[HISTORY: Adopted by the Board of Health of the Borough of
Spring Lake 9-1-1993 by Ord. No.
2-1993 (Ch. BH2 of the Revised General Ordinances),
as amended through Ord. No. 12-1999. Subsequent amendments noted where applicable.]
A code regulating sanitation in retail food establishments and
fixing penalties for violations is hereby established pursuant to
N.J.A.C. 8:24-1 et seq. A copy of the code is annexed hereto and made
a part hereof without the inclusion of the text thereof herein.
The code established and adopted by this chapter is commonly known as "Chapter 12 of the New Jersey State Sanitary Code, Sanitation in Retail Food Establishments and Food and Beverage Vending Machines."
Three copies of Chapter 12 of the New Jersey State Sanitary Code have been placed on file in the office of the Secretary of the Board of Health and will remain on file for use and examination by the public.
It shall be unlawful for any person or any body corporate to conduct a retail food establishment as defined in and governed by Chapter 12 of the New Jersey State Sanitary Code entitled "Sanitation in Retail Food Establishments and Food and Beverage Vending Machines" without first having procured a license from the Board of Health or without complying with any or all of the provisions concerning the operation and maintenance of the same as contained in the aforementioned Chapter 12 of the New Jersey State Sanitary Code.
[Amended 5-11-2010 by Ord. No. 2010-003; 4-12-2022 by Ord. No. 2022-001]
The fees for licensing of a retail food establishment are to follow Chapter 177, Fees.
A.
Any license issued under the terms and provisions of this chapter may be suspended or revoked by the Board of Health of the Borough for the violation by the licensee of any provision of this chapter or Chapter 12 of the New Jersey State Sanitary Code entitled "Sanitation in Retail Food Establishments and Food and Beverage Vending Machines," 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.
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 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 governing body concludes that
the charges have been sustained and substantiated, it may revoke,
cancel or suspend the license held by the licensee.
C.
If any license is 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 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.
