[HISTORY: Adopted by the Board of Health of the Township of West Deptford 4-20-1967 and incorporated by Township Committee into General Ordinances adopted 6-18-1970 as Section 18:4. Amendments noted where applicable.]
Adoption by reference. 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 69.6. A copy of said code is annexed hereto and made a part hereof without the inclusion of the text thereof herein.
Copies. Three copies of said Retail Food Establishment Code of New Jersey (1965) have been placed on file in the office of the Clerk of the Township of West Deptford upon the introduction of this chapter and will remain on file there until final action is taken on this chapter for use and examination by the public. Additional copies may be obtained through the Director of Local Health Services, State Department of Health, P.O. Box 1540, Trenton, New Jersey, 08625.
The said code established and adopted by this chapter is described and commonly known as the "Retail Food Establishment Code of New Jersey (1965)."
The enforcement official charged with the duties of enforcement of the provisions of this chapter shall be the Board of Health of the Township of West Deptford or its designated agent.
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) or in this chapter.
All persons desiring a license specified in § 175-4 above shall submit an application to the local Board of Health on forms approved by said Board. After study and review, the local Board of Health may, if it shall determine that the applicant qualifies for the license, issue said license. Before any license is issued pursuant to this chapter or before any application is considered, a fee as hereinafter stated shall be paid.
The fees for licensing of retail food establishment shall be as set forth in Chapter 11.
[Amended 6-18-1996 by Ord. No. 96-11; 3-10-2011 by Ord. No. 2011-01]
No license shall be valid unless stamped by the township or its official agencies, and a stamped license shall be prima facie evidence of the payment of the fees required under this chapter.
Any license issued under the terms and provisions of this chapter may be suspended or revoked by the Board of Health of this municipality for the violation by the licensee of any provision of this chapter 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 statute of 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 such license is being used for a purpose foreign to that for which the license was issued.
A license issued under the terms and provisions of this chapter 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 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 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 township unless the application for such license shall be approved by the Board of Health.
No provision of this chapter shall be applied so as to impose any unlawful burden on either interstate commerce or any activity of the State or federal government.