[HISTORY: Adopted by the Township Council of the Township
of Mine Hill as indicated in article histories. Amendments noted where
applicable.]
[Adopted by Ord. No. H-21-71 (Ch. XIX, Sec. 19-3, of the 1986 Revised General Ordinances);
amended in its entirety at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
The provisions of N.J.A.C. 8:24-1.1 et seq. pertaining to retail
food establishments and food and beverage vending machines shall be
enforced in the Township of Mine Hill. Prior to conducting a retail
food establishment, a license shall be procured from the Department
of Health.
Fees for licenses for retail food establishments, for reinspections and for plan review are set forth in Chapter 235, Fees.
A.
Any license issued under the terms and provisions of this article
may be suspended or revoked by the Department of Health for the violation
by the licensee of any provision of this article or N.J.A.C. 8:24
or whenever it shall appear that the business, trade, calling, profession
or occupation of the person 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
Township, or that the person conducting the retail food establishment
is of 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 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 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 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 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 Department 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 Department
of Health.
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.
Any person who shall violate any of the provisions of this article shall, upon conviction, be subject to the general penalty as stated in § 1-3 of this Code.
[Adopted 7-16-2009 by Ord. No. 10-09]
All mobile retail food establishments shall be required to have
mechanical refrigeration equipment on the site or in the vehicle from
which the mobile retail food establishment operates. Any food-cooling
equipment or devices contained on or utilized by a mobile retail food
establishment licensed by the Department of Health shall be powered
by electricity or gas and shall be capable of maintaining safe minimum
temperatures as set forth in Chapter 12 of the New Jersey State Sanitary
Code.
A.
Any person convicted of violating any of the provisions of this article shall be subject to the general penalty as established in § 1-3 of this Code.
B.
It shall be deemed a separate and distinct violation, subject to
the penalty provisions of this article, for each and every day that
such violation continues.
