[HISTORY: Adopted by the Township Committee of the Township
of Winslow: Art. I, 8-28-70 by Ord. No. 0-11-70 as Art. I of Ch. 52 of the 1970 Code of the Township of
Winslow; Art. II, 8-28-70 by Ord. No. 0-11-70 as Art. II of Ch. 52 of the 1970 Code of the Township of
Winslow. Amendments noted where applicable.]
[Adopted 8-28-70 by Ord. No. 0-11-70 as Art. I of Ch. 52 of the 1970 Code of the Township of Winslow[1]]
[1]
Editor's Note: This legislation was originally adopted
3-28-69 as Ord. No. 0-1-69.
A code regulating retail food establishments and fixing penalties
for violations is hereby established pursuant to N.J.S.A. 26:3-69.1
to 3-69.6. A copy of said code is annexed hereto and made a part hereof
without the inclusion of the text thereof herein.
The said code established and adopted by this Article is known
as the "Retail Food Establishment Code of New Jersey (1965)."
Three (3) copies of the said Retail Food Establishment Code
of New Jersey (1965) have been placed on file in the office of the
Health Coordinator (Health Officer) of the local Board of Health upon
the introduction of this Article and will remain on file there until
final action is taken on this Article for use and examination by the
public.
Any person who violates any provision of or order promulgated
under this Article or code established herein shall, upon conviction
thereof, be liable to a penalty of not less than two dollars ($2.)
nor more than one hundred dollars ($100.) for each violation. Each
day a particular violation continues shall constitute a separate offense.
[Adopted 8-28-70 by Ord. No. 0-11-70 as Art. II of Ch. 52 of the 1970 Code of the Township of Winslow[1]]
[1]
Editor's Note: This legislation was originally adopted
7-28-67 as Ord. No. 0-7-67.
It shall be unlawful for any person or any body corporate to
conduct a retail food establishment as defined in and governed by
the Retail Food Establishment Code of New Jersey (1965) established
by ordinance of the local Board of Health dated June 30, 1967, 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
Retail Food Establishment Code of New Jersey (1965).
The fees for licensure of retail food establishments are hereby
fixed as follows:
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 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, 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 that the license 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
(3) 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 the same 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.
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 municipality
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 to exceed two hundred dollars ($200.) or by imprisonment
in the county jail for a period of not to exceed ninety (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.
