Township of Burlington, NJ
Burlington County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Council of the Township of Burlington 9-11-1979, amended 10-9-1979; 12-26-1989; 2-13-1996 (Sec. 17:7 of the 1975 General Ordinances). Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Circuses, carnivals and skating rinks — See Ch. 168.
Events — See Ch. 243.
Peddling and soliciting — See Ch. 407.

§ 289-1 Applicability of state standards. [1]

The provisions of Chapter XII, Sanitation in Retail Food Establishments and Food and Beverage Vending Machines (N.J.A.C. 8:24-1.1 et seq.), pertaining to retail food establishments and food and beverage vending machines, shall be enforced in the Township of Burlington. It shall be unlawful for any person or any body corporate to conduct a retail food establishment, as defined and governed in N.J.A.C. 8:24-1.1 et seq., without first having procured a license from the Department of Licensing and Inspections or without complying with any and all of the provisions contained in N.J.A.C. 8:24-1.1 et seq.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 289-2 License fees.

[Amended 10-8-2013 by Ord. No. 13-OR-029]
The fees for licensure of retail food establishments are hereby fixed as follows:
A. 
Permanent retail food establishment: $50 due by January 31 of each year.
(1) 
Late fee assessed in the amount of $25 if paid after February 1 of each year.
(2) 
Violation notice to be issued if not paid by February 15 of each year.
B. 
Temporary retail food establishments: $10 per day of operation.
C. 
Public, quasi-public and nonprofit organizations are exempt from fees.

§ 289-3 License term; transferability; inspection of mobile units.

A. 
Licenses are issued on a calendar-year basis and expire on December 31 of each year. Licenses shall be renewed by January 31 of each calendar year.
B. 
Licenses issued to a mobile unit are not transferable from one vehicle to another.
C. 
Mobile units that sell frozen desserts shall be inspected by the Burlington Township Police Department for compliance with Title 39 requirements.[1] This inspection shall be required before a retail food license shall be issued.
[1]
Editor's Note: See New Jersey Motor Vehicle Traffic Code, N.J.S.A. § 39:1 et seq.

§ 289-4 Suspension or revocation of license.

A. 
Any license issued under the terms and provisions of this chapter may be suspended or revoked by the Department of Licensing and Inspections of the Township of Burlington for the violation of the license or any provisions of this chapter or the standards referenced in § 289-1, 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 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.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
A license issued under the terms and provisions of this chapter shall not be revoked, cancelled or suspended until a hearing thereon shall have been had by the Director of the Department of Licensing and Inspections. 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 said license. At the hearing before the Director of the Department of Licensing and Inspections, the person aggrieved shall have an opportunity to answer and may thereafter be heard and, upon due consideration and deliberation by the Director of the Department of Licensing and Inspections, the complaint may be dismissed or, if the Director of the Department of Licensing and Inspections concludes that the charges have been sustained and substantiated, he 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 Township of Burlington unless the application for such license shall be approved by the Director of the Department of Licensing and Inspections.

§ 289-5 Interstate commerce; other governmental agencies.

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.[1]
[1]
Editor's Note: Original Sec. 17:7-5, Adoption of standards, which previously followed this section, was deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 289-6 Violations and penalties. [1]

Any person, firm or corporation who shall violate any of the provisions of this chapter shall, upon conviction, be punished by the maximum penalty in Chapter 1, Article II, Definitions; General Penalty, and each violation of any of the provisions of this chapter and each day the same is violated shall be deemed and taken as to be a separate and distinct offense.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).