[HISTORY: Adopted by the Township Council
of the Township of Greenwich 12-17-1990 by Ord. No. 18-1990. Amendments noted
where applicable.]
The provisions of N.J.A.C. 8:24-1.1 et seq. pertaining to retail
food establishments and food and beverage vending machines shall be
enforced in the Township of Greenwich.[2]
The enforcement official charged with the duties
of enforcement of the provisions of this chapter shall be the Board
of Health of the Township of Greenwich or its designated agent.
It shall be unlawful for any person or any body
corporate to conduct a retail food establishment as defined in and
governed by N.J.A.C. 8:24-1.1 et seq. 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 contained in the aforementioned N.J.A.C. 8:24-1.1 et
seq. or in this chapter.
All persons desiring a license specified in
394-3 above shall submit an application to the local Board of Health
on forms approved by said Board. After study and review, the local
Board of Health may, if it shall determine that the applicant qualifies
for the license, issue said license. Before any license is issued
pursuant to this chapter or before any application is considered,
a fee as hereinafter stated shall be paid.
A.Â
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 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 conducted in a disorderly or improper manner or in violation of
any statute of the State of New Jersey or any ordinance of this municipality,
or that 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 such license is being used for a purpose foreign
to that for which the license was issued.[1]
B.Â
A license issued under the terms and provisions of
this chapter shall not be revoked, cancelled 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 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 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 of Health concludes that the charges
have been sustained and substantiated, it may revoke, cancel or suspend
the license held by the licensee.
C.Â
If any such license shall 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.
No provision of 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.
