[HISTORY: Adopted by the City Council of the City of Paterson 12-27-1988
as Ord. No. 88-045 (Ch. 13, Art. 31, of the 1979 Revised
General Ordinances of Paterson). Amendments noted where applicable.]
Before any such license may be granted, an application shall be made
to the Division of Health by the entity seeking such license. The application
shall be signed personally by the applicant or, if a corporation, by its authorized
agent. The application shall state the current post office address of such
party, the name under which and the place where the ice business it to be
conducted, the character of such business, whether wholesale or retail, the
name of the party from whom the ice is secured, the places where such ice
is cut or manufactured and any other information which the Division of Health
may require in said application.
The annual fee for such ice dealer's license is ten dollars ($10.).
Each license required by the provisions of this article shall expire
on December 31 in each year unless sooner forfeited or revoked and shall be
renewed annually.
No license shall be assigned or transferred to another party or location.
All ice offered for sale in the city shall be free from harmful, impure
or polluted materials.
A.
An application for a license to sell ice may be denied
by the Health Officer for noncompliance with the requirements of this chapter,
for fraud or misrepresentation in making application for such license or for
other good cause shown in the discretion of the Health Officer.
B.
Every license issued pursuant to this chapter may be
revoked or suspended by the Health Officer for violation of any provision
of this chapter or violation of any ordinance of the city or of any state
or federal law applicable thereto or for other good cause shown in the discretion
of the Health Officer.
C.
Any such denial of a license application or suspension
or revocation of a license must be preceded by notice to the licensee or applicant,
as the case may be, of such contemplated action. The licensee or applicant
shall be granted a hearing by the Health Officer. Notice of any such contemplated
action must be given to the applicant or licensee at least five (5) days prior
to its effective date. Such notice must be either served personally on the
party to be notified or by mailing such notice to the business address appearing
on said license or application. Such notice shall contain a brief statement
as to the grounds to be relied upon for revoking or suspending or denying
the application for such license and shall advise the party so notified to
his right to a hearing before the Health Officer.
D.
Such request for hearing must be in writing and made to the Health Officer within five (5) days of service of notice upon such party. Notice of time and place of such hearing will be served upon such party in the same manner as the notice of contemplated action provided in Subsection C above and at least three (3) days prior to the date set for such hearing. At the hearing before the Health Officer, the aggrieved party shall have an opportunity to answer and may thereafter be heard. Upon due consideration and deliberation by the Health Officer, the contemplated action against the aggrieved party may be dismissed, or if the Health Officer concludes that the charges have been substantiated, he may deny the license application or revoke or suspend the license held by the licensee. Any such denial of a license application, revocation or suspension of such a license may be rescinded by the Health Officer upon the correction of the basis for such adverse action to the satisfaction of the Health Officer.
Any person or entity who violates any provision of this chapter shall,
upon conviction thereof, be punished by a fine not exceeding one thousand
dollars ($1,000.), by imprisonment for a term not exceeding ninety (90) days
or by providing community service for a period not exceeding ninety (90) days,
or any combination thereof. A separate offense shall be deemed committed on
each day during or on which a violation occurs or continues.
