[HISTORY: Adopted by the Board of Health
of the Township of Hazlet as indicated in article histories. Amendments
noted where applicable.]
[Adopted 2-26-1973 as Ch. BH-II of the 1982 Revised General
Ordinances (Ch. 357 of the 1993 Code)]
The provisions of N.J.A.C. 8:24-1.1 et seq.,
Sanitation in Retail Food Establishments and Food and Beverage Vending
Machines, shall be enforceable in the Township of Hazlet in accordance
with those regulations and the regulations set forth in this article.[2]
No person shall operate or conduct a retail
food establishment without first having procured a license from Health
Services.
[Amended 2-15-2006[1]]
All licenses issued by Health Services for the operation of
a retail food establishment shall expire on June 30 of each calendar
year. Applications for the renewal thereof shall be submitted to Health
Services prior to June first of each calendar year together with the
fee for the issuance of such license.[2]
[Amended 5-18-1981; 2-10-1988; 3-25-1992; 12-2-1992; 2-15-2006]
A.
The fee for issuance or renewal of any licenses mentioned hereunder
shall be as follows:
(1)
Size of establishment.
|
Size of Establishment
(square feet)
|
Fee
| |
|---|---|---|
|
Up to 2,000 square feet
|
$75
| |
|
2,001 to 3,000 square feet
|
$100
| |
|
3,001 to 5,000 square feet
|
$150
| |
|
5,001 to 10,000 square feet
|
$200
| |
|
Over 10,000 square feet
|
$300
|
(2)
Mobile units: $125.
(3)
Prepackaged goods only: $50.
(4)
Temporary (maximum seven days): $50.
B.
Retail food establishment shall be charged a fee for plan review.
Said fee shall be based on the square footage of the entire establishment.
The fee for any plan review mentioned hereunder, shall be as follows:
|
Size of Establishment
(square feet)
|
Fee
| |
|---|---|---|
|
Up to 2,000 square feet
|
$75
| |
|
2,001 to 3,000 square feet
|
$100
| |
|
3,001 to 5,000 square feet
|
$150
| |
|
5,001 to 10,000 square feet
|
$200
| |
|
Over 10,000 square feet
|
$300
|
C.
Penalty for late licensing. A penalty of $75 shall be imposed after
July 31st of any year for late licensing.
[Amended 10-1-2019 by Ord. No. 1652-19]
The purpose of this section is to properly control mobile food
handlers/vendors in order to prevent and discourage undesirable business
practices; to help protect the public from fraud; to permit the activity
regulated to a limited degree in consideration from the density of
population, size of streets and public rights-of-way; and to promote
the health, safety and welfare of the residents of the Township of
Hazlet.
A.
MOBILE RETAIL FOOD ESTABLISHMENTS
MOTOR VEHICLE
PERSON
PUSHCART
SALE
Definitions. As used in this section, the following terms shall have
the meanings indicated:
Any movable restaurant, truck, van, trailer, cart, bicycle
or other movable unit, including hand-carried, portable containers
in or on which food or beverage is transported, stored or prepared
for retail sale or given away at temporary locations.
As defined under New Jersey motor vehicle laws, any vehicle
propelled or drawn by mechanical or electrical equipment used for
transportation of people or goods.
An individual, partnership, corporation, trust, joint venture,
association, society, church, congregation or other organization.
A vehicle or device used to carry, transport or convey merchandise
or items which are subject to this section.
The act of selling, holding out for sale, exchange, transfer,
advertising or delivery.
B.
License required; number limited. No activity as defined in this
section shall be conducted in the Township of Hazlet except in compliance
with the provisions of this section. It shall be unlawful for any
person to conduct activities defined herein unless they have been
issued a license pursuant to this section. Licenses shall be issued
at the discretion of the Township. The number of licenses that may
be issued and in effect during any twelve-month period shall not exceed
four. No person shall be issued more than one license.
C.
Location: limited to properties with frontage on Route 35 or Route
36 corridor or other areas approved by the Zoning Officer; written
permission to be obtained from the property owner.
D.
Size of vehicle. Limit the size to a maximum of 30 feet for a trailer
or vehicle.
E.
Application for license.
(1)
Application for such license shall be made, in writing, on a form
to be provided to the Township of Hazlet. It shall require that the
applicant and every employee shall provide two photographs, taken
within 30 days of the application, of a size approximately 2 1/2
inches by 2 1/2 inches on thin paper having a white or beige
background clearly showing a frontal view of the applicant's
face and his employee's face, one of which is to be attached
or posted to the application.
(2)
Such application for license shall require that the applicant give
the following information concerning himself or itself:
(a)
Name.
(b)
Specific address for the past three years.
(c)
Date and place of birth and citizenship.
(d)
Arrests or convictions at any time, of any crime, for disorderly
offense or of any municipal ordinance or regulations.
(e)
Proposed location for which such license is sought, including
a sketch/survey of the property location and written consent of the
property owner.
(f)
Description of all items to be sold.
(g)
Description of trailer or vehicle to be used; photo, current
vehicle insurance, liability insurance and registration for the trailer
or vehicle to be provided.
F.
Reapplication and recertification. Each applicant and licensee shall
each year, between August 1 and August 31, apply or reapply for the
license by personally appearing at the Municipal Clerk's office
to certify or recertify to the information contained in their application.
Where an applicant fails to appear and recertify, their name shall
be removed from the list of pending applications. All persons who
presently have licenses shall be considered first for each license
before any new applicant for the license period running from October
1 through September 30 of each year. Licenses shall expire on September
30 of each year.
G.
Investigation. Such application shall be made to and issued by the
Municipal Clerk of the Township of Hazlet or her designee after investigation
by the Hazlet Township Police Department.
H.
Contents, display and transfer of license.
(1)
Each license issued by the Municipal Clerk shall set forth the specific
food and beverage authorized to be sold, the location for the same,
the name of each employee and the expiration date of the license.
(2)
No person shall engage in any activity, except those permitted under
the license and at the location specific therein. Upon granting of
the license hereinabove mentioned, each licensee shall be required
to prominently display said license on the vehicle employed to transact
his business.
(3)
No license may be transferred from one person or entity to another.
J.
Inspection and certification. All mobile retail food establishments
must, in addition to obtaining a license, be licensed by the Monmouth
County Board of Health. Such Board of Health certification must be
displayed to the public and renewed annually.
K.
License renewal and fee. The term and cost of each license issued
under this section shall be for a term of one year and shall be renewed
each year beginning on October 1 for a fee of $200.
L.
One-day license. The Township Committee of Hazlet Township reserves
the right to issue, at any time, the above-mentioned mobile food handlers'
license to any mobile food handler for a one-day duration. Said mobile
food handlers must meet all of the requirements as stated in the above
sections. The fee for said one-day license shall be $50. All licenses
issued for one day shall expire at 12:00 midnight of the day issued.
M.
Violations and penalties. Any person, firm, corporation, partnership
or other entity violating any provisions of this section or any regulations
promulgated by the Township of Hazlet pursuant hereto shall be punished
by one or more of the following: a fine not to exceed $2,000. Each
and every violation and nonconformance with this chapter on each day
that any provision of this section shall have been violated shall
be construed as a separate offense.
[Amended 9-4-2012 by Ord.
No. 1511-12]
A.
Grounds for revocation. Any license issued pursuant
to the terms and provisions of this article may be suspended or revoked
by the Monmouth County Board of Health for the violation by the licensee
or any employees of such licensee of any provisions of this article
or of the code or whenever it shall appear that the business, trade,
calling, profession or occupation of the licensee is conducted in
a disorderly or improper manner or in violation of any law of the
United States, the State of New Jersey or ordinance of Hazlet Township
or if it shall appear that the license is being used for a purpose
foreign to that for which such license was issued.
B.
Hearing required. A license issued pursuant to the
terms and provisions of this article shall not be revoked, canceled
or suspended until a hearing thereon shall have been held by the Monmouth
County Board of Health. Such hearing shall be public, and written
notice of the time and place thereof shall be served upon the licensee
at his or her registered address or at his or her place of business
within the Township at least three days prior to the date set for
such hearing. Service may be by personal delivery or the written notice
upon the licensee, manager, assistant manager or other person in charge
of the premises or by mailing a clear copy of the written notice to
the licensee by certified mail, return receipt requested. Such notice
shall contain a brief statement of the grounds to be relied upon for
the revocation, cancellation or suspension of the license. At such
hearing, the licensee shall have an opportunity to answer all charges
presented and to present such evidence as he or she shall deem appropriate.
Thereafter, the matter shall be considered by the Monmouth County
Board of Health in regular session, and the licensee shall be notified
in writing of the decision of the Monmouth County Board of Health.
If the Monmouth County Board of Health shall conclude that the charges
have been sustained and substantiated, it may revoke, cancel or suspend
the license of the licensee.
C.
Monmouth County Board of Health approval required
for application. If any such license shall have been revoked or canceled,
neither the holder thereof nor any person acting for him or her, 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 Monmouth County Board of Health and
a new application fee paid.
D.
Further legal action not precluded. Any action taken
under this section or any failure to act under this section shall
not preclude the Monmouth County Board of Health from taking any other
actions permitted by law.
Upon transfer of ownership of any retail food
establishment within the Township, the new owner shall, prior to commencing
operations, apply for a new license and pay the designated license
fee.
A.
Inspection. The Monmouth County Board of Health or
its duly authorized agents or employees shall have the power to conduct
inspections of all licensed establishments as may be necessary to
enforce the provisions of this article.
[Amended 9-4-2012 by Ord.
No. 1511-12]
B.
Charges. In the event that two successive inspections result in conditionally satisfactory ratings with repeated violations or two unsatisfactory ratings, the licensee shall be subject to a penalty for each separate violation of any section of Chapter 24 of the State Sanitary Code or this article in the amount of $100 for the first and each subsequent inspection. In addition, the Monmouth County Board of Health or its duly authorized agents or employees may at any time forward the matter to the New Jersey Department of Health, New Jersey Attorney General or any prosecutor of the Township for appropriate action under N.J.S.A. 2B:12-1 et seq., 26:1A-9 and 24:17-4.
[Amended 9-4-2012 by Ord.
No. 1511-12]
[Amended 9-4-2012 by Ord.
No. 1511-12]
Any person who shall violate any of the provisions
of this article or of the code shall, upon conviction, be punished
by a fine of not less than $50 nor more than $100. Each violation
of any provision of this article or the code and each day on which
a violation occurs shall be deemed to be a separate offense.[1]
[1]
Editor's Note: Original Section 357.13, Licensing of milk
and milk products, added 5-18-1981, which immediately followed this
section, was repealed 2-15-2006.
[Adopted 2-26-1973 as Ch. BH-II of the 1982 Revised General
Ordinances (Ch. 345 of the 1993 Code)]
As used in this article, the following terms
shall have the meanings indicated:
Any machine or device offered for public use which upon insertion
of a coin or token or by other means dispenses unit servings of food
or beverages, either in bulk or package, without the necessity of
replenishing the devices between each vending operation.
[Amended 9-4-2012 by Ord.
No. 1511-12]
A.
No distributor shall engage in the operation of a
food and beverage vending machine business for profit without having
obtained a distribution permit to do so from Health Services or without
complying with all the provisions of N.J.A.C. 8-24.
B.
No person, other than a distributor, shall maintain
or permit the maintenance of any food or beverage vending machine
without having obtained a location license for each machine from Health
Services or without complying with the provisions of N.J.A.C. 8-24.
[Amended 9-4-2012 by Ord.
No. 1511-12]
[Amended 9-4-2012 by Ord.
No. 1511-12]
[Amended 9-4-2012 by Ord.
No. 1511-12]
Permits and licenses under this article may
be suspended or revoked by the Monmouth County Board of Health in
accordance with the provisions of this chapter.
