A.
This Board shall have the right to revoke any permit or license issued pursuant to this chapter or otherwise, when the licensee is subject to the jurisdiction of the Board of Health, whenever the holder thereof or any of his servants or agents is found by the Board to violate the terms under which the same was issued. For the purpose of establishing standards to guide the Board in its determination, a violation of the terms under which a license was issued shall be deemed to occur when the licensee has failed to pay the applicable fees, the licensee or any of his servants or agents has made statements on the application which are found to be false, the licensee or any of his agents or servants are found guilty by the court of violating § 396-4A of this chapter or the licensee is found by the Board to have violated any of the provisions of this chapter or the provisions of any other law or ordinance of the Borough, the State of New Jersey, any other state of the Union or the United States of America relating to the sanitary conditions of a premises or facility or the health of the population. (A conviction of said licensee or his agent or servant for such violations as aforesaid or a plea of guilty by him in any court in the State of New Jersey shall be prima facie evidence of such violation.) Before any license shall be revoked, a notice of the contemplated action of this Board shall be served upon the holder of said license, setting forth such charges as may be the reason for said revocation and the place, date and hour when said Board will hear the matter.
B.
Whenever any licensee shall be charged with the violation of the
terms under which said license was issued, this Board or the Health
Officer or Sanitary Inspector, upon a finding of probable cause, shall
have the right to suspend the operation of said license pending the
hearing.
All licenses or permits shall be prominently displayed upon
the premises for which they were issued, and upon each and every vehicle
or device used in the business for which a license is required there
shall be displayed at all times in plain sight a current license sign
to be furnished by this Board.
[Amended 7-1-1981; 1-18-1993 by Ord. No. BH-93-1]
Whenever a license or permit is required by this chapter, the
same shall be in addition to the requirements for any license or permit
by any other law or ordinance, and application shall be made by the
applicant upon blank forms to be furnished by the Board of Health
and shall be fully completed and signed by the applicant and filed
with said Board of Health, and no license or permit shall be issued
until said application has been approved, and the following fees and
charges are hereby set forth and established:
A.
Boardinghouse: $100.
C.
Food establishments.
(2)
Classification of retail merchandising store: Class I.
(4)
Classification of retail food establishments. "Factor" equals the
length of refrigerated showcases in feet, multiplied by retail area
in square feet, divided by 1,000.
(a)
A factor of zero to 20: Class II.
(b)
A factor of 21 to 100: Class III.
(c)
A factor of 101 to 175: Class IV.
(d)
A factor over 175: Class V.
(e)
Wholesale or processing food establishments, including commissaries:
Class V.
(f)
Confectionery vehicles, mobile restaurants and box lunch vehicles:
Class I.
D.
Ice machine, each machine: $25.
G.
Beauty, barber and nail shops: $25.
H.
Pet grooming and mobile pet grooming: $25.
I.
Vending machines.
(1)
Gumball: $1.
(2)
Fee. The annual license fee required shall be $35 for all types of
food and beverage vending machines and shall include a permit for
one machine. However, there shall be an additional annual fee of $15
for each machine vending the following: bulk soft drinks, bulk food
products, bottles or bulk milk, soup, coffee, hot cocoa or chocolate,
fruit juices, buttered popcorn, sandwiches, ice cream, candy, confections
or other food products.
J.
Health spa and tan salon: $250.
K.
Tattoo parlor: $500.
L.
Bakery for off-premises consumption: $75.
M.
Such applications shall be approved and said licenses shall
be issued by said Board upon payment of the applicable fee, as a matter
of course, unless the Board finds that the applicant or any of his
agents or servants are unfit licensees as a result of:
A.
A prior conviction by any court under this chapter or a conviction
under any other law or ordinance of the Borough, the State of New
Jersey, any other state of the Union or the United States of America
relating to the sanitary conditions of a premises or facility or the
health of the population in any way or relating to the type of activity
contemplated by said license.
B.
A finding by the Board due to existing facts that said applicant or his agents or servants would be in violation of this chapter or any other law or ordinance of the Borough, State of New Jersey or United States of America, as aforesaid in Subsection A herein, if a license were issued and the applicant engaged in the activity contemplated.
C.
Any false statements contained in said application.
D.
Any prior revocation by any court, public official or public body
of any license issued to the applicant, his agents or servants relating
to the activity contemplated by the application or relating to a failure
to comply with sanitary and health standards under which said prior
license was issued.
None of the activities set forth in this article shall be engaged
in by any person, firm or corporation within the Borough unless a
license shall be issued by the Board prior thereto.
[Added 1-18-1993 by Ord. No. BH-93-1]
No fee shall be collected from any municipal, charitable or
veterans' body, organization, society or association, but all such
bodies, organizations, societies and associations shall in all other
respects be subject to the provisions of this chapter.
[Amended 1-18-1993 by Ord. No. BH-93-1[1]]
Any person who shall be guilty of violating this article shall be subject to a penalty as set forth in Article XI, Violations and Penalties, of this chapter.[2]
