[HISTORY: Adopted by the Township Committee
of the Township of Harding 3-21-1974 as Ord. No. 1-1974; amended in its entirety 2-20-2024 by Ord. No. 01-2024. Subsequent amendments noted where applicable.]
For the purposes of this chapter, "retail food establishment" and
"temporary retail food establishment" shall have the same definitions
as those terms are defined in N.J.A.C. 8:24-1.5.
No person shall conduct a retail food establishment or a temporary
retail food establishment except as defined and regulated by N.J.A.C.
8:24, Sanitation in Retail Food Establishments and Food and Beverage
Vending Machines.
All retail food establishment licenses shall expire annually on May
31 of each year, and applications for renewal thereof shall be submitted
together with the required fee prior to June 1 of each year.
Fees for retail food establishment and temporary retail food establishment licenses shall be as provided in Chapter 171, Fees, except that the Board of Health may waive license fees for nonprofit organizations.
The Health Officer or his designee may revoke, cancel licenses issued
under this chapter at any time and summarily order the licensed establishment
closed when, in the opinion of the Health Officer or his designee,
such action is necessary to abate an existing or threatened menace
to public health. Immediate closure shall be in addition to and shall
supplement any other penalty or remedy that may be authorized by N.J.A.C.
8:24-1.1 et seq., as the same may be from time to time amended and
supplemented. A person, firm, or corporation whose license has been
revoked shall close the establishment, discontinue serving food to
patrons, and request all patrons to vacate the premises.
The licensee shall be entitled to a hearing before the Board of Health
within a reasonable time which is not to exceed 15 days for the purpose
of seeking reinstatement of a revoked license, which may require the
scheduling of a special meeting. Written notice of the time and place
of such a hearing shall be served upon the licensee at least three
days' prior to the date set for such hearing. Such notice shall
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 for
such license.
At the hearing before the Board of Health, the licensee 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 of Health concludes that the charges
have been sustained and substantiated, it may deny reinstatement of
the license and stipulate the conditions required for reinstatement
of the license.