[HISTORY: Adopted by the Board of Health
of the Borough of Andover 3-1-1973. Amendments noted where applicable.]
It shall be unlawful for any person or body
corporate to conduct a retail food establishment, as defined in and
governed by Chapter 12 of the New Jersey State Sanitary Code, established
by ordinance of the local Board of Health dated February 1, 1973,
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
Chapter 12 of the New Jersey State Sanitary Code.
[Amended 7-5-1974]
A.
B.
PERMANENT FOOD ESTABLISHMENT
RELIGIOUS AND NONPROFIT ORGANIZATIONS
TEMPORARY FOOD ESTABLISHMENT
Definitions. As used in this chapter, the following
terms shall have the meanings indicated:
An establishment for retail sale of food from a permanent
building, where business is conducted on a regular continuous or seasonal
basis.
Those religious and nonprofit organizations which are entitled
to exemption, either totally or partially, from assessment for real
estate taxes, whether or not any such application has actually been
made.
One operating on a temporary basis and one which does not
comply with the regulations as established in Chapter 12 of the New
Jersey State Sanitary Code for permanent retail food establishments.
Sales of food from vending carts, wagons, trucks, trailers and all
other vehicular-type conveyances or from portable counters of any
type shall be classified as "temporary retail food establishments."
A.
All applicants desiring a license to conduct a retail
food establishment shall first file a written application signed by
the applicant with the Secretary of the Board of Health.
B.
Applications shall be accompanied by payment of the
amount of the license fee for the period involved.
C.
The Secretary of the Board of Health shall present
any application to the Sanitarian for issuance of the license. In
the event that the license applied for shall be denied, the fee accompanying
the license shall be returned to the applicant.
D.
If the applicant is not the owner of the site where
he intends to conduct the retail establishment, the owner's consent
to conduct a business shall be endorsed in writing on the application
or otherwise annexed thereto.
A.
The Sanitarian shall issue said license in accord
with the provisions of this chapter.
B.
The Board of Health may consider an appeal from a
denial of a license at a meeting 15 days subsequent to the filing
of the notice of appeal, or it may set a date for a hearing to be
held on said appeal at some reasonable time thereafter, which hearing,
however, shall not be later than one month from the date of the denial
of said license, and at which hearing any objectors to the license
may be heard and may present evidence as well as the applicant and
those in support of the license.
C.
After considering all the evidence with respect to
the appeal, the Board of Health may deny the license to the applicant
for a good cause revealed by the facts or evidence; and if the application
for the license is denied, the Board of Health shall state in writing
the reasons for denial forming the good cause found by the Board of
Health denying the license to the applicant.
D.
The license, when issued by the Sanitarian or the
Board of Health, shall be displayed in a conspicuous place on the
licensed premises at all times.
E.
The Sanitarian, after investigating and considering
the application for a license hereunder, or the Board of Health, after
hearing on the same, shall, if the application subscribes to the provisions
of this chapter, authorize the issuance of a license to the applicant,
which license shall be effective from the date of issuance to 12:00
midnight of the last day of July in the year in which issued.
A.
Any license issued under the terms and provisions
of this chapter may be suspended or revoked by the Board of Health
of this municipality for the violation by the licensee of any provision
of this chapter or Chapter 12 of the New Jersey State Sanitary Code
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 establishments 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 it
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 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 the United States Post Office enclosed in a registered
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 governing body concludes that the charges have been sustained
and substantiated, it may revoke, cancel or suspend the license held
by the licensee.
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.
[Amended 6-9-1986 by Ord.
No. 224]
Any person, firm or corporation who shall violate
any of the provisions of this chapter shall, upon conviction, be punished
by a fine of not less than $5 and not more than $500; 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 offense.
