[HISTORY: Adopted by the Board of Health of the Township of Lebanon by Ord. No. 23-1985 (Ch. BH:II of the 1985 Revised General Ordinances). Amendments noted where applicable.]
It shall be unlawful for any person or any body corporated to conduct a retail food establishment as defined in and governed by Chapter XII of the State Sanitary Code of New Jersey without first having procured an annual license from the Board of Health of the Township and without complying with any or all of the provisions concerning operation and maintenance of the same as contained in the aforementioned Chapter XII of the State Sanitary Code of New Jersey.
No retail food establishment license shall be issued unless the retail food establishment shall have in his possession and on display a current satisfactory inspection certificate from the Hunterdon County Health Department dated within 12 months of the application for the license.
[Amended by Ord. No. 2002-14]
The licenses issued shall be effective for a period of one year, commencing annually on August 1, and renewable for succeeding years thereafter upon payment of the annual fee and compliance with the requirements of this chapter and all other applicable laws and regulations. Applications for retail food establishment licenses on forms prescribed by the Board of Health and the required fee shall be submitted to the Board of Health at least 20 days prior to the date of requested issuance or renewal.
Any license issued under the terms and provisions of this chapter may be suspended or revoked by the Board of Health of this Township for the violation by the licensee of any provision of this chapter, or Chapter XII of the State Sanitary Code of New Jersey, or whenever it shall appear that the business, trade, or occupation of the person to whom such license was issued is conducted in a disorderly or improper manner or in violation of any law of the United States, State of New Jersey or any ordinance of this Township, or that the person 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 chapter shall not be revoked, cancelled 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 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 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 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 Township 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.
This chapter is being enacted pursuant to N.J.S.A. 40:52-1.
The Board of Health of the Township shall be responsible for the administration and enforcement of this chapter.