Borough of Old Tappan, NJ Chapter 282 Licensing Provisions

[HISTORY: Adopted by the Board of Health of the Borough of Old Tappan 5-26-1975 as Ch. BH-III of the 1975 Code. Amendments noted where applicable.]

GENERAL REFERENCES

Licensing — See Ch. 158.

§ 282-1 Application procedure for licenses, permits and certificates.

A. Definition. The terms "license" and "permit" whenever used herein shall be synonymous if, in the interpretation of any part hereof, such synonym is required to carry out the manifest intent and purpose of this Code.

B. Applications. All applications for licenses, permits or certificates shall be made at the office of the Borough Clerk during regular office hours. The fees for every license or permit shall be paid in advance at the time of making the application therefor.

C. Investigation prior to issuance. The granting of any license, permit or certificate may be withheld, at the direction of the Board, pending examination, investigation or inspection of the person who, or the premises which, may be the subject matter of the license, permit or certificate under consideration.

D. Terms; transfer of license. All licenses, permits or certificates issued under any chapter of this Code shall be valid only for the balance of the calendar year in which they are issued, unless otherwise provided herein. No such license, permit or certificate shall be transferable or assignable.

E. Issuance of license; license identification. Upon the granting of any license, permit or certificate, the Board shall furnish to the licensee, permittee or certificate holder a suitable card, sign, placard, disc, plate or other writing which shall convey the following information:

(1) The nature of such license, permit or certificate.

(2) The serial number of such license, permit or certificate.

(3) The name of the person to whom such license, permit or certificate has been issued.

(4) The year in which such license, permit or certificate is issued.

(5) The premises or vehicle so licensed, if that is material or required.

(6) Such other information as the Board may deem pertinent.

F. Display of license. Every license, permit or certificate issued by the Board shall be displayed in a conspicuous place in the establishment, premises or other place for which the same is issued and shall likewise be so displayed on every vehicle or conveyance so licensed for the period that the license, permit or certificate shall be in force, unless the Board shall otherwise prescribe.

§ 282-2 Suspension or revocation of license, permit or certificate.

A. Suspension. Every license, permit or certificate issued hereunder, at any time during the term for which it was issued, may be suspended by the Board, or in an emergency by the Health Officer, pending a hearing to be granted the holder thereof pursuant to a notice to show cause to the Board why the license, permit or certificate should not be suspended further or revoked.

B. Complaint. No such license, permit or certificate shall be suspended unless the Health Officer shall file with the Board a complaint or charges evidencing one or more violations of the chapter under which such license, permit or certificate was originally issued.

C. Duration of suspension. Every suspension so ordered shall automatically terminate two weeks from the date thereof, unless the continuance of such suspension shall be ordered by the Board. Such suspension shall then continue only during the period of any such continuance so ordered by the Board.

D. Termination of activity during suspension. During the period of any such suspension, every license, permit or certificate so suspended shall be ineffective and the holder thereof shall, during the entire period of such suspension, cease the operation of any business or discontinue every activity or use permitted under the license, permit or certificate suspended.

E. Grounds for revocation. Any license, permit or certificate issued under the provisions of these codes may be revoked at any time by the Board for just cause or if the licensee, permittee or certificate holder, or any of the employees, agents or servants of such licensee, permittee or certificate holder, shall violate:

(1) Any of the provisions of these codes or any amendments or supplements thereto; or

(2) The Sanitary Code of the Department of Health of the State of New Jersey specifically applicable to the subject matter for or upon which such license, permit or certificate was issued.

F. Hearing. Before any license, permit or certificate may be revoked, the holder thereof shall be given a hearing and an opportunity to be heard on the complaint made or violation charged against him.

G. Time and place of hearing. The time and place for such hearing shall be fixed at the discretion of the Board, provided that an unreasonable period of time shall not be permitted to elapse between the date of any suspension and the date fixed for the hearing.

H. Notice. Notice of the time and place of any hearing held as set forth herein shall be given by the Board to the holder of the license, permit or certificate so involved, in writing, and served either personally or sent to him by registered or certified mail, addressed to him at the address stated in the license, permit or certificate.

I. Failure to appear. A licensee, permittee or certificate holder who fails to appear at the time and place fixed for the hearing shall not be entitled to any further hearing and his license, permit or certificate may be forthwith revoked.

§ 282-3 Fees.

A. Time of payment. All of the fees required to be paid under the terms of this section shall cover only the balance of the calendar year during which they are so paid or payable, unless otherwise provided. All fees shall be due and payable before the granting of any license, permit or certificate. All renewal fees shall be due and payable on or before January 10 of each year for that calendar year.

B. Fees. Annual fees for licenses, permits or certificates are hereby fixed as follows:

[Amended 11-19-1997 by Ord. No. 6-97]

(1) Bakery license: $150. A "bakery" shall be any establishment which fabricates or bakes food, including bread and pastries.

(2) Boardinghouse: $400.

(3) Nursing and/or convalescent homes: $400.

(4) Confectionery store: $50. A "confectionery store" shall be any establishment making or selling confections, including candies and ice cream.

(5) Food peddlers, all mobile concessions, including catering services and trucks: $150. A "caterer" shall be defined as any establishment which procures or prepares food products, for human consumption, and shall include catering to homes and parties.

(6) Ice cream truck: $75.

(7) Meat market: $150. A "meat market" shall be any establishment which sells any part of any animal, whether or not mixed with any other substances.

(8) Milk truck license - route: $100.

(9) Miscellaneous retail food establishment:

(a) With refrigeration: $150.

(b) Without refrigeration: $100.

(10) Produce food stands: $50.

(11) Supermarket license: $600. A "supermarket" shall be any establishment which sells or keeps for sale any meat, dairy products, poultry, fish, vegetables or fruit for human consumption.

(12) Restaurant license:

(a) Seasonal restaurant: $100.

(b) Permanent restaurant with seating capacity up to 49 people: $150.

(c) Permanent restaurant with seating capacity of 50 people or more: $250.

(d) Temporary retail food, one to seven days: $50.

(13) Laundry and dry-cleaning store: $100.

(14) Nursery school/child-care/day-care center: $200.

(15) Septic tank licenses:

(a) License fee for septic installers: $150.

(b) License for septic cleaners: $150.

(c) For the filing of an application and plans for a permit to locate and construct an individual sewage disposal system: $250.

(d) For the filing of an application and plans for a permit to alter an existing individual sewage disposal system (repair): $95.

(e) For each issuance of a permit to locate and construct or alter an individual sewage disposal system: $5.

(f) For each reinspection of an individual sewage disposal system, or the terms part thereof, caused by the failure of the permittee to locate and construct or alter the same in accordance with the terms of the aforesaid code, an inspection fee of: $50.

(g) Percolation tests:

[1] Permit fee for the first hole on an acre: $100.

[2] Each additional hole on an acre: $25.

(h) Water sample:

[1] No written report fee: $20.

[2] Water sample with written report: $25.

(16) Swimming pool ("Swimming pool" shall mean any public pool or swim club.):

(a) Public: $300.

(b) Community/read reports: $25.

(17) Keeping of poultry, pigeons and other fowl:

(a) For business: $100.

(b) For other than business purposes: $50.

(18) Kennel license:

(a) Less than 10 animals: $100.

(b) More than 10 animals: $200.

(19) For large animals, Class II or Class III, as provided in Chapter 265:

(a) One to three animals per premises: $50.

(b) Four to six animals per premises: $75.

(c) Seven animals or over per premises: $100.

(20) New business (category not otherwise specified): $50.

(21) Health club/tanning salon: $100.

(22) Ice machine: $25.

(23) Pet shop: $100.

(24) Vending machines, per machine: $15.

(25) Ice cream manufacturer: $100.

(26) Septic system abandonment filing fee: $25.

(27) Deck plan/in-ground pool review without septic review: $25.

(28) Building addition without septic review: $50.

(29) Recurring violation within a calendar year: $50.

(30) If a license is required and no specific fee is established, there shall be a charge of $10.