[HISTORY: Adopted by the Township Council of the Township of West Milford 5-20-1992 by Ord. No. 1992-21. Amendments noted where applicable.]
[Amended 3-1-2023 by Ord. No. 2023-004]
A. 
It shall be unlawful for any person to conduct a retail food establishment as defined in N.J.A.C. 8:24 without obtaining a license from the Health Department and displaying that license in a conspicuous place within the establishment.
B. 
No license shall be issued by the Health Department unless a valid certificate of occupancy is issued by the Construction Official for the premises. A certificate of occupancy shall be required for any retail food establishment that has been renovated or has changed ownership.
[Amended 9-21-2005 by Ord. No. 2005-14; 12-5-2007 by Ord. No. 2007-030]
The fees for licenses required under this chapter are included in Chapter 135, Fees and Costs.
[Amended 3-1-2023 by Ord. No. 2023-004]
A. 
Licenses issued under the provisions of this chapter shall expire annually on June 30 of each year, and application for renewal together with the required fee shall be submitted prior to June 30 of each year.
B. 
A certificate or license issued by the Health Department is not transferable from person to person or from premises to premises.
[Added 3-16-2022 by Ord. No. 2022-010]
A. 
Food trucks are herein defined as a mobile "retail food establishment" and subject to compliance with all applicable provisions for retail food establishments, pursuant to the State Sanitary Code and as set forth in N.J.A.C. 8:24-1.1 et seq. Food trucks shall be allowed to operate within the Township of West Milford only upon payment of the required annual fee.
B. 
Food truck operation shall be allowed on both private and public property, upon designation of specific dates, and only upon written approval of the property owner. For any food truck operation seeking to occur on Township property, such written approval shall be by Township Administrator, and as delegated by the governing body.
[Added 3-1-2023 by Ord. No. 2023-004]
A representative of the Health Department shall have the right to enter, at any hour, any premises wherein or whereon food storage, food preparation or food service activities or business is conducted and to inspect any part thereof.
[Added 7-16-2025 by Ord. No. 2025-022]
A. 
Temporary food establishment license (Class 1). Includes food demonstrators, carnivals, sidewalk fairs and any retail food operation, whether for profit or nonprofit, operating for a temporary period not exceeding 10 events within a calendar year and not having a degree of permanence attached to the operation.
B. 
Temporary food establishment license (Class 2) Includes food demonstrators, carnivals, sidewalk fairs and any retail food operation, whether for profit or nonprofit, operating for a temporary period not exceeding one event within a calendar year and not having a degree of permanence attached to the operation.
C. 
An application for a temporary food establishment license, Class 1 or Class 2, shall be accompanied by the fee as set forth in § 135-18.