[Derived from Ch. 9, Art. II, of the 1971 Code]
It shall be unlawful for any person or any body corporate to
conduct a retail food establishment as defined in and governed by
the State Sanitary Code, without first having procured a license to
be issued annually by the Health Officer on or before November 1 of
each year, or without complying with any or all of the provisions
concerning operation and maintenance of the same as contained in the
State Sanitary Code.
[Amended by Ord. No. 1611-00; Ord. No. 1771-03]
A.
The annual license fees of retail food establishments are hereby fixed and may be found in Chapter 156 of this Code.
B.
The following shall be exempt from payment of the aforesaid license
fees, but shall otherwise comply with the provisions of this section:
(1)
Food establishments conducted by churches, veterans' organizations,
volunteer fire and first aid organizations, and Lawrence Township
Parent Teachers Organizations, and charitable organizations operating
food pantries.
C.
Any applicant for renewal of a license issued pursuant to § 192-3 who shall fail to make payment of the foregoing fees on or prior to the expiration date of the license being renewed shall, in addition to the fees herein provided, pay a penalty of $1 per day for each day of the delinquency commencing on November 15 of the then current licensing year.
A.
Any license issued under the terms and provisions of this section
may be suspended or revoked by the Division of Health of this Municipality
for the violation by the licensee of any provision of this section
or the State Sanitary Code or whenever it shall appear that the business,
trade, calling, professional or occupation of the person to whom such
license was issued, is conducted in a disorderly or improper manner,
or in violation of any law of the United States, this State, this
section or any other ordinance of this Municipality, 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, or that toilet and hand-washing facilities
in all permanent retail food establishments are not provided for the
convenience of the public. A license issued under the terms and provisions
of this section shall not be withheld, revoked, cancelled or suspended
until a hearing thereon shall have been had by the Division 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, cancelling 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 such license or license
application. At the hearing before the Division of Health, the person
aggrieved shall have an opportunity to answer and may thereafter be
heard, and upon due consideration and deliberation by the Division
of Health, the complaint may be dismissed, or if the Division of Health
concludes that the charges have been sustained and substantiated,
it may revoke, cancel or suspend the license held by the licensee.
B.
If 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 for the same establishment, unless the application
or such license shall be approved by the Division of Health.
No provision of this section shall be applied so as to impose
any unlawful burden on either interstate commerce or any activity
of the state or federal government.
All licensees under § 83-1 who sell alcoholic beverages shall prominently post on their premises a warning of the dangers to the unborn children of women who consume alcoholic beverages while pregnant. The nature and type of warning signs shall be determined by the Lawrence Township Department of Health, which shall prepare and distribute the warning signs. Any licensee violating the provisions of this section shall be subject to a fine as provided by law.
