Each application for a license shall be made at the office of the Board during regular office hours, on forms supplied by the Board, and any fee shall be paid in advance at the time of making such application. An application for the renewal of a license shall be marked "renewal."
The granting of a license may be withheld at the discretion of the Board or the Health Officer pending examination, investigation or inspection of the person who or the premises which may be the subject matter of the license under consideration.
Each license issued under any article of this code shall be valid only for the balance of the calendar year in which it is issued, unless otherwise herein provided. No such license shall be transferable or assignable. All yearly license renewals must be applied for not later than January 31 of any given year.
The Board shall evidence the granting of any license issued by furnishing to the licensee, permittee or certificate holder a suitable card, sign, placard, disc, plate or other writing, which shall convey information concerning the nature of such license, the serial number of the same, name of the person to whom the same has been issued, the year in which the same is so issued, the premises or vehicle so licensed, if that be material or required, and such other information as the Board may deem pertinent.
The Health Officer and/or the Sanitarian or police officer or designated agent of the Board may inspect any licensed premises or vehicle at any and all reasonable times and may require any person engaged in any activity regulated by this code to produce or display any license required to engage in such activity.
Every license, with the exception of those licenses and permits issued by the Registrar of Vital Statistics pertaining to vital statistics, may be suspended by the Board or by its Health Officer pending a hearing to be granted the holder thereof pursuant to a notice to show cause to the Board why said license should not be suspended further or revoked.
No such license shall be suspended unless the Health Officer or Sanitarian shall file with the Board a complaint or charges listing one or more violations of this code.
Every suspension ordered under this article shall automatically terminate two weeks from the date thereof, unless the continuance of such suspension shall be ordered by the Board, and then such suspension shall continue only during the period of any such continuance so ordered by the Board.
During the period of any such suspension or ordered continuance thereof, every license so suspended shall be ineffective, and the holder thereof shall, during the entire period of such suspension, cease the operation of any business or activity thereunder.
Any license issued under the provisions of this code may be revoked at any time by the Board for just cause, including violation by the licensee or any employee, agent or servant of said licensee of any provision of this code or of the Sanitary Code of the Department of Health of the State of New Jersey.
Before any license is revoked, the holder thereof shall be given a hearing and an opportunity to be heard on the complaint made or violation charged.
The time and place for such hearing shall be fixed at the discretion of the Board; provided, however, that an unreasonable time shall not be permitted to elapse between the date of any suspension of license and the date fixed for the hearing.
Notice of the time and place of any such hearing shall be given by the Board to the holder of the license so involved, in writing, and served either personally or sent to him by registered mail addressed to him at the address stated in the license.
A licensee who fails to appear at the time and place fixed for such hearing shall not be entitled to any further hearing and his license may be forthwith revoked.
The Health Officer, as a result of any conditional or unsatisfactory inspection report or other field inspection documenting serious code violations, may ask the holder of a license or permit to attend an informal hearing with the Health Officer and one or more sanitary inspectors. At the informal hearing, the parties shall discuss the health-related problems in the establishment, actions necessary to correct said problems and a reasonable time schedule for completion. The Health Officer shall make a narrative record of the hearing which shall be the basis for a proposed consent agreement listing the deficiencies, corrections needed and time schedule for completion. Refusal to attend an informal hearing or sign a consent agreement may result in a notice to show cause pursuant to § 189-116 of this code.
Upon notice of suspension or revocation and a request by the license holder, the Board shall schedule a formal hearing. The Board as a whole shall function as the hearing officer. Testimony shall be offered by the Health Officer and Sanitary Inspector and by the license holder and any employee. An attorney may be present to represent the license holder. A verbal record shall be taken on tape.
The Board may issue a conditional license after a formal hearing or at the time a new license or renewal is sought. The conditional license shall be for a specified time period during which the license holder shall meet the conditions set forth by the Board in a manner satisfactory to the Health Officer. Upon expiration of the conditional license, the license holder shall cease operations, unless the Board has extended the conditional license or granted a regular license or permit.