[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.
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5,000-9,999 square feet
|
$750
|
|
5.
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Over 10,000 square feet
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$1,000
|
|
6.
|
Non-food preparation/prepackaged food
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$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.