[HISTORY: Adopted by the Mayor and Council of the Borough of Netcong as indicated in article histories. Amendments noted where applicable.]
[Adopted 7-11-1972 as Ch. 53 of the 1972 Code]
For the purpose of this article, the terms used herein are defined as follows:
- An individual, firm, partnership, corporation, voluntary association, incorporated association and principal and agent thereof.
It shall be unlawful for any person within the limits of the Borough of Netcong to sell, offer for sale, display for sale, dispose of or deliver any prepared food in the form of box lunches, sandwiches, coffee, tea or other food or beverages for human consumption from any wagon, automobile or vehicle of any kind, to the ultimate consumer, without first having obtained a license as hereinafter prescribed. Specifically excluded from the provisions of this article shall be any person delivering food to a residential premises for human consumption where said food is being delivered upon the order of said consumer.
No person shall, within the corporate limits of the Borough of Netcong, sell, offer for sale, display for sale or give away any food or drink intended for human consumption which is or has been prepared, cooked, processed, packaged or bottled in any mobile kitchen, trailer, truck, car or other vehicle.
No person shall, within the corporate limits of the Borough of Netcong, sell, offer for sale, display for sale or deliver any box lunches, sandwiches, coffee or tea to the ultimate consumer unless the box lunches, sandwiches, coffee or tea has been prepared in a restaurant, kitchen or establishment either duly licensed by the Board of Health of the Borough of Netcong or inspected and approved by the Board of Health Sanitarian of the Borough.
Trucks, wagons or other vehicles used in the delivery of box lunches, sandwiches, coffee or tea shall be of a sanitary type approved by the Sanitarian and shall be maintained in accordance with the Retail Food Establishment Code of New Jersey, 1965, which has been duly adopted by the Borough of Netcong. All food shall be packaged in the kitchen, restaurant or establishment preparing the same, and the packages shall not be opened by seller at any time.
Any person desiring a license under this article shall apply in writing to the Board of Health on forms supplied by it and verified by the applicant. The application shall include the name of the applicant, his permanent home address and information as to whether the applicant has been convicted of a crime, misdemeanor or violation of any municipal ordinance and, if so, the nature of the offense. If the applicant is an employee of any person, the application shall include an authorization from such person for the applicant to act as his or its representative.
It is further stated that any license previously granted by the Board of Health, Borough of Netcong, shall be renewed automatically upon the filing of an application in accordance with this article with the Board of Health and payment of the prescribed fee on or before the 31st day of January of each and every year.
Upon the filing of the application with the Board of Health, an investigation shall be made concerning the facts therein set forth. Upon the approval of the application and upon payment of the prescribed fee to the Board of Health Clerk, the license shall be issued. The license issued shall not authorize any person except the designated person named in the said license to engage in business thereunder and shall be not transferable from the person to whom issued to any other person. A separate license must be obtained by any person and every agent or representative working for him, subject to the provisions of § 169-8A relative to license fees.
Upon the issuance of such license, the Board of Health shall furnish the licensee with a plate, badge or other evidence bearing a number corresponding to the number of the license and the year in which it was granted. The plate, badge or other evidence shall be displayed at all times in a conspicuous part of the vehicle used by the licensee, if any, in the conducting of his business, and if no vehicle shall be used, it shall be carried by him and exhibited on demand of any of the citizens of the Borough or members of the Police Department thereof. Such license shall be good only for the year in which it was issued, and shall expire at 12:00 midnight, December 31, of each year. Any licensee applying for or obtaining a license after the first day of January in any year shall pay the license fee for the full year for which it was issued, and each license shall expire at 12:00 midnight, December 31, of each year.
The license fee to be imposed under this article for each year beginning with the first day of each year, for revenue purposes, shall be $200 for each wagon, automobile or other vehicle of any kind in which the products are carried or from which they are sold. For each salesman, in addition to the above license fees, a fee of $20 shall be imposed, except that a license for one salesman shall be issued without charge with the license for each wagon, automobile or vehicle of any kind in which such products are carried or sold.
The license above provided for may be revoked by the Borough of Netcong for the violation of any of the provisions of this article, upon notice and hearing; provided, however, that a license may be suspended for a period not exceeding two weeks. Should any license be revoked, no part of the license fee shall be returned.
[Amended 8-10-2006 by Ord. No. 2006-20]
[Adopted 7-11-1972 as Ch. 54 of the 1972 Code]
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, 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).
[Amended 3-12-1974; 5-8-1984]
The fee for licensure of retail food establishments is hereby fixed as follows: retail food establishment, permanent locale, $30.
Any license issued under the terms and provisions of this article may be suspended or revoked by the Board of Health of this municipality for the violation by the licensee of any provision of this article 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.
A license under the terms and provisions of this article 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 by depositing same 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.
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 Borough unless the application for such license shall be approved by the Board of Health.
No provision of this article shall be applied so as to impose any unlawful burden on either interstate commerce or any activity of the state or federal government.