[HISTORY: Adopted by the Board of Health of the Borough of
Wallington 1-18-1993 by Ord. No. BH-93-2 (Ch. 345 of the 1992 Code). Amendments
noted where applicable.]
It shall be unlawful for any person or any body corporate to
conduct a retail food establishment as defined in and governed by
N.J.A.C. 8:24-1.1 et seq., Sanitation in Retail Food Establishments
and Food and Beverage Vending Machines, of the New Jersey State Sanitary
Code without first having procured a license from the local Board
of Health so to do or without complying with any or all of the provisions
concerning operation and maintenance of the same as contained in the
aforementioned N.J.A.C. 8:24-1.1 et seq.
The fees for licensure of retail food establishments are as established in § 396-10.
A.
Any license issued under the terms and provisions of this chapter
may be suspended or revoked by the Board of Health of the Borough
for the violation by the licensee of any provision of this chapter
or 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, the State of New Jersey or any ordinance of the Borough
or that the person or persons conducting the retail food establishment
are 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 a 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 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 him, 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 or which shall violate any
of the provisions of this chapter shall, upon conviction, be punished
by a fine not to exceed $500 or by imprisonment in the county jail
for a period not to exceed 90 days, or by both such fine and imprisonment,
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.
