Chapter
24 of the New Jersey State Sanitary Code regulating the construction, operation and maintenance of retail food establishments is hereby adopted pursuant to N.J.S.A. 26:3-69.1 to 26:3-69.6. A copy of said Chapter
24 of the New Jersey State Sanitary Code is annexed hereto and made a part hereof without the inclusion of the text herein.
The chapter of the New Jersey State Sanitary Code established and adopted by this Article is commonly known as the New Jersey Sanitary Code, Chapter
24, Construction, Sanitation in Retail Food Establishments and Food and Beverage Vending Machines.
Three (3) copies of the New Jersey State Sanitary Code, Chapter
24, Sanitation in Retail Food Establishments and Food and Beverage Vending Machines have been placed on file with the Health Officer upon the introduction of this Article and will remain on file with the Health Officer for use and examination by the public.
Any person who shall violate any of the provisions of this Article shall, upon conviction, be subject to the penalties provided in Chapter
BH1, General Provisions.
[Amended by the Mayor and Council by Ord.
No. 6-2016]
Editor's Note: See Appendix A, paragraph c. for license fee
for a mobile food vendor.
a. For the purposes of this section, certain terms are defined as follows:
MOBILE RETAIL FOOD VENDOR
Any movable restaurant, truck, van, trailer, cart or other
movable conveyance, including hand-carried or portable containers
in which food or beverage is transported, stored or prepared for retail
sale or given away at temporary locations.
b. An applicant for a mobile retail food vendor's license must provide
to the Board of Health an affidavit setting forth the need of this
type of service, approximate duration of time, the days of the week
of the anticipated service, exact location and name or trade name
of the applicant. Where the location is to be on public property,
the Borough Council or the person or organization duly authorized
by the Council having jurisdiction over the property is to make the
affidavit. Where the location is on private property, the property
owner is to make the affidavit.
c. Cleanup and removal of litter generated by the mobile retail food
vendor shall be the responsibility of the mobile retail food vendor
and shall be a condition of any license conveyed to said vendor.
d. All mobile food applicants shall obtain a Solicitation License from
the Roseland Borough Clerk prior to the Board of Health's approval.
Editor's Note: See also Chapter IV, Licensing and Business Regulations,
of the Borough Code.
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The sale or distribution of any tobacco or tobacco related products from a vending machine is regulated in Chapter
BH14, Section
BH14-4.
Food vending vehicles dispensing ice cream, soft drinks or food
shall not conduct business between the hours of 9:00 p.m. and 6:00
a.m.
Every license issued or approved under the provision of this
Article shall expire on December 31 of the year of its issue, with
the exception of temporary licenses, and an application for renewal
thereof shall be submitted, together with the required fee, at least
ten (10) days prior to December 31 of each year. Establishments which
fail to submit an application before December 31 will be subject to
a late fee of one hundred ($100.00) dollars. Establishments operating
without a valid license will also be subject to immediate closure.
A temporary license shall expire seven (7) days after its issue.
Any license issued pursuant to this Article may be suspended
or revoked by the Board of Health if:
a. The licensee has violated any provision of this Article or Chapter
24 of the New Jersey State Sanitary Code;
b. The business, trade, calling or occupation of the person to whom
the license was issued is conducted in a disorderly or in an improper
manner or in violation of any state or federal law or any ordinance
of the Borough of Roseland;
c. The person or persons conducting the retail food establishment is
of an unfit character to conduct the same;
d. The purpose for which the license was issued is abused to the detriment
of the public health; or
e. The license is being used for a purpose foreign to that for which
the license was issued.
If any license issued pursuant to this Article shall be 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 Borough of Roseland unless the application
for such license shall be approved by the Board of Health.
Any person, firm or corporation who shall violate any of the provisions of this Article shall, upon conviction, be subject to the penalties provides in Chapter
BH1, General Provisions.