[HISTORY: Adopted by the Borough Council of the Borough of Lincoln Park 11-12-1991 by Ord. No. 1,032 as Ch. 131 of the 1991 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Alcoholic beverages — See Ch. 163.
Grease traps — See Ch. 283.
Public health nuisances — See Ch. 358.
Smoke-free public places and workplaces — See Ch. 390.
As used in this chapter, the following terms shall have the meanings indicated:
FOOD
Every article used for food or drink by man or animal and every ingredient in such article and all confectioneries and condiments.
FOOD ESTABLISHMENT
Any and all stores, premises, places or vehicles used for the selling, distribution, serving, delivery, production, preparation, manufacturing, packing, storage, transportation or hauling of food or drink, except that farmers in the normal marketing of their produce shall not be included herein.
PACKAGE or CONTAINER
Wrapper, case, basket, hamper, can, bottle, jar, tube, cask, vessel, tub, firkin, keg, barrel or other receptacle of a like nature.
[1]
Editor's Note: Original §§ 131-1, 131-2 and 131-3, which immediately preceded this section and provided for the adoption, citation and filing of the Retail Food Establishment and Food and Beverage Vending Machine Code of New Jersey (1983), were repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
It shall be unlawful for any person or any body corporate to conduct a retail food establishment, as defined in and governed by N.J.A.C. 8:24, Sanitation in Retail Food Establishments and Food and Beverage Vending Machines, without first having procured a license from the Department 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 N.J.A.C. 8:24.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
[Amended 12-9-1991 by Ord. No. 1,040, effective 3-29-1992; 10-19-1998 by Ord. No. 1,220, effective 11-8-1998; 6-16-2008 by Ord. No. 12-08, effective 7-6-2008]
All fees shall be as specifically provided in Chapter 34, Fees, § 34-5, Food and food establishments.
A. 
Any license issued under the terms and provisions of this chapter may be suspended or revoked by the Department of Health of this municipality for the violation by the licensee of any provision of this chapter or N.J.A.C. 8:24, Sanitation in Retail Food Establishments and Food and Beverage Vending Machines, or whenever it shall appear that the business, trade, calling, profession or occupation of the person, firm or corporation to whom or to which such license was issued is conducted in a disorderly or improper manner or in violation of any law of the United States or the state or any ordinance of this municipality or that the person or persons conducting the retail food establishment are 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]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
B. 
A licensed issued under the terms and provisions of this chapter shall not be revoked, canceled or suspended until a hearing thereon shall have been had by the Department 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 by depositing said notice 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 Department of Health, the person aggrieved shall have an opportunity to answer and may thereafter be heard, and, upon due consideration and deliberation by the Department of Health, the complaint may be dismissed or, if the governing body 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 Borough unless the application for such license shall be approved by the Department of Health.
No provision of this chapter shall be applied so as to impose any unlawful burden on either interstate commerce or any activity of the state or federal government.