[Adopted 3-10-1970 by Ord. No. 4-70]
A code regulating retail food establishments and fixing penalties
for violations is hereby established pursuant to N.J.S.A. 26:3-69.1
to 26:3-69.6. A copy of said code is annexed hereto and made a part
hereof without the inclusion of the text thereof herein.
The said 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 said Retail Food Establishment Code of New
Jersey (1965) have been placed on file in the office of the Clerk
upon the introduction of this article and will remain on file there
until final action is taken on this article for the use of and examination
by the public.
[Amended 1-8-1974 by Ord. No. 34-73]
Any person who violates any provision of or order promulgated
under this article or code established herein shall, upon conviction
thereof, be liable to a penalty of not less than $5 nor more than
$500 for each violation. Each day a particular violation continues
shall constitute a separate offense.
[Adopted 4-14-1970 by Ord. No. 5-70]
It shall be unlawful for any person or any body corporate to
conduct a retail food establishment as defined in and governed by
the Retail Food Establishment Code of New Jersey (1965), established
by ordinance, without first having procured a license from the Clerk
or without complying with any and all of the provisions concerning
operation and maintenance of the same as contained in the aforementioned
Retail Food Establishment Code of New Jersey (1965).
Any license issued under the terms and provisions of this article
may be suspended or revoked by the Council of this municipality for
the violation by the licensee of any provision of this article or
the Retail Food Establishment Code of New Jersey (1965), 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.
If any such license shall have been revoked, neither the holder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 Borough unless the application for such license shall be approved
by the Board of Health (Borough Council).
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.
[Amended 1-8-1974 by Ord. No. 34-73]
Any person, firm or corporation who shall violate any of the
provisions of this article shall, upon conviction, be punished by
a fine not to exceed $500 or by imprisonment in the county jail for
a term not to exceed 90 days, or by both such fine and imprisonment;
and 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.