Adoption of Standards
[Ord. No. 7]
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 26:3-69.6. The code is adopted by reference and made a part hereof
without the inclusion of the text thereof herein.
[Ord. No. 7]
The code established and adopted by §§ BH4-1 through BH4-4 is commonly known as the "Retail Food Establishment Code of New Jersey (1965)."
[Ord. No. 7]
Three copies of the Retail Food Establishment Code of New Jersey (1965) have been placed on file in the office of the Clerk of this Local Board of Health upon the introduction of §§ BH4-1 through BH4-4 and will remain on file there until final action is taken on §§ BH4-1 through BH4-4 for the use and examination of the public.
Licensing
[Ord. No. 8]
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) 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).
[Ord. No. 8; Ord. No. 77-2; Ord. No. 2-82; Ord. No. 2-88; Ord. No. 2018-07 § 2; amended 2-18-2020 by Ord. No. 2308-20]
Prior to the issuance of any license under §§ BH4-1 through BH4-9, the applicant shall be required to pay an annual license fee of $150 to cover costs incurred by the Board of Health in the issuance of the license and inspections incidental thereto. No fee shall be charged to a nonprofit organization which shall make an application for a license under §§ BH4-1 through BH4-9, provided that an appropriate person or officer of the organization shall file with the Secretary of the Board of Health a statement, signed under oath, indicating that the organization applying for the license is, in fact, a duly qualified nonprofit organization under the laws of the State of New Jersey.
[Ord. No. 8]
a.Â
Any license issued under the terms and provisions of §§ BH4-5 through BH4-9 may be suspended or revoked by the Board of Health of this municipality for the violation by the licensee of any provisions of §§ BH4-5 through BH4-9 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 of any ordinance of this municipality, or that the person or persons conducting the retail food establishment is or 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.
b.Â
A license issued under the terms and provisions of §§ BH4-5 through BH4-9 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 being 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 the 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.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 Borough,
unless the application for such license shall be approved by the Board
of Health.
[Ord. No. 8]
No provision of §§ BH4-5 through BH4-9 shall be applied so as to impose any unlawful burden on either interstate commerce or any activity of the state or federal government.
