[HISTORY: Adopted by the Township Committee of the Township of Kingwood 6-17-1985 by Ord. No. 5-3-1985. Amendments noted where applicable.]
Alcoholic beverages — See Ch. 51.
It shall be unlawful for any person or any body corporate to conduct a retail food establishment, as defined in and governed by Chapter XII of the State Sanitary Code of New Jersey, without first having procured an annual license from the Board of Health of the Township of Kingwood and without complying with any or all of the provisions concerning operation and maintenance of the same as contained in the aforementioned Chapter XII of the State Sanitary Code of New Jersey.
No retail food establishment license shall be issued unless the retail food establishment shall have in its possession and on display a current satisfactory inspection certificate from the Hunterdon County Health Department, dated within 12 months of the application for said license.
Retail food inspection fees shall be paid to the Board of Health as follows:
[Added 11-4-2003 by Ord. No. 12-12-2003]
Category 1: News stands, pharmacies, liquor stores, video stores, and other establishments handling commercially prepared, prepackaged, non-potentially hazardous foods as an incidental part of their business shall pay a fee of $100.
Category 2: Bed-and-breakfasts which serve full breakfasts; agricultural markets (where there is no food preparation) where potentially hazardous foods are offered for sale or where grocery food items account for 50% or more of the sales area shall pay a fee of $100 (NOTE that bed-and-breakfasts which serve continental breakfasts are exempt from licensing and inspection as are agricultural markets offering for sale only raw agricultural products with only an incidental amount of grocery items.)
Category 3: All other retail food establishments shall pay a fee of $200.
[Amended 3-17-1989 by Ord. No. 6-2-89; 7-16-1990 by Ord. No. 7-12-90; 11-18-2002 by Ord. No. 11-10-2002]
The annual fee for licenses of retail food establishments as defined in Chapter XII of the State Sanitary Code is hereby fixed at $225 per annum.
The fee for a temporary retail food establishment, as defined under N.J.A.C. 8:24-1.3, shall be $75, provided that the food establishment is operational for a period of not more than three days. The fee for a temporary retail food establishment, as defined under N.J.A.C. 8.24-1.3, that is operational for four or more days is $125.
The licenses issued shall be effective for a period of one year, commencing on January 1 and renewable for succeeding years thereafter, upon payment of the annual fee and compliance with the requirements of this chapter and all other applicable laws and regulations. Applications for retail food establishment licenses on forms prescribed by the Board of Health, and the required fee shall be submitted to the Board of Health at least 20 days prior to the date of requested issuance renewal. In order to facilitate the implementation of the new licensing effective date on January 1, 1991, all retail food establishment licenses in Kingwood Township issued under the current regulations shall be only for a six-month period from July 1, 1990, to December 31, 1990, and the cost thereof shall be 1/2 of the annual fee.
[Amended 7-16-1990 by Ord. No. 7-12-1990]
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 the Chapter XII of the State Sanitary Code of New Jersey, 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 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 is being used for a purpose foreign to that for which the license was issued.
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 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 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 Board concludes that the charges have been sustained and substantiated, it may revoke, cancel or suspend the license held by the licensee.
If any such license shall have been revoked, neither the holder thereof nor any person acting for him/her, 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 chapter 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 chapter shall, upon conviction, be punished by a fine of not to exceed $500 or by imprisonment in the county jail for a period of not to exceed 90 days, or by both such fine and imprisonment, 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 and distinct offense.
This chapter is being enacted pursuant to N.J.S.A. 40:52-1.
The Board of Health of the Township of Kingwood shall be responsible for the administration and enforcement of this chapter.