Borough of Chesilhurst, NJ Suspension or Revocation of License; Effect on Interstate Commerce

Any retail food mercantile license issued under the terms and provisions of this chapter may be suspended or revoked by the Borough Council of this municipality for a violation by the licensee of any provision of this chapter or a violation of Sanitation in Retail Food Establishments and Food and Beverage Vending Machines (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, company or firm 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 municipality, or that the person or persons conducting the retail food establishment is 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 retail food mercantile license issued under the terms and provisions of this chapter shall not be revoked, cancelled or suspended until a hearing thereon shall have been had by the Borough Council. Written notice of the same 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 Borough Council the person aggrieved shall have an opportunity to answer and may thereafter be heard, and upon due consideration and deliberation by the Borough Council, 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If any such retail food mercantile license shall have been revoked, neither the holder thereof nor any person acting for him, directly or indirectly, shall be entitled to another license to carry on the same business within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 Borough Council.

If a complaint against a retail food establishment involves health and sanitation standards, the matter shall be referred immediately to the State Department of Health and Senior Services for inspection. If at any time during a review of the complaint, the Borough Council determines that an inspection of the retail food establishment would assist in resolving a complaint concerning health and sanitation standards, the matter shall be referred to the State Department of Health and Senior Services for inspection.