[HISTORY: Adopted by the Board of Health of the City of East
Orange 3-20-2012 by Ord. No. 1-2012. Amendments noted where
applicable.]
It is hereby declared that the public policy of the City of
East Orange is to protect and promote the general welfare, public
health and safety of its citizenry by enacting ordinances that prevent
the spread of communicable diseases and curb activity that has the
potential to be injurious to the public at large. Boards of health
are charged with ensuring that population-based public health services
are provided to the public, N.J.A.C. 8:52-3.1. Population-based public
health services include the investigation of health hazards, preventable
injuries and exposure-related diseases in both work and community
settings, N.J.A.C. 8:52-3.2(a)6iv.
The purpose of this chapter is to allow the East Orange Department
of Health to issue mercantile permits to persons engaged in commercial
activity that has the potential to lead to the spread of communicable
diseases, public health nuisances and/or otherwise be injurious to
the public at large.
It shall be unlawful for any person, firm, corporation and/or
other business entity to engage in or carry on any business, trade,
occupation or activity as enumerated in this chapter without having
first obtained a mercantile permit from the East Orange Department
of Health.
Businesses engaged in the following endeavors must obtain mercantile
permits:
This chapter in no way absolves businesses from obtaining certificates
of occupancy before they commence operations. In fact, businesses
must first obtain a certificate of occupancy before a mercantile permit
may be issued for a particular location.
Forms for all permits and applications therefor shall be prepared
and kept on file by the City of East Orange Division of Environmental
Health.
Upon receipt of an application for a mercantile permit, the
Department of Health shall have 30 days to conduct an investigation
and issue a report to the Health Officer regarding said application.
The report shall detail whether the condition and/or state of the
applicant's business is likely to lead to the spread of communicable
diseases, the creation of a nuisance or otherwise be injurious to
the public. If a report is not generated within 40 days or if the
Department of Health fails to make a determination as to whether a
permit should be issued within 40 days, the application for a mercantile
permit will be deemed approved.
The determination as to whether a mercantile permit should be
issued is contingent on the investigatory reports of the Department
of Health. The Department of Health's position as to whether
a mercantile permit should be issued shall be based on the following
factors:
A.
Whether the applicant is in compliance with the general laws, public
health statutes and codes of the State of New Jersey and the City
of East Orange.
B.
The license history of the applicant regarding past violations, rejections
or suspensions, and the timeliness of past applications for permits
and the applicant's continued compliance with permit requirements.
Applicants for mercantile permits shall be assessed a two-hundred-and-fifty-dollar
fee. All fees and charges for mercantile permits shall be paid in
cash, certified check, bank check or money order at the time the application
is filed. Where an applicant is engaged in more than one activity
at a single location that requires a mercantile permit, he shall only
be assessed one fee.
All mercantile permits shall expire one calendar year from the
date of issue.
This chapter does not excuse applicants from complying with
the City of East Orange's land use and zoning laws.[1]
Mercantile permits are tied to the location where a particular
business operates. If a permit holder desires to transfer his/her
business to another location within the City of East Orange, he must
file an application for a new mercantile permit.
It shall be the duty of an applicant to permit an inspector
from the City of East Orange to enter and inspect the location where
he/she will conduct business. If an inspector is unable to gain access
to an applicant's place of business, his/her application will
be denied.
The City of East Orange's Mayor and governing body reserve
the right to revoke mercantile permits whenever their holders violate
any local, state or federal laws, regulations, rules and/or ordinances.
Prior to the revocation of a holder's mercantile permit(s), he
or she will be provided notice of the City's intention to revoke
his or her permit. Said notice shall detail the basis for the City's
contemplated action and provide a hearing date wherein the holder
of the permit will have an opportunity to contest the City's
action. At the time of the hearing, the holder of the permit shall
have the opportunity to present evidence, introduce testimony and
cross examine any witnesses who testify. Permit holders may be represented
by counsel at the hearing. The City must support its allegations by
a preponderance of the evidence.
Permits issued under this chapter shall be posted in a conspicuous
location at the place of business shown on said permit.
The enforcement of the provisions of this chapter dealing with
mercantile permits shall be within the jurisdiction of the East Orange
Department of Health.
Any person, firm, association, corporation or business entity
that violates any section of this chapter shall be subject to a fine
of not more than $500 nor less than $5, in compliance with N.J.S.A.
26:3-70, and shall be barred from conducting business within the City
of East Orange.
