[HISTORY: Adopted by the Board of Commissioners
of the Township of Nutley 10-6-2009 by Ord. No. 3119.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Food and beverage vending machines — See Ch. 356.
Food handlers' certificates — See Ch. 361.
Milk and milk products — See Ch. 445.
Public health nuisances — See Ch. 465.
Peddling, soliciting and canvassing — See Ch. 510.
Retail establishments — See Ch. 538.
Sanitary standards — See Ch. 555.
[1]
Editor's Note: This ordinance also repealed former Ch. 364,
Retail Food-Handling Establishments, adopted 1-4-1972 by Ord. No.
1750 (Ch. 126 of the 1978 Code), as amended.
It shall be unlawful for any person or any body corporate to
conduct a retail food establishment as defined in and governed by
Chapter 24, Sanitation in Retail Food Establishments and Food and
Beverage Vending Machines, of the State Sanitary Code, N.J.A.C. 8:24-1.1
et seq., established hereunder without first having procured a license
from the local health department.
B.
Late fees: $50 for any renewal application received by the Health
Department later than November 30 of the year preceding the year for
which the license is issued.
C.
All licenses shall expire on the 31st day of December of the calendar
year in which they are issued. Licenses shall be displayed under glass
in a conspicuous place in the establishment.
D.
Fees for reinspection of any retail food establishment, as the same
is defined in N.J.A.C. 8:24-1.1 et seq., which are necessitated by
a conditional or unsatisfactory rating given at the time of inspection
of said establishment licensed or to be licensed by the Township of
Nutley, shall be in the amount of the license fee applicable to the
premises.
E.
Any retail food establishment requiring an inspection for licensure
or as a result of an emergency during off-duty hours, such as weekends,
evenings or holidays, shall reimburse the Township for reasonable
costs of the inspection, including the salary or wages of the inspector
called as a result of the emergency.
Application for such license shall be made to the Department
of Health on forms furnished by the Department for that purpose, and
all such licenses shall be signed by the Commissioner in charge of
the Department of Health and by the Health Officer.
A separate license shall be required for each establishment.
Such licenses shall not be transferable either as to the holder thereof
or as to the location thereof. The person, firm or corporation named
on the license must be the actual operator of the business.
There shall be no fee charged to those organizations which enjoy
tax-exempt status. However, the facilities of the tax-exempt organizations
shall be subject to inspection by the local health authorities.
A.
Any license issued under the terms and provisions of this chapter
may be suspended or revoked by the Department of Health of this municipality
for the violation of any provision of this chapter or Chapter 24,
Sanitation in Retail Food Establishments and Food and Beverage Vending
Machines, of the State Sanitary Code, N.J.A.C. 8:24-1.1 et seq., 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 being 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 this municipality, or that the person or persons
conducting the retail food establishment 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 the
license is being used for a purpose foreign to that for which such
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 Department 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
by depositing the same 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 Department of Health, the person aggrieved shall have an
opportunity to answer and may thereafter be heard, and upon due consideration
and deliberation by the Department of Health, the complaint may be
dismissed or, if the Department of Health 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 Department
of Health.
Any person, firm or corporation who shall violate any of the
provisions of this chapter shall, upon conviction, be punished by
a fine of not to exceed $500 or by imprisonment in the county jail
for a period not to exceed 90 days, or by both such fine and imprisonment,
and each violation of any of the provisions of this chapter and each
day the same is violated shall be deemed and taken to be a separate
and distinct offense.
This chapter and the standards established hereunder shall be
enforced by the Health Officer and/or Registered Environmental Health
Specialists of the Township of Nutley.
