[HISTORY: Adopted by the Mayor and Council of the Borough
of Woodbury Heights: Article I, 12-8-69 as Ord. No.
69-14; Article II, 12-29-69 as Ord.
No. 69-16. Sections 86-4 and 86-11 amended at time
of adoption of Code; see Ch. 1, General Provisions, Article I. Other
amendments noted where applicable.]
[Adopted 12-8-69 as Ord. No. 69-14]
A code regulating retail food establishments and fixing penalties
for violations is hereby established pursuant to N.J.R.S. 26:3-69.1
to 69.6. A copy of said code is annexed hereto and made a part hereof
without the inclusion of the text thereof herein.
The said code established and adopted by this Article is described
and commonly known as the "Retail Food Establishment Code of New Jersey
(1965)."
Three copies of the said Retail Food Establishment Code of New
Jersey (1965) have been placed on file in the office of the Secretary
of the Board of Health upon the introduction of this Article and will
remain on file there until final action is taken on this Article for
use and examination by the public.
Any person, firm or corporation who shall violate any of the
provisions of this Article shall, upon conviction, be punished by
a fine of not more than $500 or by imprisonment in the county jail
for a period of not to exceed 90 days, or both. Each day a particular
violation continues shall constitute a separate offense.
[Adopted 12-29-69 as Ord. No. 69-16]
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 Ord. No. 69-14, dated December 8, 1969, without first having procured a license from the 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).
[Amended 12-19-74 by Ord. No. 74-18]
The fees for licensure of retail food establishments are as
follows.
Any license issued under the terms and provisions of this Article
may be suspended or revoked by the Board of Health of this municipality
for the violation by the licensee of any provision of this Article
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 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 license issued under the terms and provisions of this Article
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 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.
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 provisions on this Article shall be applied so as to impose
any unlawful burden on either interstate commerce or any activity
of the state or federal government.
[Amended 6-23-75 by Ord. No. 3-1975]
Any person, firm or corporation who shall violate any of the
provisions of this Article 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 ordinance and
each day the same is violated shall be deemed and taken to be a separate
and distinct offense.