[HISTORY: Adopted by the Board of Health of the Township of Boonton 3-25-1996 as Ord. No. 535. Amendments noted where applicable.]
A code regulating retail food establishments and fixing penalties for violations thereof is hereby established pursuant to N.J.S.A. 26:3-69.1 to 26:3-69.6.
The code established and adopted by this chapter is and shall be commonly known as the "Retail Food Establishment and Food and Beverage Vending Machine Code (Chapter XII) of New Jersey (1993)," and this chapter shall hereafter be cited and known by the short title of the "Retail Food Establishment and Food and Beverage Vending Machine Code for the Township of Boonton."
Three copies of the Retail Food Establishment and Food and Beverage Vending Machine Code of New Jersey (1993) have been placed on file in the offices of the Secretary of the Board of Health and the Township Clerk.
It shall be unlawful for any person or any body corporate to conduct a retail food establishment, as defined in and governed by the Retail Food Establishment and Food and Beverage Vending Machine Code of New Jersey (1993), without first having procured a license from the Board of Health to do so or without complying with any or all of the provisions concerning operation and maintenance of the same as contained in the aforementioned Retail Food Establishment and Food and Beverage Vending Machine Code of New Jersey (1993).
Each license shall expire on January 31 of each year. Applications for renewal shall be made during the month of January of each calendar year.
The fees for licensure of retail food establishments shall be in accordance with the schedule of fees as provided for in Chapter 82, Fees, of the Code of Boonton Township. For each annual renewal, the fee for the license shall be the same as for the initial license.
Any license issued under the terms and provisions of this chapter may be suspended or revoked by the Board of Health of this municipality for the violation by the licensee of any provision of this chapter or the Retail Food Establishment and Food and Beverage Vending Machine Code of New Jersey (1993) 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 or any ordinance of this municipality or that the person or persons conducting the retail food establishment are 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, canceled 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 by depositing said notice 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 the 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 of Health concludes that the charges have been sustained and substantiated, it may revoke, cancel or suspend the license held by the licensee.
Any person who violates any provision of this chapter or code established herein shall, upon conviction thereof, be liable to a penalty of not less than $5. nor more than $500 for each violation. Each day a particular violation continues shall constitute a separate offense.