It shall be unlawful for any person to conduct a retail food establishment or deliver milk or milk products without first having obtained from the Board a license. Only a person who complies with the provisions of Chapter 12 of the State Sanitary Code, which pursuant to the provisions of N.J.S.A. 26:3-69.1 to 26:3-69.6 is incorporated by reference herein as if set forth in full herein, three copies of which code are on file with and available for inspection at the office of the Board in the custody of the Secretary of said Board, shall be entitled to hold a license. Licenses shall not be transferable from one person or place to another person or place. A valid license shall be posted in every retail food service establishment. Licenses for temporary retail food establishments shall be issued for a single location and a period of time not to exceed seven days within any month, except at the discretion of the Board.
[Amended 7-13-1995 by Ord. No. 1995-2; 11-18-2004 by Ord. No. 2004-5; 3-18-2010 by Ord. No. 2010-1]
A. 
Any person desiring to operate a retail food service establishment shall make written application for a license on forms provided by the Board of Health. Such applications shall include the applicant's full name and post office address and whether such applicant is an individual, firm or corporation, and if a partnership, the names of the partners, together with their addresses, shall be included; the location and type of the proposed retail food service establishment; and the signature of the applicant or applicants. If the application is for a temporary food service establishment, it shall also include the inclusive dates of the proposed operation.
B. 
In order to obtain a license to operate a retail food service establishment, applicant must comply with the terms, conditions, and requirements as set forth in regulations issued by the State of New Jersey regulating food handlers and managers certifications, commonly known as "Chapter 24," entitled "Sanitation in Retail Food Establishments and Food and Beverage Vending Machines," of the New Jersey State Sanitary Code, N.J.A.C. 8:24-2.1 et al. The provisions of N.J.A.C. 8:24 are hereby adopted. The provisions of N.J.A.C. 8:24 are hereby incorporated by reference herein as if set full herein, three copies of which code are on file with and available for inspection at the office of the Board in the custody of the Secretary of said Board.
[Amended 10-16-2018 by Ord. No. 2018-2[2]]
[2]
Editor's Note: This ordinance also repealed former Subsections C through F, which immediately followed this subsection.
[1]
Editor's Note: The title of this section was amended 3-18-2010 by Ord. No. 2010-1 to include "manager’s certification."
Upon receipt of an application pursuant to this Article, the Health Officer shall make an inspection of the retail food service establishment to determine the compliance with the provisions of N.J.S.A. 26:2-62 to 26:2-71. When an inspection reveals that the applicable requirements of this Part 2 and the State Sanitary Code have been met, a license shall be issued to the applicant by the Board.
Notwithstanding the other provisions of this Part 2, whenever the Health Officer finds unsanitary or other conditions in the operation of a retail food service establishment which, in the Health Officer's judgment, constitute a substantial hazard to the public health, the Health Officer may, without warning, notice or hearing, issue a written notice to the license holder or operator citing such condition, specifying the corrective action to be taken and specifying a time period within which such action shall be taken; and if deemed necessary, such order shall state that the license is immediately suspended and that all food service operations are to be immediately discontinued. Any person to whom such an order is issued shall comply immediately therewith but, upon written petition to the Health Officer, shall be afforded a hearing pursuant to Article II of this Part 2.