[HISTORY: Adopted by the Township Committee of the Township
of Harmony 12-14-2010 by Ord. No. 10-11. Amendments noted where
applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
- RETAIL FOOD ESTABLISHMENT
- Any fixed or mobile restaurant; coffee shop; cafeteria; short-order cafe; luncheonette; grill; tearoom; sandwich shop; soda fountain; tavern; bar; cocktail lounge; night club; roadside stand; industrial feeding establishment; private, public or nonprofit organization or institution routinely serving food; catering kitchen; commissary; box lunch establishment; retail bakery; meat market; delicatessen; grocery store; public food market or similar place in which food or drink is prepared for retail sale or for service on the premises or elsewhere; and any other retail eating or drinking establishment or operation where food is served, handled or provided for the public with or without charge.
It shall be unlawful for any person or any body corporate to
conduct a retail food establishment 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 provided by statutes and codes enacted by the State
of New Jersey.
The fees for licensure of retail food establishments are hereby
fixed at $20 per year.
All such license fees shall be paid on or before January 1 of
each year. Failure to make payment by that date shall result in an
additional late payment charge of $10 in order to obtain said licensure.
The Township of Harmony shall not notify any required license holder
to make payment of such license fee.
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 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 or 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.
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 Untied 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 governing body
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, 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.
Any person who shall violate any of the provisions of this chapter
shall, upon conviction, be punished by a fine not to exceed $200 or
by imprisonment in the county jail for a period of not to exceed 90
days, or by both such fine and imprisonment, and each violation of
any provisions of this chapter and each day the same is violated shall
be deemed and taken to be a separate and distinct offense.
