Chapter 186 FOOD ESTABLISHMENTS, RETAIL. ARTICLE I Construction, Operation and Maintenance. ARTICLE II Licensing

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1 Adoption of standards Title Copies on file Violations and penalties. Chapter 186 FOOD ESTABLISHMENTS, RETAIL ARTICLE I Construction, Operation and Maintenance ARTICLE II Licensing License and plans required; contents of plans and specifications; plan approval Mobile restaurants Nonfood items in vending machines Hours for food vending vehicles Expiration of license; renewal Fees Grounds for suspension or revocation of license Suspension or revocation of license Notice of hearing Hearing regarding suspension or revocation; decision Effect of license revocation Violations and penalties. ARTICLE III Food Handlers Certificates Certificate required Definitions Course of instruction required Applicability; responsibilities of establishments and handlers Transferability Fees Suspension or revocation Course dates Records Violations and penalties When effective. [HISTORY: Adopted by the Board of Health of the Township of East Hanover as indicated in article histories. Amendments noted where applicable.] ARTICLE I

2 Adoption of standards. Construction, Operation and Maintenance [Adopted as Art. VII of Board of Health Ord. No ] Chapter 12 of the New Jersey State Sanitary Code regulating the construction, operation and maintenance of retail food establishments is hereby adopted pursuant to N.J.S.A. 26: to 26: A copy of said Chapter 12 of the New Jersey State Sanitary Code is annexed hereto and made a part hereof without the inclusion of the text herein Title. The chapter of the New Jersey State Sanitary Code established and adopted by this article is commonly known as the New Jersey Sanitary Code, Chapter 12, Construction, Operation and Maintenance of Retail Food Establishments Copies on file. Three copies of the New Jersey State Sanitary Code, Chapter 12, Construction, Operation and Maintenance of Retail Food Establishments, have been placed on file with the Health Officer upon the introduction of this article and will remain on file with the Health Officer for use and examination by the public Violations and penalties. Any person who shall violate any of the provisions of this article shall, upon conviction, be subject to the penalties provided in of Chapter 164, General Provisions, Board of Health. ARTICLE II Licensing [Adopted as Art. VIII of Board of Health Ord. No ] License and plans required; contents of plans and specifications; plan approval. [Amended by Board of Health Ord. No ; by Board of Health Ord. No ] A. License required. It shall be unlawful for any person or any body corporate to conduct a retail food establishment or to engage in operating one or more vending machines, as defined in and governed by Chapter 12 of the New Jersey State Sanitary Code, without first having procured a license from the Board of Health to do so and without complying with any and all of the provisions concerning the operation and maintenance of the same as contained in the aforementioned Chapter 12 of the New Jersey State Sanitary Code and the Code of the Township of East Hanover. B. Submission of plans required. Whenever a retail food establishment is constructed or renovated, and whenever a structure is converted to use as a retail food establishment or alterations or other changes in the operation are made that in the opinion of the Health Officer will change the nature of the operation, plans and specifications for the establishment must be submitted to the Health Department for review and approval before construction, renovation or conversion is begun. C. Contents of the plans and specifications. The plans and specifications for a retail food

3 establishment shall include, as required by the Health Officer based on the type of operation, type of food preparation and foods prepared, the following information: (1) Intended menu. (2) Anticipated volume of food to be stored, prepared and sold or served. (3) Proposed layout, mechanical schematics, construction materials and finish materials. The layout shall be drawn to a scale of 1/4 inch equals one foot and shall be signed and sealed by a New Jersey licensed architect or engineer. (4) Proposed equipment types, manufacturers, model numbers, locations, dimensions, performance capacities and installation specifications. (5) Written standard operating procedures that reflect a knowledge of general food safety and the establishment s ability to implement state and local food safety regulations, including indication of how practices ensure that transmission of disease is prevented; food is received from an approved source; food is stored, prepared and transported properly; potentially hazardous foods are properly maintained; effective warewashing is conducted; and proper records are maintained. (6) Proposed program of training for supervisory personnel and food handlers. (7) Any other information that may be required by the Health Officer for the proper review of the proposed construction, renovation, conversion or alteration. D. Plan approval. [Added by Board of Health Ord. No ] (1) The Health Officer shall examine or cause to be examined all applications for approval to construct or renovate a retail food establishment and approve or deny, in whole or in part, the application within 30 days of the date of submission. If the application is denied in whole or in part, the Health Officer shall set forth the reasons therefor in writing. If the application is approved, the Health Officer shall provide the applicant with a written letter of approval. (2) Any approval for construction or renovation of a retail food establishment shall become invalid if the authorized work is not commenced within 12 months after the issuance of the approval or if the authorized work is suspended or abandoned for a period of six months after the time of commencing the work. (3) The Health Officer may revoke an approval for the construction or renovation of a retail food establishment for any false statement or misrepresentation of fact in the application or on the plans on which the approval was based. (4) The Health Officer shall be notified of the start of construction or renovation work at the retail food establishment at least 24 hours in advance Mobile restaurants. [Amended by Board of Health Ord. No ; by Board of Health Ord. No ; by Board of Health Ord. No ] A. For the purposes of this section, certain terms are defined as follows: MOBILE RETAIL FOOD VENDOR Any movable restaurant, truck, van, trailer, cart or other movable conveyance, including hand- carried or portable containers in which food or beverage is transported, stored or prepared for retail sale or given away at temporary locations.

4 TEMPORARY LOCATION Any locations on public or private property which the mobile retail food vending equipment occupies or where the mobile retail food vendor conducts business in any manner for a total cumulative time period of no more than one hour in any twenty-fourhour period, commencing at 12:00 midnight. Any interruption or removal of equipment and/or of the vendor during any twenty-four-hour period shall not constitute the commencement of a new one hour period. (1) Notwithstanding the above, a mobile retail food vendor may conduct business for a total accumulated time period of up to six hours per day at Lurker Park, Sommers Park and/or Dean D Ambola Park with the written permission of the Town Council or the person or organization duly authorized by the Council having jurisdiction over the park. Said permission may be withdrawn with or without cause at any time and in the sole discretion of the Town Council or its duly authorized representative. In addition to any other requirements under this section, a mobile food vendor who wishes to operate more than one hour per day at one of the above parks must also meet the following conditions: (a) The application must specify the reason for the type and duration of the service requested. (b) The application must specify the specific location within the park where the service will be located. B. An applicant for a mobile retail food vendor s license must provide to the Board of Health an affidavit setting forth the need of this type of service, approximate duration of time, the days of the week of the anticipated service, exact location and name or trade name of the applicant. Where the location is to be on public property, the Town Council or the person or organization duly authorized by the Council having jurisdiction over the property is to make the affidavit. Where the location is on private property, the property owner is to make the affidavit. C. Mobile retail food vendors may not conduct business on any public access street in the township. Mobile retail food vendors shall not dispense food or beverage within 500 feet of any other food establishment. Cleanup and removal of litter generated by the mobile retail food vendor shall be the responsibility of the mobile retail food vendor and shall be a condition of any license conveyed to said vendor. D. Frozen dessert vendors and established milk routes are excluded from this section Nonfood items in vending machines. [Added by Board of Health Ord. No ] 1 Editor s Note: Former 186-7, Food vending vehicles, was repealed by Board of Health Ord. No It shall be unlawful for any vending machine to contain for sale or distribution any tobacco or tobacco related products Hours for food vending vehicles. Food vending vehicles dispensing ice cream, soft drinks or food shall not conduct business between the hours of 9:00 p.m. and 6:00 a.m Expiration of license; renewal. [Amended by Board of Health Ord. No ; by Board of Health Ord. No ]

5 Every license issued or approved under the provision of this Article shall expire on December 31 of the year of its issue, with the exception of temporary licenses, and an application for renewal thereof shall be submitted, together with the required fee, at least 10 days prior to December 31 of each year. Establishments which fail to submit an application before December 31 will be subject to a late fee of $50. Establishments operating without a valid license will also be subject to immediate closure. A temporary license shall expire seven days after its issue Fees. A. [Amended by Board of Health Ord. No ; by Board of Health Ord. No ] The fees for licensure of retail food establishments and vending machines are hereby fixed as follows: (1) For retail food establishments other than retail eating or drinking establishments or other places where food is served, for each 5,000 square feet of floor space or fraction thereof, including storage areas, see Appendix A, Fee Schedule, at the end of Part III of the Code. 2 2 Editor s Note: 5ee now (2) For retail eating, drinking or other establishments where food or drinks are served, the license fee shall be computed on the seating capacity of the establishment. See Appendix A, Fee Schedule, at the end of Part III of the Code. 3 For the purposes of computing the license fee under this Subsection A(2), seating capacity shall mean the total number of chairs, stools or other similar individual units as hereinafter described. When benches are used or standing space is offered at a bar or counter, each 20 inches of linear length of said bench, bar or counter shall be counted as one seat; each stall or parking space for automobiles where food is served, commonly called curb service, etc., shall be counted as one seat. 3 Editor s Note: See now (3) For temporary retail food establishments other than mobile units, the license fee shall be set forth in Appendix A, Fee Schedule, at the end of Part III of the Code. 4 The license shall expire seven days after its issue. 4 Editor s Note: See now (4) For mobile restaurants and other mobile units engaged in the retail distribution, sale or delivery of foods and/or drinks or frozen desserts, the license fees shall be set forth in Appendix A, Fee Schedule, at the end of Part III of the Code. 5 5 Editor s Note: See now (5) For milk vendors, the license fee for each delivery vehicle shall be as set forth in Appendix A, Fee Schedule, at the end of Part III of the Code. 6 6 Editor s Note: See now (6) For vending machines, the license fees shall be at the rate of $0.50 per penny calculated at the highest denomination of money required in said machine, provided that there shall be a maximum fee of $50 for any machine. Each machine having a separate money slot shall be individually licensed. B. Notwithstanding anything to the contrary contained in this section, no fee shall be charged for a

6 license when the same is issued to a hospital, church, school or any nonprofit organization, society or group. C. The fees for a reinspection necessitated by a conditional satisfactory or unsatisfactory rating given at an initial inspection of a retail food establishment shall be in the amount of the original license fee established for the premises in The fees for a reinspection necessitated by a second conditional satisfactory or unsatisfactory rating given in the same calendar year or a second consecutive conditional satisfactory or unsatisfactory rating, regardless of year, shall be in the amount of twice the original license fee established for the premises. [Added by Board of Health Ord. No ] Grounds for suspension or revocation of license. Any license issued pursuant to this Article may be suspended or revoked by the Board of Health if: A. The licensee has violated any provision of this Article or Chapter 12 of the New Jersey State Sanitary Code; B. The business, trade, calling or occupation of the person to whom the license was issued is conducted in a disorderly or in an improper manner or in violation of any state or federal law or any ordinance of the Township of East Hanover; C. The person or persons conducting the retail food establishment is of an unfit character to conduct the same; D. The purpose for which the license was issued is abused to the detriment of the public health; or E. The license is being used for a purpose foreign to that for which the license was issued Suspension or revocation of license. [Amended by Board of Health Ord. No ] A. The Health Officer may suspend a license granted pursuant to this article when, in the opinion of the Health Officer, conditions of the licensed establishment are such that continued operation of the establishment poses an imminent threat to the health of the public or patrons of the establishment. The Health Officer shall restore the license of the establishment upon verification that the conditions causing the suspension have been abated. The Health Department shall conduct an inspection to verify abatement of conditions within 72 hours of receiving notification from the licensee that the conditions causing the suspension have been abated. B. Except as indicated in A, a license pursuant to this article shall not be suspended or revoked until a hearing thereon has been held by the Board of Health, as hereinafter set forth in this article Notice of hearing. A. Written notice of the time and place of the hearing with respect to the proposed suspension or revocation of the license issued pursuant to this Article shall contain a brief statement of grounds for the proposed suspension or revocation. B. Such notice shall be served upon the licensee at least three (3) days prior to the date set for such hearing.

7 C. Said notice may be served: (1) By delivery thereof personally to the person to be notified; or (2) By mailing such notice by either registered or certified mail addressed to the person to be notified at the business address set forth in the license Hearing regarding suspension or revocation; decision. A. At the hearing before the Board of Health with respect to the proposed suspension or revocation of license, the person to whom the notice is directed shall be given an opportunity to answer and to be heard. B. After due consideration and deliberation, the Board of Health may dismiss the complaint or, if it concludes that the charges have been substantiated, may suspend or revoke the license Effect of license revocation. If any license issued pursuant to this Article shall be 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 East Hanover unless the application for such license shall be approved by the Board of Health Violations and penalties. Any person, firm or corporation who shall violate any of the provisions of this Article shall, upon conviction, be subject to the penalties provided in of Chapter 164, General Provisions, Board of Health Certificate required. ARTICLE III Food Handlers Certificates [Adopted as Board of Health Ord. No ] This Article requires all persons engaged in or employed in this business of preparing or processing food or drink intended for human consumption to obtain a food handler s certificate after completing the required educational course therefor. All employers shall keep accurate records of all such persons employed, and a fee shall be fixed for the issuance of a certificate and penalties imposed for the violation thereof Definitions. As used in this Article, the following terms shall have the meanings indicated: FOOD Includes any food or beverage intended for human consumption. FOOD HANDLER S CERTIFICATE A permit or license issued or granted to any person in connection with preparation or sale of food products Course of instruction required.

8 The food handler s certificate required by this Article shall not be issued or granted to any person unless and until the person seeking such food handler s certificate shall have first completed a course of instruction in food protection, sanitation, personal hygiene, bacteria and food poisoning, dishwashing procedures and other food handlers requirements. The course of instruction shall be under the supervision and direction of the Board of Health of the Township of East Hanover Applicability; responsibilities of establishments and handlers. [Amended by Board of Health Ord. No ] A. No person shall engage in or be employed in the business of preparing, handling or processing food intended for human consumption for a period of ninety (90) days without attending the Food Handler s Course of Instruction of the Township of East Hanover, New Jersey, and also fully complying with all the requirements therefor as prescribed in this Article of the Code. B. It shall be the responsibility of the employer to see that his employees obtain valid food handler s certificates. C. Current bona fide food handler s certificates from an approved health authority of another municipality or district in the State of New Jersey may be acceptable by the East Hanover Board of Health, provided that: (1) The certificate was issued pursuant to a course of instruction substantially similar to the specifications in of this Article. (2) The fee specified is paid to the township. (3) The holder appears in person for an interview and written examination prepared and administered by the Health Officer or his duly authorized agent. D. All other personnel, inclusive of managers, assistant managers, owners and all personnel employed in or engaged in the business of preparing, handling, processing and serving food in a food establishment, shall obtain a food handler s certificate. E. Food handler s certificate requirements shall not apply to persons who only handle and sell prepackaged commercially prepared food for retail sale on the premises. F. All retail food establishments and food handlers shall take all necessary precautions to minimize the direct handling of food. Food handlers may not contact exposed, ready-to-eat food with their bare hands and shall use suitable utensils such as deli tissues, spatulas, tongs or single-use gloves Transferability. A food handler s certificate is not transferable. No person to whom a food handler s certificate is issued or granted shall give, loan, transfer or permit the same to be used by any other person, for any purpose whatsoever Fees. [Amended by Board of Health Ord. No ] The fee for the food handler s certificate is hereby fixed as prescribed in Chapter 79, Fees and Licenses, Suspension or revocation.

9 A. For good cause shown and on five (5) days written notice to any person holding a food handler s certificate, the Board of Health of the Township of East Hanover, New Jersey, may suspend or revoke any food handler s certificate issued or granted pursuant to this Article. Good cause shall include: (1) The violation of any of the provisions of this Article and Chapter 12 of the New Jersey State Sanitary Code. (2) A knowing misrepresentation of a material fact on the application form. B. At the written request of the holder of a certificate, the Board of Health shall hold a hearing to determine whether good cause exists for the revocation of such certificate Course dates. A. The Health Department shall offer a food handler s course of instruction at least quarterly and shall notify retail food establishments of the date, time and location of the courses. [Amended by Board of Health Ord. No ] B. The food handler s course of instruction may be given upon request at additional times, locations and dates for reasons of hardship, logistics or other criteria deemed appropriate by the Health Officer or his designee Records. All employers shall at all times keep and maintain accurate records of the name and address of each employee, date of employment, date of issuance of said food handler s certificate and the number thereof, which records shall be available at all times for inspection by the Board or any of its authorized agents or representatives Violations and penalties. Any person violating any of the provisions of this Article shall, upon conviction thereof, be subject to a penalty of not more than five hundred dollars ($500.) for each offense or imprisonment not to exceed ninety (90) days, or both, at the discretion of the court When effective. This Article shall take effect the second quarter of 1992 after final adoption and publication pursuant to law.