Township of Chester, NJ
Morris County
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Table of Contents
Table of Contents
Chapter 178: Food Establishments, Retail
[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]

§ 178-1 License required. [1]

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.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 171, General Provisions, Board of Health, Art. 1).

§ 178-2 Fees.

[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.

§ 178-3 Revocation or suspension of license. [1]

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.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 171, General Provisions, Board of Health, Art. 1).

§ 178-4 Hearing.

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.

§ 178-5 Burden on government activity prohibited.

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.

§ 178-6 Attendance at food handler's course required.

[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.

§ 178-7 Violations and penalties. [1]

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.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 171, General Provisions, Board of Health, Art. 1).
[Adopted 12-8-1966; amended in its entirety at time of adoption of Code (see Ch. 171, General Provisions, Board of Health, Art. 1)]

§ 178-8 Applicability of state code.

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.

§ 178-9 Copies on file.

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.

§ 178-10 Violations and penalties.

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.