[Adopted 10-30-1973 as § 7-5 of the 1973 Code; as amended through Ord. No. 96-3]
No person shall conduct a retail food establishment as defined in the Retail Food Establishment Code of New Jersey (1965) established in Chapter 202, without first having procured a license from the Board of Health or without complying with any or all of the provisions concerning operation and maintenance of the same as contained in the code.
A. 
All applicants desiring a license to conduct a retail food establishment shall file a written application signed by the applicant with the Secretary of the Board of Health.
B. 
Applications shall be accompanied by payment of the amount of the license fee for the period involved.
C. 
The Secretary of the Board of Health shall present applications to the Sanitarian for issuance of the license. If the license applied for is denied, the fee accompanying the license shall be returned to the applicant.
D. 
If the applicant is not the owner of the site where he intends to conduct the retail establishment, the owner's consent to conduct the business shall be endorsed in writing on the application or otherwise annexed thereto.
Fees shall be as follows:
A. 
Permanent establishments: $50. Licenses issued between the dates of May 1 to 12:00 midnight of July 31 of the licensing year will be charged a fee of $25. A permanent establishment shall be defined as one where business is conducted on a regular, continuous, or seasonal basis from a permanent building. Permanent food establishments must meet all the requirements of Chapter XII of the State Sanitary Code of New Jersey.[1]
[1]
Editor's Note: See N.J.A.C. 8:24-1.1 et seq.
B. 
Reinspection of permanent establishments: If an inspection of the permanent establishment by a licensed Sanitarian results in an evaluation other than satisfactory, thereby requiring a reinspection of the establishment, a fee of $25 will be charged for the first reinspection. If after the first reinspection the evaluation is still not satisfactory and an additional inspection is required, the fee for a second reinspection will be $50. The fee for each additional reinspection, after the second reinspection, will be increased in increments of $25 until a satisfactory evaluation has been rendered.
C. 
Temporary food establishments: $250. A temporary food establishment shall be defined as one operating on a temporary basis and one which does not comply with the regulations as established in Chapter 12 of the New Jersey State Sanitary Code for permanent retail food establishments. Vending carts, wagons, trucks, trailers, and all the other vehicular type conveyances which are used for retail food sales shall be classified as temporary retail food establishments.
D. 
Religious and nonprofit organizations: $1.
A. 
The Sanitarian, after investigation and consideration of the application, shall issue or deny the license.
B. 
The Board of Health may consider an appeal from a denial of a license at a meeting 15 days subsequent to the filing of a notice of appeal or it may set a date for a hearing to be held on the appeal at a reasonable time which shall not be later than one month from the date of the denial of the license, and at which hearing any objectors to the license, as well as the applicant and those in support of the license, may be heard and may present evidence.
C. 
After considering all the evidence with respect to the appeal, the Board of Health may deny the license to the applicant for a good cause revealed by the facts or evidence. If the application for the license is denied the Board of Health shall state in writing the reasons for denial.
D. 
When issued the license shall be displayed in a conspicuous place on the licensed premises at all times.
E. 
The license shall be effective from the date of issuance to 12:00 midnight of July 31 in the year in which issued.
A. 
Any license issued under the terms and provisions of this article may be suspended or revoked by the Board of Health for violation by the licensee of any provision of this article or the code or whenever it appears that the business, trade, calling, profession or occupation of the person to whom the 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 the 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 article shall not be revoked, cancelled or suspended until a hearing has been held by the Board of Health. Written notice of the time and place of the hearing shall be served on the licensee at least three days prior to the date set for the hearing. The notice shall also contain a brief statement of the grounds to be relied upon for revoking, cancelling or suspending the license. Notice may be given either by personal delivery or by registered mail. At the hearing 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.