A code regulating retail food establishments and fixing penalties for
violations is hereby established pursuant to N.J.S.A. 26:3-69.1 to 3-69.6.
A copy of said code is annexed hereto and made a part hereof without the inclusion
of the text thereof herein.
The said code established and adopted by this Article is described and commonly known as "Chapter
12 of the New Jersey State Sanitary Code."
Three copies of the said Chapter
12 of the New Jersey State Sanitary Code have been placed on file in the office of the Secretary of this local Board of Health upon the introduction of this Article and will remain on file there until final action is taken on this Article for use and examination by the public.
Pursuant to N.J.S.A. 26:1A-10, each violation of any provision of Chapter
12 of the New Jersey State Sanitary Code or of this Article or any order promulgated thereunder shall constitute a separate offense and shall be punishable by a penalty of not less than $25 nor more than $100. Each such penalty shall be sued for and recovered in a civil action, in any court of competent jurisdiction, by and in the name of the State Department of Health or by and in the name of the Board of Health of the Borough of Branchville.
It shall be unlawful for any person or any 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 duly passed at first reading on August 10, 1983, 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.
The fees for licensure of retail food establishments are hereby fixed
as follows: retail food establishment, permanent locale, $25; temporary retail
food establishment, $20.
It is not the intent of this Article to impose any unlawful burden on
either interstate commerce or any activity of the state or federal government.
Any person, firm or corporation who shall violate any of the provisions
of this Article shall, upon conviction, be punished by a fine of not less
than $5 nor more than $500, and each violation of any of the provisions of
this Article and each day the same is violated shall be deemed and taken to
be a separate and distinct offense.