[HISTORY: Adopted by the Township Committee
of the Township of Kingwood 6-17-1985 by Ord. No. 5-3-1985. Amendments noted
where applicable.]
A.
It shall be unlawful for any person or any body corporate
to conduct a retail food establishment, as defined in and governed
by Chapter XII of the State Sanitary Code of New Jersey, without first
having procured an annual license from the Board of Health of the
Township of Kingwood and without complying with any or all of the
provisions concerning operation and maintenance of the same as contained
in the aforementioned Chapter XII of the State Sanitary Code of New
Jersey.
B.
No retail food establishment license shall be issued
unless the retail food establishment shall have in its possession
and on display a current satisfactory inspection certificate from
the Hunterdon County Health Department, dated within 12 months of
the application for said license.
C.
Retail food inspection fees shall be paid to the Board
of Health as follows:
[Added 11-4-2003 by Ord. No. 12-12-2003]
(1)
Category 1: News stands, pharmacies, liquor stores,
video stores, and other establishments handling commercially prepared,
prepackaged, non-potentially hazardous foods as an incidental part
of their business shall pay a fee of $100.
(2)
Category 2: Bed-and-breakfasts which serve full breakfasts;
agricultural markets (where there is no food preparation) where potentially
hazardous foods are offered for sale or where grocery food items account
for 50% or more of the sales area shall pay a fee of $100 (NOTE that
bed-and-breakfasts which serve continental breakfasts are exempt from
licensing and inspection as are agricultural markets offering for
sale only raw agricultural products with only an incidental amount
of grocery items.)
(3)
Category 3: All other retail food establishments shall
pay a fee of $200.
A.
License fee.
[Amended 3-17-1989 by Ord. No. 6-2-89; 7-16-1990 by Ord. No.
7-12-90; 11-18-2002 by Ord. No. 11-10-2002]
(1)
The annual fee for licenses of retail food establishments
as defined in Chapter XII of the State Sanitary Code is hereby fixed
at $225 per annum.
(2)
The fee for a temporary retail food establishment,
as defined under N.J.A.C. 8:24-1.5, shall be $75, provided that the
food establishment is operational for a period of not more than three
days. The fee for a temporary retail food establishment, as defined
under N.J.A.C. 8:24-1.5, that is operational for four or more days
is $125.
[Amended 11-4-2021 by Ord. No. 21-20-2021]
B.
The licenses issued shall be effective for a period
of one year, commencing on January 1 and renewable for succeeding
years thereafter, upon payment of the annual fee and compliance with
the requirements of this chapter and all other applicable laws and
regulations. Applications for retail food establishment licenses on
forms prescribed by the Board of Health, and the required fee shall
be submitted to the Board of Health at least 20 days prior to the
date of requested issuance renewal. In order to facilitate the implementation
of the new licensing effective date on January 1, 1991, all retail
food establishment licenses in Kingwood Township issued under the
current regulations shall be only for a six-month period from July
1, 1990, to December 31, 1990, and the cost thereof shall be 1/2 of
the annual fee.
[Amended 7-16-1990 by Ord. No. 7-12-1990]
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 chapter, or the Chapter XII of the State Sanitary Code of
New Jersey, 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 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 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/her, 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 of 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.
[Amended 11-4-2021 by Ord. No. 21-20-2021]
Any person, firm or corporation who shall violate any of the provisions of this chapter shall, upon conviction, be subject to the penalty provisions in Chapter 1, General Provisions, Article II, General Penalties, of the Township Code, 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.
This chapter is being enacted pursuant to N.J.S.A.
40:52-1.
The Board of Health of the Township of Kingwood
shall be responsible for the administration and enforcement of this
chapter.
