[BH Ord. #48; 1976 Code § 198-1]
No person, firm, partnership, corporation or other entity (hereinafter
referred to as "person") shall process, sell, offer for sale or distribute
milk, milk products or fluid milk products in the Township of Mahwah
(hereinafter referred to as "Township") without having a license therefor
from the Board of Health of the Township of Mahwah (hereinafter referred
to as "the Board") and unless such person is in compliance with the
provisions of N.J.S.A. 24:10-57.1 et seq., as amended from time to
time, and all codes, rules and regulations duly promulgated by the
Board of Health of the State of New Jersey (hereinafter referred to
as "State Board") pursuant to the Act.
[BH Ord. #48; 1976 Code § 198-2; BH Ord. #12-128;
BH Ord. #12-128]
Application for a license to sell or distribute milk, milk products
or fluid milk products shall be made on a form supplied by the Board
and shall be accompanied by a fee of ten ($10.00) dollars for each
wagon, cart or vehicle used in the sale or distribution of milk, milk
products or fluid milk products. A license shall be issued by the
Board if the applicant has complied with the provisions of N.J.S.A.
24:10-57.1 et seq., as amended, and all codes, rules and regulations
duly promulgated by the State Board pursuant to the Act; provided,
however, that the applicant shall not then be in violation of any
other ordinance adopted by the Board or any statute, code, rule or
regulation of the State Board.
[BH Ord. #48; 1976 Code § 198-2]
The license provided for in Section BH7-1 shall not be transferable and shall continue in force and effect until December 31 of the year of issuance, unless sooner suspended or revoked and unless renewed for each succeeding calendar year. Applications for renewal of a license shall be made on the same form required for a license, shall be made before December 15 of the year preceding the year for which renewal is sought and shall be accompanied by a fee of five ($5.00) dollars as provided in Section BH7-2 of this Chapter. Fee shall be returned to the applicant upon refusal by the Board to renew the license.
[BH Ord. #48; 1976 Code § 198-4]
A license may be suspended without a hearing whenever the Board
or its authorized agent has cause to believe that a licensee is operating
in violation of N.J.S.A. 24:10-57.1 et seq. or of any code, rule or
regulation adopted pursuant thereto, or that the suspension of the
license is necessary for the protection of the health of the residents
of the Township. In such case, the Board shall, in a manner not inconsistent
with laws affecting meetings of public bodies in the State of New
Jersey, immediately cause a public hearing to be held to determine
whether such suspension is justified or should be vacated. Notice,
in writing, of such hearing shall first be given to the licensee by
personally serving him or by sending a copy of such notice to him
by certified mail, return receipt requested, if personal service is
not possible, or by regular mail, if delivery of certified mail is
not confirmed within five (5) days of posting notice. In the event
that the authorized agent of the Board, prior to commencement of the
hearing, or the Board, at or before the conclusion of such hearing,
shall determine that such suspension was not required or that the
cause giving rise to such suspension was abated, the authorized agent
or the Board shall immediately vacate such suspension, reinstate the
license and give notice of same to the licensee in the foregoing manner.
[BH Ord. #48; 1976 Code § 198-5]
A license may be revoked or a suspension may be continued by
the Board upon notice and hearing, as described in the preceding section
of this Chapter, and upon the finding of a violation of N.J.S.A. 24:10-57.1
et seq. or of any code, rule or regulation duly adopted pursuant thereto;
provided, however, that a license may not be revoked unless the violation(s)
for which such license is to be revoked continues unabated or uncorrected
for a period of ten (10) days after the Board's finding and,
in the same manner as for notice of hearing hereinbefore provided,
service upon the licensee of the Board's findings and the cause(s)
for revocation of the license.
[BH Ord. #48, 1976 Code § 198-6]
The Board or its authorized agent may at any time terminate
a suspension or rescind a revocation of a license upon showing that
the cause(s) for such suspension or revocation has been abated or
corrected.
[BH Ord. #48; 1976 Code § 198-7]
In addition to the suspension or revocation of a license as
provided for herein, any person violating any of the provisions of
N.J.S.A. 24:10-57.1 et seq., as amended, or any code, rule or regulation
duly adopted pursuant thereto, or of this Chapter, shall, upon conviction
thereof in Municipal Court of the Township of Mahwah, be liable to
a fine of not more than one hundred ($100.00) dollars for each such
violation. Each day a violation continues shall be a separate and
distinct offense for which, upon conviction, penalty may be imposed
under this section.
