[HISTORY: Article I adopted by the Board
of Health of the Borough of Beach Haven as indicated in article history.
Article II adopted by the Board of Commissioners (now Borough Council)
of the Borough of Beach Haven as indicated in article history. Subsequent articles adopted by the Borough Council of the
Borough of Beach Have as indicated in article histories. Amendments
noted where applicable.]
GENERAL REFERENCES
Alcoholic beverages — See Ch. 45.
[Adopted 8-5-1971 as Ch. 121 of the 1971 Code]
A code regulating retail food establishments
and fixing penalties for violations is hereby established pursuant
to Revised Statutes 26:3-69.1 to 26:3-69.6. A copy of said code is
annexed hereto and made a part hereof without the inclusion of the
text thereof herein.
The said code established and adopted by this
article is described and commonly known as the "Retail Food Establishment
Code of New Jersey (1965)."
Three copies of the said Retail Food Establishment
Code of New Jersey (1965) have been placed on file in the office of
the Secretary of this local Board of Health upon the introduction
of this article and will remain on file there until final action is
taken on this article for the use and examination of the public.
Any person who violates any provision of or
order promulgated under this article or code established herein shall,
upon conviction thereof, be liable to a penalty of not less than $2
nor more than $100 for each violation. Each day a particular violation
continues shall constitute a separate offense.
[Adopted 8-13-1973 by Ord. No. 73-9]
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 Code of New Jersey (1965) established by ordinance of the local Board of Health, dated December 3, 1970, and appearing as Chapter 104, Article I, of the Code of the Borough of Beach Haven, without first having procured a license from the local Long Beach Island 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 Retail Food Establishment Code of New Jersey (1965).
[Amended 2-8-1982 by Ord. No. 82-4]
There shall be a charge of $25 for each license
or approval of an existing license.
A.
Any license issued under the terms and provisions
of this article may be suspended or revoked by the Long Beach Island
Board of Health for the violation by the licensee of any provision
of this article or the Retail Food Establishment Code of New Jersey
(1965) 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.
B.
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 Long Beach Island 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 Long Beach Island 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 Long Beach Island 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.
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 Borough unless the application for such license shall be
approved by the Long Beach Island 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.[1]
