[HISTORY: Adopted by the Township of Franklin
Board of Health as indicated in article histories. Amendments noted
where applicable.]
[Adopted 7-22-1968 by Ord. No. O-4-68]
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 26:3-69.6. A copy of said code is annexed
hereto and made a part hereof without the inclusion of the text thereof
herein.
The code established and adopted by this article
is commonly known as the "Retail Food Establishment Code of New Jersey
(1965)."
Three copies of said Retail Food Establishment
Code of New Jersey (1965) 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 the use and examination of the public.
Any person who violates any provision of or
order promulgated under this article or code established herein shall,
upon conviction thereof, be liable to a penalty of not less than $2
nor more than $100 for each violation. Each day a particular violation
continues shall constitute a separate offense.
[Adopted 7-22-1968 by Ord. No. O-3-68]
It shall be unlawful for any person or corporation
to conduct a retail food establishment as defined and regulated by
the Retail Food Establishment Code of New Jersey (1965) without first
having obtained a license from the Board of Health for this purpose.
All applicants for and persons now operating a retail food establishment
and receiving said license shall comply with all of the provisions
of said code within 60 days after the code is finally adopted, and
thereafter, new retail food establishments shall comply therewith
immediately.
[Amended 12-15-1975 by Ord. No. O-16-75]
B.Â
All charitable and nonprofit religious, educational
and community organizations, such as churches, volunteer fire companies,
schools, little leagues, scouts and similar groups, shall all comply
with the provisions of the Retail Food Establishment Code of New Jersey
(1965), and a license for a permanent location or for a temporary
location may be issued to such organizations, but no charge shall
be made therefor if all of the profits from the sale of food and beverages
served are to be used by said organization for its charitable, religious,
educational or community purpose.
C.Â
A licensee
who fails to submit a renewal application by December 31 shall pay,
in addition to the annual license fee, a late charge of $50. The late
charge shall not be the exclusive penalty, but shall be in addition
to any other penalties provided for in this article.
[Added 10-14-2014 by Ord.
No. O-29-2014]
A.Â
Any license issued under the terms and provisions
may be dismissed or, if the Board of Health concludes that the charges
have been sustained and substantiated, it may revoke, cancel or suspend
the license held by the licensee.
B.Â
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 unless the application for such license shall
be approved by the Board of Health.
No provision of this article shall be applied
so as 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 by a
court of competent jurisdiction, be punished by a fine not to exceed
$200 or by imprisonment in the county jail for a period not to exceed
90 days, or by both such fine and imprisonment. 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.
