As used in this chapter, the following terms shall have the
meanings indicated:
RETAIL FOOD ESTABLISHMENT
Any fixed or mobile restaurant; coffee shop; cafeteria; short-order
cafe; luncheonette; grill; tearoom; sandwich shop; soda fountain;
tavern; bar; cocktail lounge; night club; roadside stand; industrial
feeding establishment; private, public or nonprofit organization or
institution routinely serving food; catering kitchen; commissary;
box lunch establishment; retail bakery; meat market; delicatessen;
grocery store; public food market or similar place in which food or
drink is prepared for retail sale or for service on the premises or
elsewhere; and any other retail eating or drinking establishment or
operation where food is served, handled or provided for the public
with or without charge.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
It shall be unlawful for any person or any body corporate to
conduct a retail food establishment without first having procured
a license from the local Township Committee so to do or without complying
with any or all of the provisions concerning operation and maintenance
of the same as provided by statutes and codes enacted by the State
of New Jersey.
The fees for licensure of retail food establishments are hereby
fixed at $20 per year.
All such license fees shall be paid on or before January 1 of
each year. Failure to make payment by that date shall result in an
additional late payment charge of $10 in order to obtain said licensure.
The Township of Harmony shall not notify any required license holder
to make payment of such license fee.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A. Any license issued under the terms
and provisions of this chapter may be suspended or revoked by the
Township Committee of this municipality for the violation by the licensee
of any provision of this chapter or N.J.A.C. 8:24-1.1 et seq., Sanitation
in Retail Food Establishments and Food and Beverage Vending Machines,
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 or 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 Township Committee.
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 Township Committee, the person aggrieved shall
have an opportunity to answer and may thereafter be heard, and upon
due consideration and deliberation by the Township Committee, 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 Township unless the application
for such license shall be approved by the Township Committee.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any person who shall violate any of the provisions of this chapter shall, upon conviction, be subject to the penalty provisions in Chapter
1, Article
II, General Penalty, of the Code of the Township of Harmony. Each violation of any provisions of this chapter and each day the same is violated shall be deemed and taken to be a separate and distinct offense.