[HISTORY: Adopted by the Township Committee
of the Township of Alexandria 6-12-1985 by Ord. No. 85-5. Amendments noted where
applicable.]
GENERAL REFERENCES
Board of Health — See Ch. 26.
[Amended 11-19-2011 by Ord. No. 2011-10-10]
It shall be unlawful for any person or persons
or any body corporate to conduct a retail food establishment, as defined
in and governed by N.J.A.C. 8:24-1.1 et seq. and as may be amended
from time to time, without first having procured an annual license
from the Board of Health of the Township of Alexandria and without
complying with any and all of the provisions concerning operation
and maintenance of the same, as contained in the aforementioned N.J.A.C.
8:24-1.1 et seq. and as may be amended from time to time.
A.
For each retail food establishment as defined under
N.J.A.C. 8:24-1.5, the following categories shall be used to determine
the annual license fee for that establishment. The categories and
fees shall be as follows:
[Amended 8-9-1989; 10-9-2002; 12-10-2003]
(1)
Category 1: for newsstands, pharmacies, liquor stores,
video stores, and other retail establishments which handle commercially
prepared, prepackaged, nonpotentially hazardous foods as an incidental
part of their business, the license fee is $150.
[Amended 4-10-2013 by Ord. No. 2013-004]
(2)
Category 2: for bed-and-breakfasts (B&Bs) which
serve full breakfasts, and for agricultural markets (with no on-site
food preparation) where potentially hazardous foods are offered for
sale or where grocery food items account for 50% or more of the agricultural
market's sales area, the license fee is $100. (B&Bs which only
serve continental breakfasts and agricultural markets which only sell
raw agricultural products and an incidental amount of grocery items
are exempt from licensing and inspection fees.)
(3)
Category 3: for all other retail food establishments
selling potentially nonhazardous foods, including mobile food vendors
and vending machine locations, the license fee shall be $250.
[Amended 7-14-2010 by Ord. No. 2010-06-09; 4-10-2013 by Ord. No.
2013-004]
(4)
Temporary retail food establishments: for each temporary
retail food establishment as defined under N.J.A.C. 8:24-1.5, a license
fee of $100 will be charged, provided that the food establishment
is operational for a period of not more than three days. For temporary
food establishments which are operational for four or more days, a
license fee of $250 will be charged.
[Amended 4-10-2013 by Ord. No. 2013-004]
(5)
Nonprofit organizations: in case of a bona fide nonprofit
organization, the Township Committee may waive the license fee if
the county waives the inspection fee.
B.
The licenses issued aforesaid shall be effective for
the calendar year, expiring on the 31st day of December of the year
of issue, and may be renewable for succeeding calendar years thereafter.
The license fees shall be due and payable on or before the fourth
day of January of each year. Retail food establishments shall be required
to procure licensing as specified herein, and the fees for said licenses
shall be due and payable in the sums hereinbefore provided, commencing
the calendar year 1985, and be subject to renewal for succeeding years.
A late fee in the sum of $30 shall be assessed for Category 1, 2 and
3 establishments if payment is received by the Township after the
January 4 payment deadline.
[Amended 7-14-2010 by Ord. No. 2010-06-09]
C.
The municipal governing body may waive the annual
fee for licensing of retail food establishments owned and operated
by bona fide nonprofit charitable organizations, provided that the
Hunterdon County Health Department has waived its fee for the inspection
of such establishments.
[Added 8-9-1989]
A.
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 N.J.A.C. 8:24-1.1 et seq. and as may be amended
from time to time, 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, 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.
[Amended 11-19-2011 by Ord. No. 2011-10-10]
B.
A license issued under the terms and provisions of
the chapter shall not be revoked, canceled or suspended until 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.
[Amended 12-10-1997]
This chapter is being enacted pursuant to N.J.S.A.
40:52-1.
The County Health Director is hereby designated
to be the Health Officer of the Township and its general agent for
the purposes of enforcement of this chapter, under the supervision
of the Board of Health of the Township which shall be responsible
for the administration and enforcement of this chapter.
