[Adopted 3-10-1970 by Ord. No. 4-70]
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. A copy of said code is annexed hereto and made a part hereof without the inclusion of the text thereof herein.
The said code established and adopted by this article is described and commonly known as the "Retail Food Establishment Code of New Jersey (1965)."
Three copies of the said Retail Food Establishment Code of New Jersey (1965) have been placed on file in the office of the Clerk upon the introduction of this article and will remain on file there until final action is taken on this article for the use of and examination by the public.
[Amended 1-8-1974 by Ord. No. 34-73]
Any person who violates any provision of or order promulgated under this article or code established herein shall, upon conviction thereof, be liable to a penalty of not less than $5 nor more than $500 for each violation. Each day a particular violation continues shall constitute a separate offense.
[Adopted 4-14-1970 by Ord. No. 5-70]
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, without first having procured a license from the Clerk or without complying with any and all of the provisions concerning operation and maintenance of the same as contained in the aforementioned Retail Food Establishment Code of New Jersey (1965).
No fee is required for nonprofit organizations organized for charitable purposes.
Any license issued under the terms and provisions of this article may be suspended or revoked by the Council 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 issued 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 Borough Council. 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 the 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 Council, the person aggrieved shall have an opportunity to answer and may thereafter be heard, and upon due consideration and deliberation by the Council the complaint may be dismissed, or if the Council 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 (Borough Council).
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.
[Amended 1-8-1974 by Ord. No. 34-73]
Any person, firm or corporation who shall violate any of the provisions of this article shall, upon conviction, be punished by a fine not to exceed $500 or by imprisonment in the county jail for a term not to exceed 90 days, or by both such fine and imprisonment; and each violation of any of the provisions of this article, and each day the same is violated, shall be deemed and taken to be a separate and distinct offense.