A code regulating retail food establishments and fixing penalties
for violations is hereby established pursuant to N.J.S.A. 26:3-69.1
to 26:3-69.6. A copy of said code is annexed hereto and made part
hereof without the inclusion of its text herein.
Said code established and adopted by this article is commonly
known as the "Retail Food Establishment Code of New Jersey (1965)."
Three copies of said Retail Food Establishment Code of New Jersey
(1965) were placed on file in the office of the Secretary of the Board
of Health of the Borough of Lavallette upon the introduction of this
article, for the use and examination of the public.
It shall be unlawful for any person, firm, association or corporation
to conduct a retail food establishment as defined in and governed
by the Retail Food Establishment Code of New Jersey (1965) or as the
same may be modified, amended or revised from time to time, and established
by this article, and/or any provisions of the New Jersey Administrative
Code which may be adopted thereafter from time to time for the health,
safety and benefit of the public without first having procured a license
from the Board of Health of the Borough of Lavallette to do so or
without complying with all of the provisions concerning the operation
and maintenance of the same as contained in the aforementioned Retail
Food Establishment Code of New Jersey (1965).
Any person, firm or corporation shall be convicted of a violation
of a provision of this article shall, upon conviction whereof by any
court authorized by law to hear and determine the matter, be subject
to a fine not exceeding 90 days, or both, as such court in its discretion
may impose. Each day that such violation exists shall constitute a
separate offense.
No provision of this article shall be applied so as to impose
any unlawful burden on interstate commerce or any activity of the
state or federal governments.