[New]
A Code regulating retail food handling establishments and food
and beverage vending machines providing for the inspection of such
establishments and fixing penalties for violations, is hereby established
pursuant to N.J.S.A. 26:1A-9. A copy of the Code is made a part hereof
without the inclusion of the text thereof herein.
[New]
The Code established and adopted by this chapter is the New
Jersey Sanitary Code, Chapter
12, "Sanitation in Retail Food Establishments
and Food and Beverage Vending Machines," as well as N.J.A.C. 8:24-1.1
et seq. as may be amended from time to time.
[New]
A copy of the State of New Jersey Sanitary Code, Chapter
7,
has been placed on file in the office of the Board of Health and will
remain on file there for the use and examination of the public.
[Ord. No. 12-2-69; 1967 Code § 56-8; New]
a. It shall be unlawful for any person or any body corporate to conduct
a retail food establishment, as defined in N.J.S.A. 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 Chapter
12 of
the New Jersey Sanitary Code.
b. The license referred to herein shall expire annually on October 31.
Each application for a new license shall be accompanied by a nonrefundable
application fee of $10. Any person or body corporate holding a valid
license may make application for renewal of same for which there shall
be no fee. All applications referred to herein shall be made on or
before October 1 of each year.
[Ord. No. 12-2-69; 1967 Code § 56-10; New]
a. The license fees for retail food establishments, payable upon the
issuance of such license, are hereby established as follows:
1. Retail food establishments, permanent locale:
(a)
Supermarkets: $250. "Supermarkets" shall be defined as any and
all establishments that offer to consumers meats, groceries, fruits,
produce and sundry items.
(b)
Restaurants, nursing and boarding homes with a seating or serving
capacity greater than 20 persons, taverns and fast-food establishments:
$125.
(c)
Luncheonettes, nursing and boarding homes with a seating or
serving capacity of 20 or fewer persons, convenience groceries, meat
markets, delicatessens and roadside stands: $75.
(d)
Barbecues, soda fountains (pharmacies), exclusively take-out
establishments and bingo places: $50.
(e)
Nonprofit institutional establishments: $50.
2. The fee for any license issued prior to May 1 of any year shall be
the full fee as stated herein. The fee for any license issued on or
after May 1 of any year shall be 50% of the amount stated herein.
b. Temporary retail food establishments, per diem: $20.
[Ord. No. 12-2-69; 1967 Code § 56-10]
Any license issued under the terms and provisions of this section
may be suspended or revoked by the Board of Health of the Township
for the violation by the licensee of any provision of this section
or for any violation of Chapter
12 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 license issued under the terms and provisions of this section
shall not be revoked, canceled or suspended until a hearing thereon
shall have 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. The notice
shall also contain a brief statement of the grounds for revoking,
canceling or suspending such license. Notice may be given either by
personal delivery 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 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 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.
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 business within the
Township unless the application for such license shall be approved
by the Board of Health.
[Ord. No. 12-2-69; 1967 Code § 56-11]
No provision of this section shall be applied so as to impose
any unlawful burden on either interstate commerce or any activity
of the State or Federal government.
[Ord. No. 12-6-69; 1967 Code § 56-12]
The Board of Health, upon application to the same, may waive
the fees required by this section for and in behalf of any religious,
charitable, civic or other like organizations.
[New]
Any person, firm or corporation who shall violate any of the
provisions of this section shall, upon conviction, be subject to the
penalty established in Section BH:1-3 of this Code.