[HISTORY: Adopted by the Township Council of the Township of Lopatcong 5-5-1993
by Ord. No. 1993-09. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings
indicated:
Any fixed or mobile restaurant; coffee shop; cafeteria; short-order
cafe; luncheonette; grill; tearoom; sandwich shop; soda fountain; tavern;
bar; cocktail lounge; night club; roadside stand; industrial feeding establishment;
private, public or nonprofit organization or institution routinely serving
food; catering kitchen; commissary; box lunch establishment; retail bakery;
meat market; delicatessen; grocery store; public food market or similar place
in which food or drink is prepared for retail sale or for service on the premises
or elsewhere; and any other retail eating or drinking establishment or operation
where food is served, handled or provided for the public with or without charge.
It shall be unlawful for any person or any body corporate to conduct
a retail food establishment 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 provided by
statutes and codes enacted by the State of New Jersey.
The fees for licensure of retail food establishments are hereby fixed
as follows:
All such license fees shall be paid on or before January 1 of each year.
Failure to make payment by that date shall result in a late payment charge
of twenty-five dollars ($25.) in order to obtain said licensure. The Township
of Lopatcong shall not notify any required license holder to make payment
of such license fee.
A.
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
Retail Food Establishment Code of New Jersey (1965) 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 or the
State of New Jersey or any ordinance of this municipality or that the person
or persons conducting the retail food establishment is 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.
B.
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 (3)
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 Untied 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 governing
body concludes that the charges have been sustained and substantiated, it
may revoke, cancel or suspend the license held by the licensee.
C.
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.
Any person who shall violate any of the provisions of this chapter shall,
upon conviction, be punished by a fine not to exceed two hundred dollars ($200.)
or by imprisonment in the county jail for a period of not to exceed ninety
(90) days, or by both such fine and imprisonment, and each violation of any
provisions of this chapter and each day the same is violated shall be deemed
and taken to be a separate and distinct offense.
