In any case where a provision of any Board of Health ordinance
is found to be in conflict with the provisions of any zoning, building,
fire, safety or health ordinance or code of the Borough of Haledon,
the provision which establishes the higher standard for the promotion
and protection of the health and safety of the people shall prevail.
A.
Any license issued under the terms and provisions of this article
may be suspended or revoked by the Board of Health of the Borough
of Haledon for the violation by the licensee of any provision of this
article or of the State Sanitary Code of New Jersey 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 Borough or that the person or persons conducting the public
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 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 be deposited
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.
If any such license shall have been revoked, neither the holder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, firm or corporation who or which shall violate any
of the provisions of this article shall, upon conviction, be punished
by a fine of not less than $100 or more than $500 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 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.
This article is being enacted pursuant to N.J.S.A. 40:52-1.
The Board of Health of the Borough of Haledon shall be responsible
for the administration and enforcement of this article.
