[HISTORY: Adopted by the Mayor and Council of the Borough of Glen
Gardner 7-16-1985. Amendments noted where applicable.]
A.Â
It shall be unlawful for any person or any body corporate
to conduct a retail food establishment as defined in and governed by Chapter
XII of the State Sanitary Code of New Jersey without first having procured
an annual license from the Board of Health of the Borough of Glen Gardner
and without complying with any or all of the provisions concerning operation
and maintenance of the same as contained in the aforementioned Chapter XII
of the State Sanitary Code of New Jersey.
B.Â
No retail food establishment license shall be issued
unless the retail food establishment shall have in its possession and on display
a current satisfactory inspection certificate from the Hunterdon County Health
Department, dated within 12 months of the application for said license.
A.Â
The annual fee for licenses of retail food establishments
as defined in Chapter XII of the State Sanitary Code is hereby fixed as follows:
[Amended 2-7-1989 by Ord. No. 89-1; 3-20-1990
by Ord. No. 90-2; 11-5-2002 by Ord.
No. 2002-7]
(1)Â
Food processing establishments: $250.
(2)Â
Mobile retail food establishments: $250.
(3)Â
Retail food establishments:
(a)Â
Restaurants, luncheonettes, taverns, bars, etc.: $250.
(b)Â
Grocery stores, meat markets bakeries, delicatessens,
etc.: $250.
(c)Â
Regular establishments: $150.
[Added 11-4-2003 by Ord. No. 2003-13]
[1]Â
Category 1. News stands, liquor stores, video stores
and other establishments handling commercially prepared, prepackaged nonpotentially
hazardous foods as a incidental part of their business.
[2]Â
Category 2. Bed and breakfasts which serve full breakfasts,
agricultural markets (where there is no food preparation), where potentially
hazardous foods are offered for sale or where grocery food items account for
50% or more of the sales area. (Bed and breakfasts, which only serve continental
breakfasts and agricultural markets which sell only raw agricultural products
and an incidental amount of grocery items are exempt from licensing and inspection
fees.)
B.Â
The licenses issued shall be effective for a period of
one year, commencing on July 1 and renewable for succeeding years thereafter
upon payment of the annual fee and compliance with the requirements of this
chapter and all other applicable laws and regulations. Applications for retail
food establishment licenses on forms prescribed by the Board of Health and
the required fee shall be submitted to the Board of Health at least 20 days
prior to the date of requested issuance or renewal.
C.Â
The municipal governing body may waive the annual fee
for licensing of retail food establishments owned and operated by bona fide
nonprofit charitable organizations recognized under Section 501(c)(3) of the
Internal Revenue Code, provided that the Hunterdon County Health Department
has waived its fee for the inspection of such establishments.
[Added 3-20-1990 by Ord. No. 90-2]
A.Â
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 of New Jersey, 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, 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.Â
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 Board concludes
that the charges have been sustained and substantiated, it may revoke, cancel
or suspend the license held by the licensee.
C.Â
If any such license shall have been revoked, neither
the holder thereof nor any person acting for him or her, 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.
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.
Any person, firm or corporation who shall violate any of the provisions
of this chapter shall, upon conviction, be punished by a fine of not to exceed
$1,000, imprisonment in the County Jail for a period of not to exceed 90 days
and/or a term of community service not to exceed 90 days, 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.
This ordinance is being enacted pursuant to N.J.S.A. 40:52-1.
The Board of Health of the Borough of Glen Gardner shall be responsible
for the administration and enforcement of this ordinance.
