[HISTORY: Adopted by the Council sitting as the Board of Health of the Township of Ewing as indicated in article histories. Amendments noted where applicable.]
Article I Retail Food Establishment Code
Article II Operating Hours
[Adopted 11-24-1998 by Ord. No. 98-13 as Ch. 240 of the 1998 Code]
A code regulating retail food establishments and fixing penalties is hereby established pursuant to N.J.S.A. 26:3-69.1 et seq. A copy of the code is annexed to this article and made a part of it without the inclusion of the text thereof herein.
The code established and adopted by this article is described and commonly known as the "Retail Food Establishment Code of New Jersey (1965)."
Three copies of the Retail Food Establishment Code of New Jersey (1965) have been placed on file in the offices of the Secretary of the Board of Health and the Township Clerk for the use and examination of the public.
The code is amended in Section 1.82 to read as follows:
1.82. "Health Authority" shall mean regular and special patrolmen and superior officers of the Police Department, the Township Building Inspector or Building Official, the Plumbing Inspector, the Health Official, or any other official authorized by the Board of Health to enforce this code and chapter.
It shall be unlawful for any person or any body corporate to conduct a retail food establishment as defined in and governed by the Retail Food Establishment Code of New Jersey (1965), established by ordinance of the local Board of Health dated May 1, 1965, without first having procured a license from the local 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 Retail Food Establishment Code of New Jersey (1965).
Licenses will be issued for a one-year period from June 1 to May 31.
Any license issued under the terms and provisions of this article may be suspended or revoked by the Board of Health of this municipality for the violation 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 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.
A license issued under the terms and provisions of this article shall not 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 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 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 governing body concludes that the charges have been sustained and substantiated, it may revoke, cancel or suspend 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.
No provision of this section shall be applied so as to impose any unlawful burden on either interstate commerce or any activity of the state or federal government.
The provisions of this section are declared to be severable, and if any section, subsection, sentence, clause or phrase hereof shall, for any reason, be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, subsections, sentences, clauses and phrases of this section, but they shall remain in effect; it being the legislative intent that this section shall stand notwithstanding the invalidity of any part.
[Adopted 4-27-2004 by Ord. No. 04-07; amended 12-14-2004 by Ord. No. 04-19]
No retail sales or service business shall conduct any such business before 6:00 a.m. on any day, after 11:00 p.m. on the same day on Mondays through Thursdays, or after 12:00 midnight on Fridays through Sundays and legal holidays, in any manner, if located within 250 feet of any building or structure zoned or occupied for residential purposes.
For purposes of this article, the above-specified minimum distance of 250 feet shall be measured on a straight line:
From the point in any building or structure used for any such retail or service business closest to the nearest building or structure zoned or occupied for residential purposes; and
To that point on any such residential building or structure closest to the point referred to in Subsection A hereof; but
Excluding any residential building or structure occupied by the owner, operator or any employee of the retail or service business concerned.
The following retail sales and service business operations, and activities ancillary and customarily incidental thereto, including food service, shall, if not otherwise excluded pursuant to § 400-6 hereof, be specifically exempted from the application of this article, all being either otherwise regulated by law, deemed to involve minimal nuisance characteristics, necessary for the public health, safety or convenience, or some combination of the foregoing, as follows:
Establishments licensed for the sale of alcoholic beverages pursuant to Chapter 91 of the Ewing Township Code, whose hours and mode of operation are governed separately by Township ordinances and by N.J.S.A. 33:1-1 et seq. of the laws of New Jersey pertaining to alcoholic beverages.
Barbershops, barber schools or barber colleges.
Bowling alleys operating within the interior of an enclosed building or structure.
In-house cafeterias and similar retail food operations customarily servicing employees or residents of institutions but not the general public and operating within the interior of an enclosed building or structure.
Gasoline service stations, provided such operations do not include automobile or truck repair or body and fender repair work during the hours prohibited by this article.
Hotels and motels.
Medical and dental services, including hospitals, nursing homes and rehabilitation centers.
Movies or other theatrical performances, provided that the final performance or featured film of any given date commences at or before 11:00 p.m. on that date.
Supermarkets, groceries, convenience stores selling food products within the interior of an enclosed building or structure primarily for off-premises preparation or consumption.
Restaurants, offering full-service meals on a twenty-four-hour basis, seven days a week.
Incidental activities not involving retail sales or service within or about any retail or service business which may be required in advance of or after the hours of operation permitted by this article, including, but not limited to, cleaning and sweeping, off-street loading and unloading of inventory and supplies, and disposal of waste and garbage, provided such activities are carried on in such reasonable manner as to emit the least possible noise.
Establishments selling only prepared foods for purposes of immediate take-out off-premises consumption only may apply to Council to operate after the hours designated in this article as provided hereafter:
Any such take-out only services provided by an establishment that also permits on-premises seating and consumption during regular hours must close all such seating off from the public from 11:00 p.m. to 6:00 a.m. Mondays through Thursdays and from 12:00 midnight to 6:00 a.m. Fridays, Saturdays and Sundays.
Any establishment wishing to remain open for take-out purposes only must submit a security plan to the Chief of Police demonstrating the measures that the establishment intends to implement to prevent the congregation of the establishment's customers in the parking lot and ares surrounding the establishment. Establishments having submitted a security plan that has been approved by the Chief of Police may apply to Council for authority to operate after the hours established by this article.
Failure to submit a satisfactory security plan that has been approved by the Chief of Police or if the police indicate that the operation of the establishment during extended hours constitutes a nuisance, noise detriment or security risk to patrons and the surrounding residential areas shall result in rejection of the establishment's request for extended hours of operation.
An establishment serving take-out that received authority to operate after the hours established in this article must reapply to Council for authority to operate after the hours established in this article if an incident occurs at the establishment during such extended hours in which the police are summoned. For any such reapplication for authority to continue to operate in extended hours, the establishment must provide proof, satisfactory to the Council, that the police do not consider the continued operation of the establishment during such extended hours to be a nuisance, noise detriment or security risk to the surrounding residential areas.
Any person, firm or corporation violating any provision of this article shall, upon conviction therefor, pay a fine of not to exceed $500, with each violation or day of continued violation constituting a separate offense.