[New]; BH:Ord. No. 1-04 § 2
A code regulating retail food establishments and fixing penalties
for violations is hereby established pursuant to N.J.S.A. 26:3-69.1
to 26:3-69.6. A copy of such code is annexed hereto and made a part
hereof without the inclusion of the text thereof herein. The code
established and adopted by this section is commonly known as the State
Sanitary Code, Chapter XII Sanitation in Retail Food Establishments
and Food and Beverage Vending Machines.
[New]
Three (3) copies of such "State Sanitary Code, Chapter XII,
Sanitation in Retail Food Establishments and Food and Beverage Vending
Machines" have been placed on file in the office of the Secretary
of the Board of Health and will remain on file for the use and examination
of the public.
[New]
[New; BH:Ord. No. 1-04 § 3]
It shall be unlawful for any person to conduct a retail food establishment as defined in and governed by the State Sanitary Code, Chapter XII Sanitation in Retail Food Establishments and Food and Beverage Vending Machines established by Chapter BH4 without first having procured a license from the Board of Health so to do or without complying with any or all of the provisions concerning operation and maintenance of the establishment as contained in the State Sanitary Code, Chapter XII Sanitation in Retail Food Establishments and Food and Beverage Vending Machines.
[New]
No license shall be required for any public eating establishment
operated by or in conjunction with any public school, church or incorporated
charitable institution.
[1]
Editor's Note: Former subsection 4-2.3, License Fee,
previously codified herein was repealed in its entirety by BH:Ord.
No. 1-04.
[New]
The license shall not be transferable and shall continue in
force and effect until the first day of January next ensuing after
the date of granting thereof.
[New; BH:Ord. No. 1-04]
Any license issued under the terms and provisions of this section
may be suspended or revoked by the Board of Health for the violation
by the licensee of any provision of such sections or the State Sanitary
Code, Chapter XII Sanitation in Retail Food Establishments and Food
and Beverage Vending Machines 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 or any ordinance of this Township, or that
the person or persons conducting the retail food establishment is
of an 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.
[New]
A license issued under the terms and provisions of this section
shall not be revoked, cancelled or suspended until a hearing shall
have been held by the Board of Health. Written notice of the time
and place of such hearing shall be served upon the licensee at least
three (3) days prior to the date set for the hearing. The notice shall
also contain a brief statement of the grounds for revoking, cancelling
or suspending the 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
such license. At the hearing before the Board of Health, the person
aggrieved shall have an opportunity to answer and may thereafter be
heard, and upon due consideration and deliberation by the Board of
Health, the complaint may be dismissed, or if the Governing Body concludes
that the charges have been sustained and substantiated, it may revoke,
cancel or suspend the license.
[New]
If any license has been revoked, neither the holder 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 the license is approved by the Board of
Health.
[New; BH: Ord. No. 1-04 § 5]
The Health Officer or Registered Environmental Health Specialist
shall make inspection of food establishments in the Township to determine
compliance with the New Jersey State Sanitary Code, Chapter XII Sanitation
in Retail Food Establishments and Food and Beverage Vending Machines
and shall report thereon. A copy of such inspection shall be posted
upon the inside wall of such food establishment by the Health Officer
or other representative of the Board of Health at the time of each
inspection of such establishment. Such inspection report shall not
be defaced or removed except by the Health Officer or other representative
of the Board.
[BH:Ord. 11/19/87; BH:Ord. No. 1-95A § 1; BH:Ord. No. 1-04 § 6]
The fees for licensing of retail food establishments are hereby
fixed as follows:
a.
Restaurants
|
50 seats or less
|
$100.00
|
|
51 seats or more
|
$200.00
|
b.
Stores
|
5,000 square feet or less
|
$100.00
|
|
More than 5,000 square feet
|
$200.00
|
c.
Limited sales (sale of packaged,
|
nonperishable foods only)
|
$50.00
|
d.
The Health Officer or Registered Environmental Health Specialist
may conduct or request food sampling of potentially hazardous foods
sold from any licensed retail food establishment, at the expense of
the establishment. The sampling is to be conducted by a licensed New
Jersey Certified laboratory. Bacteriological analysis of potentially
hazardous ready-to-eat food products as defined in N.J.S.A. 24:5-8
may include:
e.
Vending Machines.
1.
Defined. Food and beverage vending machine -- shall mean any device
offered for public use which, upon insertion of a coin, coins or tokens,
or by other means, dispenses a unit serving of food or beverage, either
in bulk or in package, without the necessity of replenishing the device
between each vending operation.
2.
License Required. No person shall maintain or permit to be maintained
any food and beverage vending machine unless a license to sell or
dispense food or beverage from the machine has been obtained from
the Township Department of Health.
4.
Restricted Location of Machines. No person shall place, erect, operate
or maintain any vending machine for sale of food or beverage in any
location, or sell or dispense any food or beverage from a vending
machine, except in a store, factory, theater, school, office, club,
lodge, community center, recreational building, charitable institution,
personal service establishment or building of public assembly.
[Ord. No. 2506-18]
All food vendors or food retailers wishing to sell or give away
food at a temporary event within the Township of Millburn must obtain
a license from the Board of Health and pay a fifty-dollar ($50) temporary
event license fee, unless the food vendor or food retailer is a licensed
retail food establishment of the Township of Millburn.
For the purposes of this subsection Temporary Event shall mean
a singular event or celebration lasting no more than five (5) consecutive
days, or no more than five (5) intermittent days during a calendar
year. For licensing purposes however, a Farmers' Market shall
be considered a Temporary Event.
For the purposes of this subsection Farmers' Market shall
mean an established area where several farmers/growers gather on a
regular, recurring basis to sell a variety of fresh fruits and vegetables
as well as other farm products directly to the consumer.
[BH:Ord. No. 1-04 § 7; Ord. No. 2459-16 § 2]
a.
When a retail food establishment is constructed, altered or renovated,
plans and specifications pertaining to the health and sanitary aspects
of the operation, such as proposed equipment layout and construction
materials of food related work areas, shall be submitted to the Division
of Health for review and approval before construction, renovations
or conversion is begun.
b.
There shall be a seventy-five ($75.00) dollar plan review fee payable
to the Township of Millburn for any construction, alteration, renovation
of a retail food establishment.
c.
This fee shall be in addition to any other fee required by the Township
of Millburn or the State of New Jersey.
