[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.
[1]
Editor’s Note: Former § 169-3, Sales of foods processed
in vehicles prohibited, was repealed 7-11-2019 by Ord. No. 2019-7.
A.Â
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.
B.Â
Trucks, wagons or other vehicles used in the preparation or delivery
of food or drink shall be of a sanitary type permitted, licensed,
and maintained in compliance with the Retail Food Establishment Code
of New Jersey, which has been duly adopted by the Borough of Netcong.
[Amended 7-11-2019 by Ord. No.
2019-7]
A.Â
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.
B.Â
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.
A.Â
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.
B.Â
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.
A.Â
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.
B.Â
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.
C.Â
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.
