounds of the Town.
3. 
Class 3: annual licenses for all areas in the Town other than those described in Class 1 and Class 2.
4. 
Class 4: one-day special event licenses which may be renewed for no more than two consecutive twenty-four-hour periods:
b. 
Class 3 licenses shall be issued only to food peddlers who utilize a motor vehicle which complies with N.J.S.A. 39:1-1 et seq.
c. 
Licenses for food peddlers shall be restricted to the following number of licenses:
1. 
Class 1: five licenses, no more than one per person, firm or corporation.
2. 
Class 2: five licenses, no more than one per person, firm or corporation.
3. 
Class 3: 10 licenses, no more than one per person, firm or corporation.
4. 
Class 4: unlimited number.
d. 
Licenses for Class 1, Class 2 and Class 3 shall be issued annually on June 1. Itinerant restaurants who are already licensed by the Town and whose licenses expire on June 1 shall have 10 days prior to the expiration date to renew such licenses at the required fee until such peddlers no longer desire such licenses, and shall have first preference for the zone in which they wish to be stationed. This right to renew shall not be assigned or transferred and shall be forfeited if not renewed within the ten-day period prior to expiration. If there are more applicants for any class of license than there are licenses authorized for that class, existing licensees who have renewed in timely fashion shall receive first preference, and additional licenses shall be issued by a random drawing of the names of those applicants whose applications have received prior approval upon inspection of the vehicles by the Division of Health.
e. 
Mobile vehicles shall comply with the following regulations:
1. 
Each itinerant mobile restaurant vehicle shall be attended at all times by a certified food handler of the age of 18 years or over.
2. 
Each itinerant mobile restaurant vehicle in which food handling is exposed to the outdoor elements shall contain a sneeze guard enclosing the food preparation area.
3. 
Each itinerant mobile restaurant vehicle shall contain a trash disposal receptacle.
4. 
Before leaving any location, the operator of each itinerant mobile restaurant vehicle shall be responsible for the picking up of any trash or garbage caused by the use of the itinerant restaurant at that location.
5. 
Itinerant restaurants shall provide a means of hand sanitizing acceptable to the Division of Health.
f. 
Itinerant mobile restaurant vehicles shall comply with all requirements of N.J.S.A. 39:1-1 et seq. and with Chapter 7, Traffic.
g. 
Itinerant mobile restaurant vehicles shall not be parked closer than 50 feet from the curbline of any intersection, a fire hydrant or a cross-walk; and they shall not be parked within 1,000 feet of any property line of a public or private school.
h. 
Itinerant mobile retail restaurants shall maintain sealed holding tanks for liquid waste accumulation. No dumping of such waste onto the ground shall be permitted.
[1980 Code § 117-7]
The Health Officer is authorized and empowered to suspend or revoke any license or permit regulated by this code, issued to or held by any person who violates any of the provisions of this code. It shall be the duty of the owner or operator to comply with or obey such order immediately and to conduct no further operation until permission has been granted by the Health Officer and the Division of Health. When the Health Officer contemplates a revocation action, he shall present the licensee with the opportunity for a hearing. Prior to the hearing, the Health Officer shall present written charges enunciating the reasons for the revocation and shall notify the licensee of the place and time the hearing will be held.
[1980 Code § 117-8; Ord. No. O-31-10]
All licenses shall be posted in a conspicuous place on the licensed premises, machine or vehicle. Failure to post the required license shall result in a fine in the amount of $50 per day payable directly to the Municipal Court.