Township of Long Beach, NJ
Ocean County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Commissioners of the Township of Long Beach 7-18-1997 by Ord. No. 97-16C. Amendments noted where applicable.]
[Amended 1-8-2018 by Ord. No. 17-45C]
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 and N.J.S.A. 40:72-2 et seq.
[Amended 1-8-2018 by Ord. No. 17-45C]
The code established and adopted by this chapter shall be commonly known as the "Sanitation in Retail Food Establishments and Food and Beverage Vending Machine Code, N.J.A.C. 8:24-1.1 et seq."
[Amended 1-8-2018 by Ord. No. 17-45C]
It shall be unlawful for any person or any body corporate to conduct a retail food establishment as defined in and governed by the Sanitation in Retail Food Establishments and Food and Beverage Vending Machine Code, N.J.A.C. 8:24-1.1 et seq. without first having procured a license from the township 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 Sanitation in Retail Food Establishments and Food and Beverage Vending Machine Code, N.J.A.C. 8:24-1.1 et seq..
[Amended 4-2-2004 by Ord. No. 04-09C; 1-8-2018 by Ord. No. 17-45C]
The annual fee for the licensure of retail food establishments is hereby fixed at $50.
[Amended 1-8-2018 by Ord. No. 17-45C]
Any license issued under the terms and provisions of this chapter may be suspended or revoked by Long Beach Township for the violation by the licensee of any provision of this chapter or of the Sanitation in Retail Food Establishments and Food and Beverage Vending Machine Code, N.J.A.C. 8:24-1.1 et seq. incorporated in this chapter, 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 Long Beach Township, or that the person or persons conducting the retail food establishment is or 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. 
The license issued under the terms and provisions of this chapter shall not be revoked, canceled or suspended until a hearing thereon shall have been held by the township.
B. 
Written notice of the time and place of such hearing shall be served upon the licensee at least five days prior to the date set for such hearing. Such notice shall also contain a  brief statement of the grounds to be relied on for revoking, canceling or suspending such license.
C. 
Notice may be given either by personal delivery thereof to the person to be notified or by depositing the notice in the United States Post Office in a sealed envelope, post prepaid, addressed to such person to be notified at the business address appearing on said license, said prepaid postage to include delivery certified mail, return receipt requested.
D. 
At the hearing before the township, the person aggrieved shall have an opportunity to answer and may thereafter be heard; said person shall be entitled to appear pro se or be represented by counsel and present evidence in his or her own behalf.
E. 
Upon due consideration and deliberation by the township, the complaint may be dismissed, or if the township concludes that the charges have been sustained and substantiated, it may revoke, cancel or suspend the license held by the licensee.
F. 
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 township.
Licenses issued pursuant to this chapter shall expire annually on June 1, and any application for renewal thereof shall be submitted, together with the required fee, to the township, at least 15 days before the renewal date for the license applied for.