[HISTORY: Adopted by the Board of Health of the Borough of
Pompton Lakes 10-23-2017 by Ord. No. BH 17-01. Prior history includes
1983 Code Chapter 197; and Ord. No. 1994-1-BOH. Amendments noted where applicable.]
[1983 Code § 197-25; readopted 10-23-2017 by Ord. No. BH 17-01]
Every license issued hereunder may, at any time during the term
for which the same is so issued, be suspended by the Board of Health
or its Health Officer pending a hearing to be granted to the holder
thereof, pursuant to a notice to show cause to the Board why the said
license should not be suspended further or revoked.
[1983 Code § 197-26; readopted 10-23-2017 by Ord. No. BH 17-01]
No such license shall be suspended unless the Health Officer
shall file, with the Board of Health, a complaint or charges evidencing
one or more violations of the Board of Health Code hereof, under which
said license was originally issued.
[1983 Code § 197-27; readopted 10-23-2017 by Ord. No. BH 17-01]
During the period of any such suspension, every license so suspended
shall be ineffective, and the holder thereof shall, during the entire
period of such suspension, cease the operations of any business or
discontinue every activity or use permitted under the license suspended.
[1983 Code § 197-28; readopted 10-23-2017 by Ord. No. BH 17-01]
Any license issued under the provisions of the Board of Health
Code may be revoked at any time by the Board of Health for just cause
or if the licensee or any of the employees, agents or servants of
said licensee shall violate:
[1983 Code § 197-29; readopted 10-23-2017 by Ord. No. BH 17-01; 10-23-2017 by Ord. No. BH 17-02]
A.
Prior to revocation or suspension of a license, a licensee may require
a hearing before the Board of Health. Except in cases where the Health
Officer determines that there exists a danger to health, safety and
welfare, the license shall not be suspended or revoked until any requested
hearing is concluded and a decision provided to the licensee. If a
hearing is requested, in writing, notice shall be served on the licensee
of the date, time and place of the hearing not less than seven days
prior to same. The notice shall provide a brief statement of the alleged
basis for the suspension or revocation and the remedy sought. Notice
shall be hand delivered to the place of business or sent by certified
mail, return receipt requested to the business address or address
of the owner/operator. At the hearing, the charges shall be presented
by the Health Officer or designee. The licensee shall be permitted
to offer testimony, with or without the assistance of counsel. A determination
of dismissal, suspension or revocation shall be provided to the licensee
in writing not less than 30 days after the hearing date.
B.
Nothing herein shall be construed to preclude the licensee from any
legal or equitable right conferred by the laws of the State of New
Jersey or the United States.
C.
If a license is suspended or revoked, the establishment shall cease
operations and the licensee shall not operate the establishment, either
directly or indirectly, under any other valid license.
D.
Nothing herein shall be construed from preventing a suspended or
revoked licensee from re-applying for a license.
[1983 Code § 197-30; readopted 10-23-2017 by Ord. No. BH 17-01]
The time and place for such hearing shall be fixed at the reasonable
discretion of the Board; provided, however, that an unreasonable time
shall not be permitted to elapse between the date of any suspension
of license and the date fixed for the hearing.
[1983 Code § 197-31; readopted 10-23-2017 by Ord. No. BH 17-01]
Notice of the time and place of any hearing held under this
chapter shall be given by the Board of Health to the holder of the
license.
[1983 Code § 197-32; readopted 10-23-2017 by Ord. No. BH 17-01]
A licensee who fails to appear at the time and place fixed for
such hearings, without just cause for the absence as determined by
the Board of Health, shall not be entitled to any further hearing,
and in that event his license shall, as a matter of course, be forthwith
revoked.
