[HISTORY: Adopted as indicated in article histories. Amendments noted
where applicable.]
GENERAL REFERENCES
Retail food establishment license fees — See Ch. 73.
[Adopted as Ch. BH-VI of the Revised General Ordinances,
1971; revised and readopted at time of adoption of Code 4-15-1985
by Ord. No. BH-85-1 (see Ch. 148, Board of Health, General Provisions, Art.
I)]
A code regulating retail food establishments and fixing penalties is
hereby established pursuant to N.J.S.A. 26:3-69.1 et seq. A copy of the code
is annexed to this article and made a part of it without the inclusion of
the text herein.
The code established and adopted by this article is described and commonly
known as the "Retail Food Establishment Code of New Jersey (1965)."
Three copies of the Retail Food Establishment Code of New Jersey (1965)
have been placed on file in the offices of the Secretary of the Board of Health
and the Town Clerk for use and examination by the public.
The code is amended in Section 1.12 to read as follows:
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1.12
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HEALTH AUTHORITY shall mean and include regular and special patrolmen
and superior officers of the Police Department, the Construction Official,
the Building Subcode Official, the Plumbing Subcode Official, the Health Officer
or any other official authorized by the Board of Health to enforce the Retail
Food Establishment Code and this article.
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A.
Any license issued under the terms and provisions of
this article may be suspended or revoked by the Board of Health for the violation
by the licensee of any provision of this article or the code or whenever it
appears that the business, trade, calling, profession or occupation of the
person 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 the town, or that the person conducting the retail food
establishment is of an unfit character to conduct the same, or that the purpose
for which the license was issued is being abused to the detriment of the public,
or such license 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
article shall not be revoked, canceled or suspended until a hearing thereon
has been held 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 and shall contain a brief statement of the
grounds to be relied upon for revoking, canceling or suspending the license.
Notice may be given either by personal delivery 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 the person to be notified at the business address
appearing upon the 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 it is concluded that the charges have
been sustained and substantiated, the license held by the licensee may be
revoked, canceled or suspended.
C.
If a license is 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 town unless the application
for such license is approved by the Board of Health.
[Adopted by the Mayor and Council of the Town of Clinton12-14-1971
as Section 7-2 of Ch. VII of the Revised General Ordinances, 1971;
revised and readopted by the Board of Health of the Town of Clinton at time
of adoption of Code 4-15-1985 by Ord. No. BH-85-1 (see Ch. 148, Board of Health,
Art. I)]
No person shall operate a retail food establishment as defined in the
Retail Food Establishment Code of New Jersey (1965) without having first obtained
a license from the Board of Health and paid the required license fee. The
term of the license shall be for a period of one year, with all licenses to
expire on December 31.
Each application for a license under this article shall be investigated
by the Town Health Officer, who shall report his findings in writing to the
Board of Health within a reasonable time. No license shall be issued unless
the Health Officer reports that the applicant conforms to all provisions of
the Retail Food Establishment Code.
The fees for licenses under this article shall be as provided in Chapter 73, Fees.
