[HISTORY: Adopted by the Board of Health of the Borough of
Swedesboro as indicated in article histories. Amendments noted where
applicable.]
GENERAL REFERENCES
Alcoholic beverages — See Ch. 80.
[Adopted 4-27-1970 (Ch. 124, Art. I, of the 1982 Code); amended in its entirety
at time of adoption of Code (see Ch. 342, General Provisions, Board
of Health, Art. I)]
The provisions of N.J.A.C. 8:24-1.1 et seq., being Chapter 24
of the State Sanitary Code, Sanitation in Retail Food Establishments
and Food and Beverage Vending Machines, shall be enforced in the Borough
of Swedesboro.
[Adopted 4-27-1970 (Ch. 124, Art. II, of the 1982 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 N.J.A.C. 8:24-1.1 et seq., established by ordinance of the local
Board of Health of even date, 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 N.J.A.C. 8:24-1.1 et
seq.
The fees for licensure of retail food establishments shall be as set forth in Chapter 140, Fees.
A.
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 N.J.A.C. 8:24-1.1 et seq. 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
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.[1]
B.
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 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
said notice 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.
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.
Any person who violates any provision of or order promulgated
under this article or the 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.
