[HISTORY: Adopted by the Board of Health of the Township of Pemberton 5-10-1968.
Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 190.
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) and pursuant to N.J.S.A. 26:3-69.1
to 3-69.6 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).
The enforcement official designated to enforce the provisions of this
chapter shall be the Secretary of the Board of Health of the Township of Pemberton.
The fees for licensure of retail food establishments are hereby fixed
as follows: retail food establishment, permanent locale, $20 per annum; temporary
retail food establishment, $5 per annum.
A.
Cause. Any license issued under the terms and provisions
of this chapter may be suspended or revoked by the Board of Health of this
municipality for the violation by the licensee of any provision of this chapter
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 the license was issued is being 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
that the license is being used for a purpose foreign to that of which it was
issued.
B.
Hearing procedure. A license issued under the terms and
provisions of this chapter 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 by depositing the same 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 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 application
for such license shall be approved by the Board of Health.
No provision of this chapter shall be applied so as to impose any unlawful
burden on either interstate commerce or any activity of the state or federal
government.
