[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.]
A.
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.
B.
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]
B.
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.
A.
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.
B.
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.
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 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.
