Borough of Closter, NJ Article XI Licenses and Permits

§ 250-67 Application; issuance; term; display.

A. It is intended that the terms "license" or "permit," wherever used herein, be synonymous if, in the interpretation of any part hereof, such synonym is required to carry out the manifest intent and purpose of this Part 2.

B. All applications for any license or permit may be withheld at the direction of the Board pending examination, investigation or inspection of the person who or the premises which may be the subject matter of the license or permit under consideration.

C. All licenses or permits issued under any of the several Articles of this Part 2 shall be valid only for the balance of the licensing year in which they are issued unless otherwise herein provided, except that a new license or permit issued in December shall be issued for that month and the following year. The licensing year shall run from January 1 until December 31 of the same year. No license or permit shall be transferable or assignable.

D. The Board shall evidence the granting of any license or permit issued by furnishing to the licensee or permittee a suitable card, sign, placard, disc, plate or writing which shall convey information concerning the nature of such license or permit, the serial number of the same, the name of the person to whom the same has been issued, the year in which the same is so issued, the premises or vehicle so licensed, if that is material or required, and such other information as the Board may deem pertinent.

E. Every license or permit issued by the Board shall be displayed in a conspicuous place in the establishment, premises or other place for which the same is issued and shall likewise be so displayed on every vehicle or conveyance so licensed for the period that said license or permit shall be in force, unless the Board shall otherwise prescribe.

§ 250-68 Suspension or revocation.

A. Notice to show cause; complaint; suspension; reinstatement.

(1) Every license or permit issued hereunder may, at any time during the term for which the same is so issued, be suspended by the Board or, in an emergency, by its Health Officer, pending a hearing, to be granted the holder thereof, pursuant to a notice to show cause why said license or permit should not be suspended further or revoked by the Board.

(2) No such license or permit shall be suspended unless the Health Officer shall file, with the Board, a compliant or charges evidencing one or more violations of the Article hereof under which said license or permit was originally issued or one or more violations of the New Jersey State Sanitary Code or other applicable statutes or regulations.

(3) Every suspension ordered under this section shall automatically terminate two weeks from the date thereof unless the continuance of such suspension shall be ordered by the Board for good cause, and then such suspension shall continue only during the period of any such continuance so ordered by the Board.

(4) During the period of any such suspension or ordered continuance thereof, every license or permit so suspended shall be ineffective, and the holder thereof shall, during the entire period of such suspension, cease the operation of any business or discontinue every activity or use permitted under the license or permit suspended.

(5) Any person whose license has been suspended may at any time make application for a reinspection for the purpose of reinstatement of the license. Within 10 days following receipt of a written request, including a statement signed by the applicant that in his or her opinion the conditions causing suspension of the license have been corrected, the Health Officer shall make a reinspection. If the applicant is complying with the requirements of this Part 2 and of the New Jersey State Sanitary Code or other applicable statutes or regulations and has paid the requisite reinstatement fee, the license shall be reinstated.

B. Revocation of license; hearing; notice; action.

(1) Any license or permit issued under the provisions of this Part 2 may be revoked at any time by the Board for just cause or if the licensee or permittee or any of the employees, agents or servants of said licensee or permittee shall violate:

(a) Any of the provisions of this Part 2 or any amendments hereof or supplements hereto;

(b) The Sanitary Code of the Department of Health of the State of New Jersey specifically applicable to the subject matter for or upon which said license or permit was issued; or

(c) Applicable state statutes, rules or regulations.

(2) Before any license or permit may be revoked, the Health Officer shall notify the license holder in writing, stating the reasons for which the license is subject to revocation and advising that the license shall be permanently revoked at the end of five days following service of such notice unless a written request for a hearing is filed with the Health Officer, by the license holder, within such five-day period.

(3) A license may be suspended for cause pending its revocation or a hearing relative thereto.

(4) The time and place for such hearing shall be fixed at the discretion of the Board; provided, however, that an unreasonable time shall not be permitted to elapse between the date of any suspension of license and the date fixed for revocation hearing.

(5) Notice of the time and place of any hearing held under this Article shall be given by the Board to the holder of the license or permit so involved, in writing and served either personally or sent to the applicant by registered mail, addressed to him or her at the address stated in the license or permit or by posting notice on the premises either on or near the main entrance door. If there is more than one entrance door, the notice shall be posted on the one which, in the discretion of the Health Officer, is used by the general public.

(6) A licensee or permittee who fails to appear at the time and place fixed for such hearing shall not be entitled to any further hearing, and in that event, the license or permit may, as a matter of course, be forthwith revoked.

(7) The Board of Health, after a formal hearing, may order the license restored, issue a conditional license or revoke the license pending full compliance with all applicable codes and statutes.

C. Informal hearings. The Health Officer, as a result of any conditional or unsatisfactory inspection report or other field inspection documenting serious code violations, may ask the holder of a license or permit to attend an informal hearing with the Health Officer and one or more sanitary inspectors. At the informal hearing, the parties shall discuss the health-related problems in the establishment, actions necessary to correct said problems and a reasonable time schedule for completion. The Health Officer shall make a narrative record of the hearing which shall be the basis for a proposed consent agreement listing the deficiencies and corrections needed and the time schedule for completion. Refusal to attend an informal hearing or to sign a consent agreement may result in a notice to show cause pursuant to § 250-68A(1) of this Part 2.

D. Formal hearing. Upon notice of suspension or revocation and a request by the license or permit holder, the Board shall schedule a formal hearing. The Board as a whole shall function as hearing officer; testimony shall be offered by the Health Officer and Sanitary Inspector and by the license or permit holder and any employee. An attorney may be present to represent the license or permit holder. A verbal record shall be taken on tape.

E. Conditional licenses. The Board may issue a conditional license after a formal hearing or at the time a new license or renewal is sought. The conditional license shall be for a specified time period during which the license or permit holder shall meet the conditions set forth by the Board in a manner satisfactory to the Health Officer. Upon expiration of the conditional license, the license holder shall cease operations unless the Board has extended the conditional license or granted a regular license or permit.