[Adopted 10-2-1969]
[Amended 11-2-1972]
It shall be unlawful for any person or any body corporate to conduct a retail food establishment as defined in and governed by Chapter XII of the State Sanitary Code, Construction, Operation and Maintenance of Retail Food Establishments, without first having procured a license from the local Board of Health so to do or without complying with any or all of the provisions concerning operation and maintenance of the same as contained in the aforementioned Chapter XII of the State Sanitary Code.
[Amended 11-16-1983; 4-6-1989; 12-8-1994; 10-1-1998; 10-7-2004; 10-13-2016]
A. 
The fees for the licensing of retail food establishments are hereby fixed as follows:
Establishment
Fee
Bakeries
$300
Butcher shops
$250
Confectioners
$200
Delicatessens
$300
Establishments that only sell prepacked or unpackaged non-potentially-hazardous foods, coffee or prepackaged ice cream as a supplement to the primary business
$150
Food establishment not otherwise listed
$250
Home delivery food trucks
$100
Home delivery milk trucks
$50
Ice cream stores
$200
Ice cream trucks
$100
Liquor stores/taverns not serving food
$200
Mobile vendors
$175
Nursery school
$100
Nursing homes
  1 to 50 beds
$200
  50 to 100 beds
$225
  100 to 200 beds
$275
  200 to 300 beds
$350
  300 beds and over
$500
Produce markets
$200
Religious, civic or nonprofit organizations
No fee
Restaurants, banquet facilities or industrial/institutional cafeterias, according to seating capacity:
  0 to 25 persons
$275
  26 to 50 persons
$300
  51 to 100 persons
$350
  101 persons and over
$500
Seasonal food operators (nonmobile)
$200
Snack bars located within another business for the convenience of the patrons, providing food primarily for on-the-premises consumption
$200
Special event food permit
$50
Supermarkets, grocery, retail food warehouses and convenience stores
  Maximum dwelling area of 5,000 square feet
$200
  Each additional 5,000 square feet or fraction thereof
$150
  Maximum fee
$600
Vending machines
$25
  Soda, snack, coffee or other non-potentially-hazardous food
$35
  Sandwiches, milk, ice cream or other potentially hazardous food
$35
B. 
Penalties. There shall be charged a penalty for license fees received after the 10th day following the expiration dates as stipulated in this § 210-2. Nothing herein shall be construed to extend the time in which fees are payable.
(1) 
License fees of $100 or less shall be assessed a penalty of $50 for a period not to exceed 30 days after the license expiration date. Penalties shall be assessed at an additional $50 for each thirty-day period, or portion thereof, after the initial penalty period.
(2) 
License fees of $101 or more shall be assessed a penalty of $100 for a period not to exceed 30 days after the license expiration date. Penalties shall be assessed at an additional $100 for each thirty-day period, or portion thereof, after the initial penalty period.
(3) 
All penalty fees shall be paid inclusive with the initial license fee.
[Amended 11-2-1972]
Any license issued under the terms and provisions of this article may be suspended or revoked by the Board of Health of this municipality for the violation of the licensee of any provision of this article or Chapter XII of the State Sanitary Code 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 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.
[Amended 11-2-1972]
A license issued under the terms and provisions of this article 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 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.
[Amended 11-2-1972]
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 city unless the application for such license shall be approved by the Board of Health.
No provision of this article shall be applied so as to impose any unlawful burden on either interstate commerce or any activity of the state or federal government.
Any person, firm or corporation who shall violate any of the provisions of this article shall, upon conviction, be punished by a fine not to exceed $200 or by imprisonment in the county jail for a period not to exceed 90 days, or by both such fine and imprisonment, and each violation of any of the provisions of this article, and each day the same is violated, shall be deemed and taken to be a separate and distinct offense.