[Adopted 3-10-1966 by Ord. No. H4-66 (Ch. 103, Art. III,
of the 1969 Code)]
A.Â
It shall be unlawful for any person or any body corporate to conduct
a retail food establishment as defined in and governed by "Sanitation
in Retail Food Establishments and Food and Beverage Vending Machines"
(N.J.A.C. 8:24), established by ordinance of the local Board of Health
introduced February 10, 1966, 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 "Sanitation in Retail
Food Establishments and Food and Beverage Vending Machines" (N.J.A.C.
8:24).[1]
B.Â
The above provisions shall apply also to peddlers of ice cream and
milk products and peddlers of fresh produce and other foods.
[Added 12-11-1968 by Ord. No. 22-68]
[Amended 12-11-1968 by Ord. No. 22-68; 12-19-1990 by Ord. No. 42-90]
A.Â
The fees for licensing of retail food establishments are hereby established
as follows:
(1)Â
Stores, restaurants, and retail food establishments:
[Amended 5-16-2007 by Ord. No. 16-07]
(a)Â
Areas less than 2,000 square feet (including storage areas):
$100. The fee shall be prorated at $8.33 per month.
(b)Â
Areas 2,000 square feet to 5,000 square feet (including storage
areas): $150. The fee shall be prorated at $12.50 per month.
(c)Â
Areas greater than 5,000 square feet to 10,000 square feet (including
storage areas): $250. The fee shall be prorated at $20.83 per month.
(d)Â
Areas greater than 10,000 square feet (including storage areas):
$500. The fee shall be prorated at $41.67 per month.
(2)Â
Temporary retail food establishments: $25 for a one-day and $50 for
a two- to five-day event.
[Amended 5-4-2005 by Ord. No. 16-05]
(3)Â
Mobile restaurants/caterers, each vehicle: $100.
[Amended 5-16-2007 by Ord. No. 16-07]
(4)Â
Plan review fee: $250.
[Added 5-16-2007 by Ord. No. 16-07]
B.Â
Notwithstanding the provisions of this section, no fee shall be charged
for a license when the same is issued to a church, school or any eleemosynary
or nonprofit society or group.
C.Â
Additional inspections. Whenever additional inspections are necessitated
by reason of classification of a retail food establishment as conditionally
satisfactory or unsatisfactory (beyond one initial inspection), the
owner shall be assessed for the cost of such inspections at the flat
rate of $100.
[Amended 5-16-2007 by Ord. No. 16-07]
D.Â
Resampling and microbiological analysis. Whenever sampling of potentially
hazardous food results in an unsatisfactory microbiological analysis,
the owner(s) shall be assessed for the cost of both sampling and the
microbiological analysis of potentially hazardous foods at the rate
of $25 per sample, plus $50 per hour or part thereof.
E.Â
Every license issued shall expire May 31 of the following year of
its issue. A late fee of $100 will be charged to all applications
received after June 30.
[Added 5-16-2007 by Ord. No. 16-07; amended 2-27-2013 by Ord. No.
1-13]
A.Â
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 "Sanitation in Retail Food Establishments and Food and Beverage
Vending Machines" (N.J.A.C. 8:24), 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.[1]
B.Â
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 governing body
concludes that the charges have been sustained and substantiated,
it may revoke, cancel or suspend the license held by the licensee.
C.Â
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.
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 shall violate any of the
provisions of this article shall, upon conviction, be punished by
a fine of not less than $5 nor more than $500, 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.
