[HISTORY: Adopted by the Borough of Rutherford Board of Health as indicated in article histories. Amendments noted where applicable.]
[Adopted 12-17-1979 by Ord. No. 1-79]
[Amended 11-22-1982 by Ord. No. BH 2-82]
It shall be unlawful for any person, corporation or association to conduct, operate or own any type of agricultural market, food-processing establishment, mobile retail food establishment, retail food establishment or temporary retail food establishment as defined and governed by the New Jersey State Sanitary Code (N.J.A.C. 8:24-1 et seq.), or any amendments thereto, without first having procured an annual license from the Board of Health, which license shall be nontransferable and shall expire on December 31 of each year.
[Amended 11-22-1982 by Ord. No. BH 2-82; 6-25-1990 by Ord. No. BH 2-90; 10-23-1995 by Ord. No. BH 1-95; 9-27-2004 by Ord. No. BH 1-04]
The following annual nonrefundable fees shall be paid to the Borough of Rutherford for the following types of food establishment licenses.
Any license issued under the terms of this chapter may be suspended or revoked by the Board of Health for the violation of any provision of this chapter or Chapter 12 of the State Sanitary Code 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 or is operating 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 the Borough of Rutherford, or that the person or persons conducting the food establishment is of a character unfit 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 of the 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 nor any person acting for him, directly or indirectly, shall be entitled to another license to carry on the same business within the Borough of Rutherford unless the application for such license shall be approved by the Board of Health.
No provision in 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.
[Amended 11-22-1982 by Ord. No. BH 2-82; 6-25-1990 by Ord. No. BH 2-90; 10-23-1995 by Ord. No. BH 1-95]
Any person, association of persons, firm, business or corporation violating any of the provisions of this chapter, Chapter 12 of the New Jersey State Sanitary Code (N.J.A.C. 8:24-1.1 et seq.), any ordinance of the Borough of Rutherford or any amendments or supplements thereto shall, upon conviction thereof in accordance with the provisions of N.J.S.A. 26:3-70, be liable for a penalty of not less than $50 nor more than $1,000 for each violation. Each day a particular violation continues shall constitute a separate offense.
The provisions of this chapter are declared to be severable, and if any section, subsection, sentence, clause or phrase hereof shall, for any reason, be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, subsections, sentences, clauses and phrases of this chapter, but they shall remain in effect, it being the legislative intent that this chapter shall stand notwithstanding the invalidity of any part.
[Added 11-22-1982 by Ord. No. BH 2-82]
Every mobile retail food establishment licensee shall be subject to the following regulations:
No prepared food or beverage, with the exception of ice cream, ice cream products, water ices or frozen confectionary products intended for human consumption, shall be sold or offered for sale or distribution from any stand, pushcart, truck or mobile vehicle except those packaged foods that have been carefully wrapped and sealed at some permanently fixed and approved place in which food is processed or otherwise prepared and packaged.
All food allowable for sale shall be maintained at respective food temperatures prescribed in the State Sanitary Code.
Editor's Note: The provisions of this ordinance removed former § 36A-9, When effective.