Borough of Lavallette, NJ Article III Retail Food Establishments

[Adopted by the Board of Health 7-17-1967 by Bd. of Health Ord. No. H-3-67; readopted by the Mayor and Council 3-9-2009 by Ord. No. 2009-04 (1057)]

§ 34-8 Code established and adopted.

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.[1]

[1] Editor's Note: Said annexation is on file on the Borough offices.

§ 34-9 Title.

Said code established and adopted by this article is commonly known as the "Retail Food Establishment Code of New Jersey (1965)."

§ 34-10 Copies on file.

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.

§ 34-11 License required; compliance with code.

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).

§ 34-12 License fee.

A. The fee for licensure of a vendor or retail food establishment having a seating capacity of 50 seats or less shall be $100.

B. The fee for licensure of a retail food establishment having a seating capacity of more than 50 seats shall be $125.

§ 34-13 Suspension or revocation of license.

A. Any license issued under the terms and provisions of this article may be suspended or revoked by the Board of Health for any of the following reasons:

(1) The licensee has violated any provision of this article or of 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.

(2) The licensee has violated any law of the United States, the State of New Jersey or any ordinance of this municipality affecting the licensee's right to said license.

(3) Any person operating the retail food establishment is of an unfit character to conduct the same.

(4) The purpose for which the license has been issued is being abused to the detriment of the public.

(5) The business, trade, calling, profession or occupation of the person, firm, association or corporation to whom such license was issued is conducted in a disorderly or improper manner 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 article shall not be revoked, canceled or suspended until a hearing thereon has been held by the Board of Health of the Borough of Lavallette. 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. The written notice of said hearing shall be served upon the licensee personally or mailed to said licensee by certified mail, return receipt requested, at the business address appearing upon the license of said licensee. At the hearing before the Board of Health of the Borough of Lavallette, the person aggrieved shall be given a full opportunity to be heard. Upon completion of the hearing, the Board may either dismiss the complaint, revoke or suspend the license or take whatever action may be necessary to implement the purposes and intent of this article and the code adopted hereby.

C. If any such license shall be revoked, neither the holder thereof nor any person, firm, association or corporation acting on behalf of the licensee, directly or indirectly, shall be entitled to another license to carry on the same business within the Borough of Lavallette unless a new application for such license shall be approved by the Board of Health of the Borough of Lavallette.

§ 34-14 Violations and penalties.

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.

§ 34-15 Interference with interstate commerce and government activities.

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.