[HISTORY: Adopted by the Board of Health of the Township of Monroe 4-28-1976 as Ord. No. BOH 4-76 (appeared as Ch. 66 of the 1967 Code). Amendments noted where applicable.]
A. 
There is hereby adopted by the Board of Health of the Township of Monroe, in the County of Gloucester and State of New Jersey, for the purpose of establishing rules and regulations for the construction, operation and maintenance of retail food establishments, that portion of the New Jersey State Sanitary Code entitled "Chapter 24, Sanitation in Retail Food Establishments and Food and Beverage Vending Machines." A copy of Chapter 24, Sanitation in Retail Food Establishments and Food and Beverage Vending Machines, of the New Jersey State Sanitary Code is annexed to this chapter, and three copies of the same have been placed on file in the office of the Township Clerk and are available to all persons desiring to use and examine the same.
[Amended 4-8-2015 by Ord. No. BOH 1-15]
B. 
Where provisions of this chapter, as hereinafter enumerated, are more restrictive than provisions of Chapter 24, Sanitation in Retail Food Establishments and Food and Beverage Vending Machines, of the State Sanitary Code, those provisions shall apply; but where any such provisions of this chapter are in conflict with the laws of the State of New Jersey or the provisions of Chapter 24, Sanitation in Retail Food Establishments and Food and Beverage Vending Machines, of the State Sanitary Code, then the provisions of Chapter 24, Sanitation in Retail Food Establishments and Food and Beverage Vending Machines, shall apply.
[Amended 4-8-2015 by Ord. No. BOH 1-15]
C. 
Upon adoption, a certified copy of this chapter shall be filed with the State Commissioner of Health.
A. 
All definitions set forth in Chapter 24, Sanitation in Retail Food Establishments and Food and Beverage Vending Machines, of the State Sanitary Code, except as hereinafter modified, are incorporated and made a part of this section by reference.
[Amended 4-8-2015 by Ord. No. BOH 1-15]
B. 
As used in this chapter, the following terms shall have the meanings indicated:
CHARITABLE, NONPROFIT, AND PHILANTHROPIC
Includes political, patriotic, religious, service, welfare, benevolent, educational, civic or fraternal corporations, organizations, associations, societies and the like not organized for private gain. Examples of nonprofit organizations include veterans' groups and organizations which assist the poor, the aged, the sick, the physically disabled or mentally retarded or which aid victims of fire, flood or similar catastrophes. This enumeration is intended to be typical and shall not be construed as exclusive. All applicants shall provide satisfactory proof of nonprofit status upon request, including, but not limited to, evidence of tax exemption.
[Added 10-12-2016 by Ord. No. BOH 1-2016]
MOBILE RETAIL FOOD ESTABLISHMENTS
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.
NONPROFIT YOUTH-SERVING ORGANIZATION
A corporation, association, or other organization established pursuant to Title 15 of the Revised Statutes, Title 15A of the New Jersey Statutes, or other law of the state, which is exempt from federal income taxes, excluding public or nonpublic schools, and which provides sports-related activities or services for persons 18 years of age or younger, in connection with Monroe Township sponsored or cosponsored sports programs, organizations or leagues.
[Added 10-12-2016 by Ord. No. BOH 1-2016]
RETAIL FOOD ESTABLISHMENT
Any fixed or mobile restaurant; coffee shop, cafeteria or short-order cafe; luncheonette; grill, tearoom; sandwich shop; soda fountain; tavern; bar; cocktail lounge; nightclub; roadside stand; industrial feeding establishment; private, public or nonprofit organization or institution serving food; catering kitchen; commissary; box lunch establishment; retail bakery; meat market; delicatessen; grocery store; public food market or similar place in which food or drink is prepared for retail sale or for service on the premises or elsewhere; and any other retail eating or drinking establishment or operation where food is served, handled or provided for the public, with or without charge, except that agricultural markets, covered dish suppers or similar types of church or non-profit-type institution meal services shall meet the special provisions of § 283-10.
TEMPORARY RETAIL FOOD ESTABLISHMENT
Any retail food establishment which operates at a fixed location for a temporary period of time in connection with a fair, carnival, circus, public exhibition or similar transitory gathering, including church suppers, picnics or similar organizational meetings, mobile retail food establishments, as well as agricultural markets.
A. 
It shall be unlawful for any person or any body corporate to conduct a retail food establishment, as defined in and governed by the New Jersey State Sanitary Code, Chapter 24, Sanitation in Retail Food Establishments and Food and Beverage Vending Machines, as adopted by reference herein, without first having procured a license and a certificate of approval to operate from the Board of Health of the Township of Monroe so to do or without complying with any and all of the provisions concerning construction, operation and maintenance of retail food establishments as contained in the aforementioned New Jersey State Sanitary Code, Chapter 24, Sanitation in Retail Food Establishments and Food and Beverage Vending Machines.
[Amended 4-8-2015 by Ord. No. BOH 1-15]
B. 
The fees for licensure and certification of approval of retail food establishments are hereby fixed as follows:
(1) 
For all retail food establishments of a permanent or temporary nature where the square footage of the area within which the retail food establishments shall be maintained is easily ascertained, the charge shall be as set forth in Chapter 74; the charge shall be $40 for the first 2,500 square feet and $40 for each additional 2,500 square feet or fractional part thereof.
[Amended 6-8-1988; 6-8-1994 by Ord. No. BOH 3-94; 12-14-1994 by Ord. No. BOH 4-94; 9-23-2003 by Ord. No. O-42-2003; 6-8-2011 by Ord. No. BOH 1-11]
(2) 
Where such square footage as stated in Subsection B(1) above cannot be easily ascertained, such as the example of a picnic-style temporary food establishment, as above defined, the fee shall be at the flat rate of $40. The late fee for said licenses after January 31 shall be $5 for each 30 days thereafter.
[Amended 6-8-1988; 6-8-1994 by Ord. No. BOH 3-94; 12-14-1994 by Ord. No. BOH 4-94; 6-8-2011 by Ord. No. BOH 1-11]
(3) 
The Board of Health of the Township of Monroe hereby reserves the right to waive a part or all of the above fees and issue a license at no charge or at a reduced rate to such organizations coming under the category of a recognized church group, 4H Club or a similar type of church or nonprofit organization.
C. 
Any license or certificate of approval to operate issued under the terms and provisions of this chapter may be suspended or revoked by the Board of Health of this municipality for the violation by the licensee of any provision of this chapter or whenever it shall appear that the business, trade, calling, profession or occupation of the person, firm or corporation to whom or to which such license was issued is conducted in a disorderly or improper manner or in violation of any law of the United States or the State of New Jersey or any ordinance of this municipality 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.
(1) 
Upon the issuance by an authorized Health Inspector of a notice of intention to revoke, cancel or suspend a license of a retail food establishment, the Inspector is authorized to request the holder of the license to voluntarily close the premises and bring the establishment within the requirements of this chapter without posting an unsatisfactory notice or publication of any violations to the general public.
(2) 
The Health Inspector may also immediately close the retail food establishment where the licensee has not voluntarily closed the premises and where, in the Inspector's opinion, there is a clear and present danger of health violations which would seriously and detrimentally affect the health, safety and well-being of the general public.
(3) 
A retail food establishment that is voluntarily closed or immediately closed by the Health Inspector is entitled to an immediate hearing before the Board of Health, which hearing shall be conducted within 48 hours of said closedown.
(4) 
A license issued under the terms and provisions of this chapter shall not otherwise be revoked, canceled or suspended until a hearing thereon shall have been had by the Board of Health. Written notice of the time and place of such hearing shall be served upon the licensee at least three days prior to the date set for such hearing. Such notice shall also contain a brief statement of the grounds to be relied upon for revoking, canceling or suspending such license. Notice may be given either by personal delivery thereof to the person to be notified or by certified or regular mail addressed to such person to be notified at the business address appearing upon said 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 Board of Health concludes that the charges have been sustained and substantiated, it may revoke, cancel or suspend the license held by the licensee.
(5) 
If any such license shall have been revoked, neither the holder thereof nor any person acting for him, directly or indirectly, shall be entitled to another license to carry on the same business within the Township of Monroe unless the application for such license shall have been approved by the Board of Health of the Township of Monroe.
[Amended 4-19-1978 by Ord. No. BOH 1-78]
A. 
Application for license and certificate of approval.
(1) 
Each applicant for a license and certificate of approval to operate under the provisions of this chapter shall file with the Secretary of the Board of Health, prior to the beginning of the construction, reconstruction or installation of equipment and other implements used in the retail food establishment, a written notice and application signed by the applicant or applicants, which application shall state:
(a) 
The name and residence of the applicant and, if a firm, association, partnership or corporation, the name and address of the officers and the registered agent or partners. If the application is being made on behalf of someone other than the applicant, then the name and address of the person for whom the application is being made shall be stated.
(b) 
The detailed nature of the business to be conducted.
(c) 
The place where the business is to be located and carried on, by metes and bounds, and also the present zoning classification of said property, as well as the lot, plate and block number and the commonly known address of said location.
(2) 
If the applicant is not the owner of the site where the business is to be conducted, the owner's consent to the conduct of the business shall accompany the application.
(3) 
The application shall be signed by the owner and operator of the proposed facility.
B. 
No license or certification of approval to operate shall be issued until the Health Officer of the Township of Monroe or a duly designated officer of the Gloucester County Department of Health shall have approved the retail food establishment as having complied with the provisions of this chapter.
C. 
Said license or certification of approval to operate shall be issued upon approval of the retail food establishment by the Health Officer of the Township of Monroe and shall expire on December 31 of the year when issued. No license or certification of approval shall be issued until the aforesaid fee has been paid and all inspections have been made by the Board of Health. Renewal of licenses and certificates of approval to operate shall be effective commencing the first day of January in the year following the approval or last renewal and shall be valid for one year, unless the applicant shall not have complied with any conditions required by the Board of Health and/or the designated Health Officer pursuant to the prior year's license. If all provisions of this chapter and Chapter 24, Sanitation in Retail Food Establishments and Food and Beverage Vending Machines, of the New Jersey State Sanitary Code have been met and no complaints are pending with the Board of Health as to the applicant's prior operation, then said license and certificate of approval to operate shall be reissued upon payment of a minimum fee of $40 for the first 2,500 square feet and an additional $40 for each 2,500 square feet or fractional part thereof above 2,500 square feet, said fee to be paid on or before the 15th day of December in the year preceding the renewal.
[Amended 6-8-1988; 2-12-2014 by Ord. No. BOH 2-14; 4-8-2015 by Ord. No. BOH 1-15]
[Amended 4-19-1978 by Ord. No. BOH 1-78]
A. 
Following the issuance of a license or certificate of approval to operate a retail food establishment, if there is any change in the owner or operator of such retail food establishment, any of the partners within the partnership that owns or operates such retail food establishments, more than 50% of the voting stock of the corporation that owns or operates such retail food establishment, the registered agent of the corporation that owns or operates such retail food establishment, the address of any party whose address appears on the application for license or certificate of approval to operate such retail food establishment, the nature of the business to be conducted by such retail food establishment or the location of the place of business, then the owner and operator of such retail food establishment shall serve notice upon the Secretary of the Board of Health of such change.
B. 
Upon the transfer or assignment in ownership of a retail food establishment, the party or parties to whom such ownership is transferred or assigned shall make application to the Board of Health of Monroe Township for transfer or assignment of the license and certificate of approval to operate such retail food establishment The Board shall review such application at a public meeting and, within the standards imposed by this chapter for approval of a license and certificate of approval to operate a retail food establishment, shall adopt a resolution, approving or denying such transfer or assignment of license and certificate of approval. A fee of $50 shall be submitted with the application, and no action shall be taken by the Board unless such fee shall first be paid. It shall be unlawful for a transferee or assignee of a retail food establishment to operate the same without approval of the transfer or assignment of the license and certificate of approval by the Board of Health of Monroe Township.
C. 
Nothing contained herein shall bar the right of any heir, executor or administrator of any licensed retail food establishment to continue the operation of such licensed premises, subject to notice to the Board of the death of the operator and name and address of the heir, executor or administrator who shall continue the operation.
D. 
Any transfer of location of the place of business shall require a new application in accordance with § 283-4 of this chapter. No license may be transferred from location to location.
A. 
Compliance. The licensee shall be required to comply with all ordinances of the Township of Monroe or applicable state statutes and regulations governing the operation, including all statutes and regulations pertaining to health and fire and all ordinances and regulations of the Board of Health.
B. 
Inspection. The Board of Health may designate any of its personnel or appointees or such other agencies of the township, such as the Police Chief or Fire Chief, to inspect the licensed premises to determine whether the licensee has and/or is complying with the provisions of this chapter and applicable state statutes and regulations. Such inspection shall be performed in a reasonable manner so as to not unduly interrupt the business operations of the licensee.
[Amended 6-11-1986 by Ord. No. BOH 6-86]
A. 
State Sanitary Code.
(1) 
Each violation of any provision of the State Sanitary Code shall constitute a separate offense, and any person convicted of any violation shall be subject to a fine of not less than $25 nor more than $100. Each day that said violation continues shall constitute a separate and distinct offense. Each such penalty shall be sued for and recovered in a civil action by the Board of Health in a court of competent jurisdiction pursuant to the provisions of N.J.S.A. 26: 1A-10.
(2) 
The penalty provided herein shall not be deemed to bar or exclude any other power or enforcement which the Board of Health, by and through its public officers, shall have in order to enforce compliance with the provisions of the State Sanitary Code.
B. 
Any person convicted of any violation of this chapter shall be subject to a fine not exceeding $500 and not less than $5. Each twenty-four-hour period of said violation shall be deemed to be a separate offense and punishable as aforesaid by said fine.
Nothing in this chapter shall be construed to abrogate or impair the power of the Board of Health or the Township of Monroe or any agency or officer thereof to enforce any provisions of any act or legislation of the State of New Jersey, or regulations supplemental thereto, or any ordinance or regulation of the Board of Health and the Township of Monroe, nor to prevent or punish violations thereof. The powers conferred in this chapter shall be in addition and supplemental to the powers conferred by any other law or regulation of the State of New Jersey or ordinances or regulations pursuant thereto adopted by this Board of Health or the Township of Monroe.