[HISTORY: Adopted by the Township Committee of the Township
of Knowlton by Ord. No. 84-2 (Sec.
4-5 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
the Retail Food Establishment Code of New Jersey (1965), established
by ordinance of the local Board of Health adopted May 1, 1970, 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
Retail Food Establishment Code of New Jersey (1965).
The fees for licensure of retail food establishments are hereby
fixed as follows:
A.
Retail food establishment, permanent locale: $20 annually.
B.
Temporary retail food establishment: $10, provided that no fee shall
be charged for any temporary permit issued to a church, school, volunteer
Fire Department or other charitable, religious or eleemosynary organization
for any such establishment in the operation of which the members of
such organization personally participate in preparing and distributing
food or food products.
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 section
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 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.
B.
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 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 of Health
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 municipality
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.
Any person, firm or corporation who shall violate any of the
provisions of this chapter shall, upon conviction, be punished by
a fine of not to exceed $200 or by imprisonment in the county jail
for a period of not to exceed 90 days, or by both such fine and imprisonment,
and each violation of any of the provisions of this chapter and each
day the same is violated shall be deemed and taken to be a separate
and distinct offense.