[HISTORY: Adopted by the Town Council of the Town of Phillipsburg 6-19-1969
by Ord. No. 998 (Ch. 49 of the 1969 Code). Amendments noted
where applicable.]
GENERAL REFERENCES
Business licenses — See Ch. 207.
The provisions of Chapter XII of the State Sanitary Code, Retail Food
Establishments and Food and Beverage Vending Machines (N.J.A.C. 8:24-1.1 et
seq.), pertaining to retail food establishments and food and beverage vending
machines shall be enforced in the Town of Phillipsburg.[2]
[Amended 9-11-1979 by Ord. No. O:79-27; 12-20-1983
by Ord. No. O:83-33; 7-1-1986 by Ord.
No. O:86-25; 5-3-1994 by Ord. No. O:94-19[1]]
A.
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 Chapter XII of the State Sanitary Code, Retail Food
Establishments and Food and Beverage Vending Machines (N.J.A.C. 8:24-1.1 et
seq.), 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 or 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.[1]
B.
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 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.
C.
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 Town unless the 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.
[Amended 6-5-1984 by Ord. No. O:84-18]
Any person, firm or corporation who shall violate any of the provisions of this chapter shall, upon conviction, be punished as provided in Chapter 1, General Provisions, Article II, General Penalty; and each violation of any of the provisions of this chapter and each day the same is violated shall be deemed and taken to be a separate and distinct offense.
