[Adopted 5-18-1977]
As used in this Article, the following terms shall have the meanings indicated:
FOOD
Includes ice cream, fruit ices, ice milk, beverage or any meat, fish, shellfish, poultry, bread or egg products.
MOBILE FOOD ESTABLISHMENT
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.