[Adopted 5-18-1977]
As used in this Article, the following terms
shall have the meanings indicated:
Includes ice cream, fruit ices, ice milk, beverage or any
meat, fish, shellfish, poultry, bread or egg products.
Any vehicle, cart, wagon or any portable equipment used in
the business of selling, offering for sale or preparing food, with
or without charge, upon the streets or exterior premises of the Township
of Hillside.
Vehicles which sell or offer for sale any prepacked and sealed products may be exempt of the following provisions as contained in § 326-22 when, in the opinion of the enforcing agent, no hazard to the public health will result.
The following provisions must be complied with
in order to conduct a mobile food establishment:
A.
Vehicles and equipment are to be completely enclosed,
so as to protect food against dirt, dust and contamination.
B.
Outside openings shall be screened.
C.
Driver's compartment shall be partitioned from the
food preparation and storage facilities for protection against dirt,
dust and contamination.
D.
A utensil sink shall be provided for washing and sanitization
of all utensils used during the preparation of food. Such sink shall
contain separate compartments and shall be provided with a supply
of hot and cold running water under pressure and containing a faucet
mixing valve.
E.
Separate hand-washing facilities shall be provided
with hot and cold running water with a supply of soap and disposable-type
towels.
F.
A collection tank for wastewater shall be provided.
G.
Refrigeration shall be capable of providing a minimum
temperature of forty-five degrees Fahrenheit (45° F.) for products
requiring refrigeration and zero degree Fahrenheit (0° F.) for
frozen products. Hot foods shall be maintained at a minimum of one
hundred forty degrees Fahrenheit (140° F.).
H.
Food equipment shall be maintained in good repair
and shall be durable as to be resistant to denting, buckling, pitting,
chipping and excessive wear and capable of withstanding repeated cleaning.
Food contact surfaces shall be corrosive resistant, nontoxic and relatively
nonabsorbent.
I.
After each usage, all utensils and food contact surfaces
shall be cleaned to sight and touch. All surfaces of utensils and
food contact surfaces shall be cleaned and sanitized at regular intervals.
All non-food contact surfaces of equipment shall be kept clean and
free of accumulations of food particles and other debris.
J.
Single service articles shall be stored in closed
cartons or containers which protect them from contamination. Such
articles shall be handled and dispensed in such a manner as to prevent
contamination of surfaces.
K.
Ice shall be handled, transported and stored in a
sanitary manner.
L.
All floors, walls and ceilings shall be kept clean
and in good repair and capable of being easily cleaned.
M.
Food shall be from a source and maintained in compliance
with the applicable state and local laws and regulations.
N.
Food handlers shall maintain a high degree of personal
cleanliness and shall conform to good hygienic practices during all
working periods. All food handlers shall wear clean outer garments.
O.
Persons while affected with any disease in a communicable
form or while a carrier of such disease or while affected with boils,
infected wounds, sores or acute respiratory infection shall not work
in any capacity in a mobile food establishment.
P.
Adequate lighting shall be provided in the food preparation
and storage section.
It shall be unlawful for any person, partnership
or any corporation to conduct a mobile food establishment as defined
and established by this Article without first having procured a license
from the Hillside Board of Health.
Each license issued hereunder will be for a
period of one (1) year, commencing on July 1 and ending on June 30th
of each year. Such license shall be displayed in a conspicuous place
in the mobile food establishment. The fee for said license is hereby
fixed as one hundred fifty dollars ($150.).
Any license issued under the terms and provisions
of this Article may be suspended or revoked or renewal refused, at
the discretion of the Board of Health of this municipality, for the
violation by the licensee of any provision of this Article or whenever
it shall appear that the business, trade or calling of the person,
firm or corporation to whom such license was issued is conducted in
a disorderly or improper manner or in violation of any law of the
United States, the State of New Jersey or any ordinance of this municipality,
or that the person or persons conducting the mobile 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.
If any person, partnership or corporation granted
a license or if any employee, servant or agent of such licensed holder
shall violate any ordinance, code, regulation or special order of
the Board of Health or regulation or law of the State of New Jersey
in the conduct of the mobile food establishment for which said license
was granted, such license may be revoked, canceled or suspended or
renewal refused, at the discretion of the Board of Health, and after
the date of such revocation, said business shall not operate in Hillside,
New Jersey, until the conditions that caused revocation are rectified;
and the owner or person in charge of such business establishment and
any offending employee of such establishment may be prosecuted for
such violation of code or law as shall have occurred.
A license issued under the terms and provisions
of this Article shall not be revoked, canceled or suspended or renewal
refused 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 five (5) 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, suspending
or not renewing such license. Notice may be given either by personal
delivery thereof to the person to be notified or by depositing in
the United States Post Office in a sealed envelope, postage prepaid,
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 the 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, suspend or refuse to renew the license held
by the licensee.
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 unless the application for such
license shall be approved by the Board of Health.
The enforcing agent of the Board of Health shall
have the discretion as to whether or not to notify the Board of Health
after any violation shall occur with respect to any mobile food establishment
covered by this Article.
The Board of Health may, on its own volition,
schedule a hearing should a majority of the Board deem the same necessary
or in the best interest of the public welfare.
The Board of Health shall take into consideration
all past violations to determine the action to be taken, whether or
not such violations had been brought before the Board of Health by
the enforcing agent.
[Amended 7-5-1989; 8-7-1991]
A.
Any person, partnership, corporation or any employee,
servant or agent of such licensed holder who violates any provision
of this Article shall, upon conviction thereof, be liable to a penalty
of not less than fifty dollars ($50.) nor more than five hundred dollars
($500.) for each violation or be imprisoned for a period not exceeding
ninety (90) days, or both, at the discretion of the court. Each day
a particular violation continues shall constitute a separate offense.
B.
A fine assessed by the court for violation or violations
of this Article may be recovered from any individual or corporation
in any court of competent jurisdiction in the action of debt.
