[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.]
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.
[Amended 10-8-2013 by Ord. No. 13-OR-029]
The fees for licensure of retail food establishments
are hereby fixed as follows:
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.
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]
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.
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]
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.
