A code regulating retail food establishments and fixing penalties
is hereby established pursuant to R.S. 26: 3-69.1 to 69.6. A copy
of the code is annexed hereto and made a part hereof without the inclusion
of the text herein.
A code established and adopted by this article is described
and commonly known as "Chapter XII, Sanitation in Retail Food Establishments
and Food and Beverage Vending Machines."
Three copies of "Chapter XII, Sanitation in Retail Food Establishments
and Food and Beverage Vending Machines" have been placed on file in
the office of the health department for the use and examination of
the public.
No retail food establishment as defined in the code shall be
operated unless a license to operate the same shall have been issued
therefor by the division of health. Such license shall be posted in
a conspicuous place in the establishment for which it is issued.
There shall be a review fee as set forth in Chapter XXIV, subsection
24-6.1 for the review by the Division of Health of plans for proposed retail food establishments as follows.
No fee shall be charged for a license issued to a church, school,
eleemosynary or nonprofit organization, society or group provided,
however, that this fee exemption shall not apply to a commercial caterer
serving food at a function of any such organization.
Licenses issued pursuant to this chapter may be revoked by the
division for any violation of the provisions of this chapter or the
code.
Unless the division or a duly authorized representative charged
with the enforcement of the code determines that the protection of
the public health requires an immediate revocation of a license, no
license shall be revoked before a hearing is held thereon by the division.
Notice of the hearing for revocation of a license shall be in writing,
shall set forth specifically the grounds of complaint, the time and
place of hearing, and shall be mailed by registered or certified mail
to the holder of the license at his last known address at least five
days prior to the date set for the hearing.
Any person aggrieved by a denial of the application for a license
or by a summary revocation of a license shall have a right to appeal
to the division. Such appeal shall be made by a written notice not
later than 15 days after notice of the action complained of has been
mailed to the applicant or licensee. The division shall set a time
and place for a hearing on such appeal, which time shall not be later
than 15 days from the receipt of notice of appeal, except that in
case of a summary revocation of a license the hearing shall be held
within three days from the receipt of the notice of appeal.
At any hearing of the division held pursuant to this chapter
the licensee or appellant may be represented by counsel and may present
evidence, including the testimony of witnesses in his behalf. The
decision of the division shall be rendered within ten days after the
hearing.