[HISTORY: Adopted by the Board of Health of the Borough of
Bellmawr 7-12-1972. Amendments noted where applicable.]
It shall be unlawful for any person or any body corporate to
conduct a retail food establishment, as defined in and governed by
Title 8, Chapter 24, Sanitation in Retail Food Establishments and
Food and Beverage Vending Machines, of the New Jersey Administrative
Code (N.J.A.C. 8:24-1.1 et seq.), established by ordinance of the
local Board of Health, 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 the aforementioned Title 8, Chapter 24.
[Amended 12-11-1974; 3-10-1976]
Each license issued shall expire the last day of March of each calendar year. A late charge as provided in Chapter 210, Fees, shall be charged to any licensee renewing a license after the 31st of March.
Any license issued under the terms and provisions of this chapter
may be suspended or revoked by the Board of Health of this municipality
for violation by the licensee of any provision of this chapter or
Title 8, Chapter 24, Sanitation in Retail Food Establishments and
Food and Beverage Vending Machines, of the New Jersey Administrative
Code (N.J.A.C. 8:24-1.1 et seq.), 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 or the State of New Jersey 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.
A license 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 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 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 governing body 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 same business within
the Borough unless the application for such license shall be approved
by the Board 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.
Any person who violates any provision of or order promulgated
under this chapter or the code referred to herein shall, upon conviction
thereof, be liable to a penalty of not less than $5 nor more than
$500 for each violation. Each day a particular violation continues
shall constitute a separate offense.
