Borough of Seaside Heights, NJ Chapter 180 Retail Food Establishments, Licensing of

[HISTORY: Adopted by the Borough Council of the Borough of Seaside Heights 2-19-1997 by Ord. No. 97-1. Amendments noted where applicable.]

§ 180-1 License required.

It shall be unlawful for any person or any body corporate to conduct a retail food establishment as defined in and governed by the applicable sections of Chapter 12 of the New Jersey State Sanitary Code, N.J.A.C. 8:24-1 et seq., adopted by the Ocean County Board of Health, without first having procured a license from the Ocean County Board of Health to do so or without complying with any or all of the provisions concerning operation and maintenance of the same as contained in Chapter 12 of the New Jersey State Sanitary Code.

§ 180-2 Fee and license term.

[Amended 12-3-1997 by Ord. No. 97-15]

A. Fee. The following fees are hereby established for the license of retail food establishments for each retail food establishment so licensed:

(1) Businesses located off the boardwalk: $100.

(2) Businesses fronting private property on the boardwalk: $100.

(3) Businesses fronting public property on the boardwalk: $250.[1]

[1] Editor's Note: Former Subsection A(4), concerning businesses located off the Boardwalk but providing outdoor sidewalk seating, added 5-20-1998 by Ord. No. 98-13, was repealed 7-7-1999 by Ord. No. 99-21.

B. Term. The term of the license shall be from July 1 through June 30 of the following year.

C. Any person requesting a license prior to January 1 shall pay the full fees as shown in Subsection A. If the license is applied for between January 1 and March 31, the fee shall be 1/2 of those shown in Subsection A, and if applied for between April 1 and June 30, the fee shall be 1/4 of those shown in Subsection A.

[Added 2-7-2001 by Ord. No. 2001-4]

§ 180-3 Revocation upon hearing.

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 12 of the New Jersey State Sanitary Code or whenever it shall appear 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.

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 be heard, and upon due consideration and deliberation by the Board of Health, the complaint may be dismissed, or if the Board of Health 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 that person, directly or indirectly, shall be entitled to another license to carry on the same business within the borough unless the application for such license shall be approved by the Board of Health.

§ 180-4 Exceptions.

No provision of this chapter shall be applied so as to impose an unlawful burden on either interstate commerce or any activity of the state or federal government.

§ 180-5 Outdoor sidewalk seating.

[Added 5-20-1998 by Ord. No. 98-13[1]]

Holders of retail food establishment licenses and whose businesses are operated on the Boulevard in that section of the Boulevard bordered by Sheridan Avenue on the north and Porter Avenue on the south may provide outdoor sidewalk seating in accordance with the standards adopted by resolution of the Mayor and Council. A copy of such standards may be obtained in the Borough Clerk's office. No outdoor sidewalk seating in seating area shall extend closer to the street than 11 feet from the curbline. Failure to maintain the outdoor seating area in accordance with the eleven-foot setback from the curbline and the standards adopted by the Mayor and Council shall subject the license holder to the violations and penalties set forth in this chapter.

[1] Editor's Note: This ordinance provided for the renumbering of former § 180-5, Violations and penalties, as § 180-6.

§ 180-6 Violations and penalties.

A. Any person violating or failing to comply with any other provision of this article shall, upon conviction thereof, be punishable by a fine of no less than $100 and no more than $1,000, by imprisonment not to exceed 90 days or by community service of not more than 90 days or any combination of fine, imprisonment and community service, as determined in the discretion of the Municipal Court Judge. The continuation of such violation for each successive day shall constitute a separate offense, and the person or persons allowing or permitting the continuation of the violation may be punished as provided above for each separate offense.

B. The violation of any provision of this chapter shall be subject to abatement summarily by a restraining order or injunction issued by a court of competent jurisdiction.