[Adopted 12-8-1994]
A.
A license shall be obtained from the Health Department
by every person who shall conduct, operate or maintain within the
Borough any fixed or mobile food establishment.
B.
Such events requiring a special event food permit
shall include, but not be limited to, bazaars, flea markets, parades,
picnics, carnivals, sidewalk sales and any other event not to exceed
five days' duration.
A.
Any license issued under the provisions of this article
may at any time during the term for which the same is so issued be
suspended by the Board or, in an emergency, by the Health Officer
pending a hearing. A hearing, pursuant to a notice to show cause why
said license or permit should not be revoked or further suspended
by the Board, will be granted to the holder thereof.
B.
Failure by the license holder, or his representative,
to appear for a formal hearing before the Board, after receipt of
written notification of such hearing, shall not infringe upon the
Board's right to render judgment.
C.
Any license issued under the provisions of this article
may be suspended, after notice and a formal hearing as provided in
this code, for any of the following reasons:
(1)
The violation of any of the provisions of this code.
(2)
The violation of any statute of the State of New Jersey
dealing with health and sanitary practices and procedures.
(3)
A knowing misrepresentation of a material fact on
the retail food establishment license application form.
(4)
Failure to comply with lawful directives of the Board
of Health, the Health Officer or his authorized agent(s).
(5)
Two consecutive ratings of "conditional satisfactory"
by the Health Officer or his duly authorized agent(s).
D.
During the period of any such suspension, or continuance
thereof, every license or permit so suspended shall be ineffective,
and the holder thereof shall, during the entire period of such suspension,
cease the operation of any business and discontinue every activity
or use permitted under the license or permit suspended.
A.
Before any license or permit may be revoked, the Health
Officer shall notify the license holder, in writing, stating the reasons
for which the license is subject to revocation and advising that the
license shall be permanently revoked, as provided in this code, for
any of the following reasons:
B.
The time and place for such formal hearing shall be
fixed at the discretion of the Board; provided, however, that an unreasonable
time shall not be permitted to elapse between the date of any suspension
of license and the date fixed for revocation hearing.
Notice of the time and place of any formal hearing
held under this article shall be given by the Board of Health to the
holder of the license or permit, in writing, and served either personally
or sent to the applicant, by certified or registered mail, addressed
to him at the address stated in the license or permit or by posting
securely on or near the main entrance door. If there is more than
one entrance door, the notice shall be posted on the one which, in
the discretion of the Health Officer, is most used by the general
public.
The Board of Health as a whole shall function
as hearing officer. Testimony shall be offered by the Health Officer
and sanitary inspector(s) and by the licensee or permit holder and
any employee(s). An attorney may be present to represent the licensee
or permit holder and/or the Board. A verbal record shall be taken
on tape.
A licensee or permittee who fails to appear
at the time and place fixed for such hearing shall not be entitled
to any further hearing, and, in that event, the license or permit
may, as a matter of course, be forthwith revoked.
The Board of Health, after a formal hearing,
may order the license restored pending full compliance with all applicable
codes and statutes.
The Health Officer, as a result of any conditional
or unsatisfactory inspection report or other field inspection documenting
serious violations may ask the holder of a license or permit to attend
an informal hearing with the Health Officer and one or more sanitary
inspectors. At the informal hearing, the parties shall discuss the
health-related problems in the establishment, actions necessary to
correct said problems and a reasonable time schedule for completion.
The Health Officer shall make a narrative record of the hearing which
shall be the basis for a proposed consent agreement listing the deficiencies,
corrections needed and time schedule for completion. Refusal to attend
an informal hearing or sign a consent agreement may result in a notice
to show cause pursuant to this article.
