[HISTORY: Adopted by the Township Committee of the Township of Wall 11-8-1978 as Sec. 5-6 of the Revised General Ordinances. Amendments noted where applicable.]
It shall be unlawful for any person or any body corporate to conduct a retail food establishment as defined in and governed by N.J.A.C. 8:24-1 et seq. 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 N.J.A.C. 8:24-1 et seq.
[Amended 2-14-2007 by Ord. No. 2-2007; 11-23-20110 by Ord. No. 21-2010]
Fees for annual licensing of retail food establishments are hereby fixed as follows:
Food license late fee; reinspection fee.
A late fee charge will be levied by the licensing municipality on those food establishment owner(s) and/or operator(s) who do not renew their license on the anniversary date. The late fee charge will be in addition to the cost of the establishment's annual food licensing fee. The late fee charge is set as follows: the late fee equals 20% of the food establishment's annual licensing fee, except that the minimum late fee charge shall be set no lower than $20.
If, upon reinspection, the establishment is rated conditional or below for the same or similar violation, there will be a reinspection fee of $100. Establishments are still subject to additional penalties upon inspector's discretion.
All public primary, elementary and secondary schools shall be exempt from the fees set forth herein.
Editor's Note: The provisions of this ordinance are retroactive to 1-1-2007.
Any license issued under the terms and provisions of this chapter shall expire on December 31 of each year and may be suspended or revoked by the Board of Health of the Township for the violation by the licensee of any provision of this chapter 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 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 Township, or that the person 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.
A license issued under the terms and provisions of this chapter 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 the 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 of Health concludes that the charges have been sustained and substantiated, it may revoke, cancel or suspend the license held by the licensee.
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 on 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.
No license for a retail food establishment shall be issued until the Township Clerk is in receipt of a certification from the Tax Collector that all real property taxes and assessments pertaining to the property on which the retail food establishment is located are current and that no such taxes or assessments are then due and owing.