[HISTORY: Adopted by the Board of Health of the Township
of Chester: Art. 1, 12-8-1966; Art. 2, 12-8-1966, amended in its entirety at time of adoption of Code (see
Ch. 171, General Provisions, Board of Health, Art. 1). Amendments
noted where applicable.]
[Adopted 12-8-1966]
It shall be unlawful for any person or any body corporate to
conduct a retail food establishment as defined in and governed by
Chapter XII of the New Jersey State Sanitary Code, Sanitation in Retail
Food Establishments and Food and Beverage Vending Machines, without
first having procured a license from the local Board of Health so
to do or without cost, with any or all of the provisions concerning
operation and maintenance of the same as contained in the aforementioned
Chapter XII of the State Sanitary Code.
[Amended 11-8-1990 by Ord. No. 1-90; 10-13-1993 by Ord. No. 1-93]
The fees for licensure of retail food establishments are hereby
fixed as follows: retail food establishment, permanent locale, $50
per annum; retail food establishments having a seating capacity, $100
per annum.
Any license issued under the terms and provisions of this article
may be suspended or revoked by the Board of Health of this municipality
for the violation by the licensee of any provision of this article
or Chapter XII 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
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 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 is being used for a purpose foreign
to that for which the license was issued.
A.
A license issued under the terms and provisions of this article shall
not be revoked, canceled or suspended until a hearing thereon shall
have been had by the Board of Health.
B.
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.
C.
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 governing body concludes that the charges
have been sustained and 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 Board of Health.
No provision of this article shall be applied so as to impose
any unlawful burden on either interstate commerce or any activity
of the state or federal government.
[Added 8-10-1994 by Ord. No. 1-94]
Mandatory attendance by at least the manager and owners of each
retail food establishment having seating capacity is required at a
retail food handler's course which must be attended at least
once every two years.
Any person, firm or corporation who shall violate any of the
provisions of this article shall, upon conviction, be punished by
a fine of not less than $5 nor more than $500. Each violation of any
of the provisions of this article, and each day the same is violated,
shall be deemed and taken to be a separate and distinct offense.
[Adopted 12-8-1966; amended in its entirety at time of adoption of Code (see
Ch. 171, General Provisions, Board of Health, Art. 1)]
Chapter XII of the New Jersey State Sanitary Code, Sanitation
in Retail Food Establishments and Food and Beverage Vending Machines,
is applicable and shall be enforced in the Township of Chester.
Copies of the Chapter XII of the State Sanitary Code are on
file in office of the Township Clerk, where they may be examined during
regular office hours.
Any person who violates any provision of or order promulgated
under Chapter XII of the State Sanitary Code shall, upon conviction,
be liable to a penalty of not less than $5 nor more than $500 for
each violation. Each day a violation continues shall constitute a
separate offense.
