[HISTORY: Adopted by the Board of Health of the Township of Colts Neck: Art. I, 5-11-1970 (Ch. 47, Art. I of the 1969 Code); Art. II, 10-19-1982 (Ch. 47, Art. II of the 1969 Code). Amendments noted where applicable.]
[Adopted 5-11-1970 by (Ch. 47, Art. I, of the 1969 Code)]
A code regulating retail food establishments and fixing penalties for violations is hereby established pursuant to N.J.S.A. 26:3-69.1 through 26:3-69.6. A copy of said code is annexed hereto and made a part hereof without the inclusion of the text thereof herein.
The codes established and adopted by this article are described and commonly known as Chapter 24 "Sanitation in Retail Food Establishments and Food and Beverage Vending Machines."
Three copies of Chapter 24 "Sanitation in Retail Food Establishments and Food and Beverage Vending Machines," have been placed on file in the office of the Secretary of this Board of Health, located at the Township Hall, upon the introduction of this chapter and will remain on file in said office for use and examination by the public.
Any person who violates any provision of or order promulgated under this article or code established herein shall, upon conviction thereof, be liable to a penalty of not less than $100 nor more than $1,000 for each violation. Each day a particular violation continues shall constitute a separate offense.
[Adopted 10-19-1982 by (Ch. 47, Art. II, of the 1969 Code)]
It shall be unlawful for any person or anybody to conduct a retail food establishment as defined in and governed by Chapter 24, "Sanitation in Retail Food Establishments and Food and Beverage Vending Machines," established by ordinance of the Colts Neck Township Board of Health dated May 11, 1970, referred to as Chapter 47, Article I, of the Revised General Ordinances of the Township of Colts Neck, without first having procured a license from the Colts Neck Township Board of Health so to do or without complying with any or all of the provisions concerning operation and maintenance of the same as contained in the aforementioned Chapter 24 "Sanitation in Retail Food Establishments and Food and Beverage Vending Machines."
[Amended 10-7-1997; 5-13-2009; 6-24-2015]
Annual license fees are based on the size of establishment as follows:
Year-round food establishments selling only prepackaged foods that are not potentially hazardous in nature shall be charged $40 annually.
Any establishment who fails to submit a complete application with the required fee to the Health Department by January 31 of each calendar year will be assessed a late fee equal to 50% of the initial licensing fee.
[Added 9-25-2019 by Ord. No. 2019-18]
A temporary retail food operator(s) license (in accordance with N.J.A.C. 8:24) shall be valid for a maximum period of 14 consecutive days. The fee for a fourteen-day temporary retail food operator(s) license shall be $60. An extended temporary retail food operator(s) license shall be valid for a maximum of 90 consecutive days. The fee for a ninety-day extended temporary retail food operator(s) license shall be $300.
[Amended 9-25-2019 by Ord. No. 2019-18]
Temporary food operators selling only prepackaged foods that are not potentially hazardous in nature shall be charged $30. The temporary license is only applicable for a specifically defined event as approved by the Health Department.
Food vending machines shall be charged $75 annually.
The Board of Health may waive the annual food licensing fee for produce stands selling only fresh, unprocessed agricultural products; self-operated school cafeterias and religious, civic and/or other approved nonprofit Township functions.
Any license issued upon the terms and provisions of this article may be suspended or revoked by the Board of Health of the Township of Colts Neck for the violations by the licensee of any provision of this article or the Retail Food Establishment Code of New Jersey (1965) or whenever it shall appear that the business, trade, calling, profession or occupation 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, any article 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.
A license issued under the terms and provisions of this article shall not be revoked, canceled or suspended until a hearing thereof shall have been had by the Colts Neck Township 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 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 by personal delivery thereof to the person to be notified or be deposited 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 at grief 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 governing body concludes that the charges have been sustained and substantiated, it may revoke, cancel or suspend the license thereof. The licensee nor any person acting for him or her directly or indirectly shall not be entitled to another license to carry on the same business within the Township of Colts Neck unless the application of such licensee shall be approved by the Board of Health.
No provision in this article shall be applied so as to impose any unlawful burden on either interstate commerce or any activity of the state or federal government.
Any person, firm or corporation who shall violate any of the provisions of this article shall, upon conviction, be punished with a fine not to exceed $500 or by imprisonment in the County Jail not to exceed 90 days, or by both such fine and imprisonment, and each violation of any of the provisions of this article and each day the same is violated shall be deemed and taken to be a separate and distinct offense.