[Adopted 7-14-1975 by Ord. No. H4-75 (Ch. 130, Art. II, of
the 1972 Code)]
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 of the local Board of Health, dated July 14, 1975, without
first having procured a license from the local Board of Health to
do so or without complying with any or all of the provisions concerning
operation and maintenance of the same as contained in the aforementioned
Retail Food Establishment Code of New Jersey (1965).
The fees for licensing of food establishments are hereby fixed
as follows:
A.
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 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.
B.
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. 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 shall 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. 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.
C.
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 in 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.
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 to exceed $200 or by imprisonment in the county jail
for a period of 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.
