[HISTORY: Adopted by the Board of Commissioners
of the Township of Long Beach 7-18-1997 by Ord. No. 97-16C. Amendments
noted where applicable.]
[Amended 1-8-2018 by Ord.
No. 17-45C]
A code regulating retail food establishments
and fixing penalties for violations is hereby established pursuant
to N.J.S.A. 26:3-69.1 to 26:3-69.6 and N.J.S.A. 40:72-2 et seq.
[Amended 1-8-2018 by Ord.
No. 17-45C]
The code established and adopted by this chapter
shall be commonly known as the "Sanitation in Retail Food Establishments
and Food and Beverage Vending Machine Code, N.J.A.C. 8:24-1.1 et seq."
[Amended 1-8-2018 by Ord.
No. 17-45C]
It shall be unlawful for any person or any body
corporate to conduct a retail food establishment as defined in and
governed by the Sanitation in Retail Food Establishments and Food
and Beverage Vending Machine Code, N.J.A.C. 8:24-1.1 et seq. without
first having procured a license from the township 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 Sanitation
in Retail Food Establishments and Food and Beverage Vending Machine
Code, N.J.A.C. 8:24-1.1 et seq..
[Amended 4-2-2004 by Ord. No. 04-09C; 1-8-2018 by Ord. No. 17-45C]
The annual fee for the licensure of retail food
establishments is hereby fixed at $50.
[Amended 1-8-2018 by Ord.
No. 17-45C]
Any license issued under the terms and provisions
of this chapter may be suspended or revoked by Long Beach Township
for the violation by the licensee of any provision of this chapter
or of the Sanitation in Retail Food Establishments and Food and Beverage
Vending Machine Code, N.J.A.C. 8:24-1.1 et seq. incorporated in this
chapter, 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 Long Beach Township, or that the person
or persons conducting the retail food establishment is or 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.
A.
The license issued under the terms and provisions
of this chapter shall not be revoked, canceled or suspended until
a hearing thereon shall have been held by the township.
B.
Written notice of the time and place of such hearing
shall be served upon the licensee at least five days prior to the
date set for such hearing. Such notice shall also contain a brief
statement of the grounds to be relied on for revoking, canceling or
suspending such license.
C.
Notice may be given either by personal delivery thereof
to the person to be notified or by depositing the notice in the United
States Post Office in a sealed envelope, post prepaid, addressed to
such person to be notified at the business address appearing on said
license, said prepaid postage to include delivery certified mail,
return receipt requested.
D.
At the hearing before the township, the person aggrieved
shall have an opportunity to answer and may thereafter be heard; said
person shall be entitled to appear pro se or be represented by counsel
and present evidence in his or her own behalf.
E.
Upon due consideration and deliberation by the township,
the complaint may be dismissed, or if the township concludes that
the charges have been sustained and substantiated, it may revoke,
cancel or suspend the license held by the licensee.
F.
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.
Licenses issued pursuant to this chapter shall
expire annually on June 1, and any application for renewal thereof
shall be submitted, together with the required fee, to the township,
at least 15 days before the renewal date for the license applied for.