[HISTORY: Adopted by the Council of the Borough of Lawnside 12-3-1969 by Ord. No. 135-1969. 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 the Retail Food Establishment Code of New Jersey (1965), established by ordinance of the local Board of Health dated September 26, 1968,[1] 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 Retail Food Establishment Code of New Jersey (1965).
[1]
Editor's Note: On September 26, 1968, the Board of Health adopted provisions of the Retail Food Establishment Code of the State of New Jersey. This legislation was omitted from the Code of the Borough of Lawnside as being adequately covered by Ch. 12 of the State Sanitary Code.
[Amended 11-3-1976 by Ord. No. 9-1976]
A. 
The fees for license of retail food establishments are hereby fixed as follows:
[Amended 4-5-2006 by Ord. No. 14-FY2006]
Type of Establishment
Fee
Bakery shop
$60
Barbeque
$85
Bottler of soft drink, or agent or representative
$50
Butter, eggs and poultry
$60
Confectioner, ice cream, soft drinks, custard
$60
Dairy
$40
Day nursery
$40
Delicatessen
$60
Delicatessen and restaurant
$60 plus restaurant fee
Food stores with 3 or more taxable classifications:
Up to 2,000 square feet of floor area
$85
2,001 to 5,000 square feet of floor area
$135
Over 5,000 square feet of floor area
$185
Fruit store
$60
Groceries (produce)
$60
Hucksters and food vendors (mobile)
$60
Ice cream parlor or vendor
$60
Nursing home
$60
Restaurant, diner, luncheonette:
Less than 15 tables or booths
$60
15 to 40 tables or booths
$85
Over 40 tables
$135
Snacks
$30
Tearoom
$60
Other businesses pertaining to food not herein classified
$60
B. 
The licensing period shall begin on January 1 of each year and shall expire on the 31st day of December following. All fees for licenses issued between the first day of July and the 31st day of December following, in any year, shall be prorated on a monthly basis.
[Added 6-7-1978 by Ord. No. 8-1978]
A. 
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 the violation by the licensee of any provision of this chapter or the Retail Food Establishment Code of New Jersey (1965) 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, 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 was 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.
B. 
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 by depositing the same 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 Board of Health concludes that the charges have been sustained and substantiated, it may revoke, cancel or suspend the license held by the licensee.
C. 
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.
[Amended 11-3-1976 by Ord. No. 9-1976]
Any person, firm or corporation who shall violate any of the provisions of this chapter shall, upon conviction, be punished by a fine not to exceed $500 or by imprisonment in the county jail for a period not to exceed 90 days, or by both such fine and imprisonment, and each violation of any of the provisions of this chapter and each day the same is violated shall be deemed and taken to be a separate and distinct offense.