[HISTORY: Derived from Ch. BH:6 of the 2001 Code of the Township of Washington (now Township of Robbinsville). Amendments noted where applicable.]
Vending machines — See Ch. 293.
All retail food establishments shall comply with Chapter 12 of the New Jersey State Sanitary Code (N.J.A.C. 8:24-1 et seq.) relating to the construction, operation and maintenance of retail food establishments; and all violations are hereby declared to be nuisances hazardous to health.
No person shall operate a retail food-handling establishment unless a license to operate the same shall have been issued by this Board of Health. Such license shall be posted in a conspicuous place in such establishment.
Licenses issued or approved under the provisions of this chapter shall expire annually on January 1 of each year, and application for renewal thereof shall be submitted, together with the required fee, on or before December 1 of each year.
A person conducting an itinerant retail food-handling establishment shall secure a license. A fee shall be charged for such license as provided in § 270-3.
A license may be suspended or revoked for a violation, by the holder, of any provision of this chapter or Chapter 12 of the State Sanitary Code. The Board or its authorized agent shall provide written notice to the owner/operator of its intent to suspend or revoke said license. A hearing before the Board or the authorized agent may be granted, if a written request for such is received within 10 days of issuance of the written violation notice. If no hearing request is submitted or the Board upholds its decision to suspend or revoke the license, said license shall be void on the 10th day following the issuance of the violation notice.
A license issued by another Board of Health is not transferable.
License fees shall be as provided in Chapter 109, Fees.
A plan review fee shall be charged for the filing of any application for a new food establishment. The fee will be based upon the total square footage of the proposed establishment as stated in Chapter 109, Fees.
Inspection of premises. The Health Officer shall have the right to inspect any premises in the Township if he/she has reason to believe that a provision of this chapter is being violated or as a part of a regular inspection.
Search warrant. If the owner or occupant of any premises refuses to permit entry for the purpose of inspection, the Health Officer may apply to the Municipal Judge of the Township for a search warrant. The application shall be based on an affidavit setting forth that the inspection is part of a regular program of inspection or that conditions and circumstances provide a reasonable basis for believing that a nuisance or unsanitary or unhealthy condition exists on the premises. If the Municipal Judge is satisfied that an inspection is necessary, he/she shall authorize the issuance of a search warrant permitting access to, and inspection of, the premises.
Emergency powers of the Health Officer. Whenever the Health Officer finds that a public safety will not permit delay, he/she may exercise one or more of the following powers without resorting to legal proceedings and without giving notice of, or holding, any hearing which would otherwise be required under any provision of this chapter. The Health Officer may prohibit the importation into the Township or the sale of, any food, drink or other item intended for human consumption or use from a source suspected of being infected, contaminated, unsanitary, unhealthy or dangerous. The Health Officer may order the seizure and destruction of any food, drink or other item intended for human consumption which is unwholesome or dangerous or liable to cause sickness or injury to the persons who consume it.
Incorporation by reference. The powers contained in this section shall not be in limitation of, but shall be in addition to, any other powers conferred upon the Board of Health or the Health Officer by any other ordinance, statute or regulation enacted thereunder.
A license issued under the terms and provisions of this chapter may be suspended or revoked by the Health Officer for a violation by the licensee of any state health code which is by its terms applicable thereto or in violation of any law of the United States, the State of New Jersey or any ordinance of the Township.
Except in cases of health emergencies as described in § 270-5C, a license issued under this chapter shall not be revoked, canceled or suspended until a hearing is held by this Board or its authorized representative. Written notice of the time and place of the hearing shall be served on the licensee at least 10 days prior to the date set for the hearing. The notice shall contain a brief statement of the grounds to be relied upon for revoking, canceling or suspending the license. Service shall be deemed effected either upon personal delivery to the person to be notified or upon deposit in the United States post office in a sealed envelope, postage prepaid, addressed to the person to be notified at the business address appearing on the license. At the hearing before the Health Officer, the person aggrieved shall have an opportunity to answer and thereafter be heard, and upon due consideration and deliberation by the hearer, the complaint may be dismissed, or if the hearer concludes that the charges have been sustained and substantiated, he/she may revoke, cancel or suspend the license in question.
Procedures at the hearing required in § 270-6 hereof shall be in conformance with the standards for other Township license hearings. Following such hearing by the Board or its authorized representative, the license holder shall have the right of appeal to the governing body. An appeal shall be taken by filing written notice with the Health Officer within five days after the receipt of a written order following a hearing by the Board or its authorized representative.
The governing body shall hear such appeal de novo within 30 days from the date of filing the notice of appeal.
The Health Officer, having reason to suspect that any retail food establishment is or may be a potential source of foodborne illness, he/she shall advise the owner or person in control of the premises accordingly and shall order the appropriate preventative measures.
In the event that such preventative measures are not taken immediately, the Health Officer may cause an order to be issued requiring the establishment to be closed in order to protect the public health.
The order will give the alleged violator an opportunity to be heard within a reasonable time not to exceed 15 days while the order remains in effect.
The Health Officer who suspects that an employee of any retail food establishment is ill or infected with a disease, or may be a carrier of a disease which may be transmitted through food, may order him or her to leave the establishment and to refrain from returning to work in or about such establishment and may order the employer to prohibit such employee from returning to work until permission is granted to return by the Health Officer.
Any person who shall violate any provision of this chapter or who shall refuse to comply with a lawful order or direction of the Health Officer shall be liable to penalties as hereinafter provided or an injunctive action as provided by law, or both.