[HISTORY: Adopted by the Board of Health
of the Township of West Windsor 7-14-1969 (Secs. BH:2-1 through BH:2-5
of the Revised General Ordinances); readopted by the Township Council 4-19-1999 by Ord. No.
99-07. Subsequent amendments noted where applicable.]
No person shall operate a retail food establishment
without a license from the Township Division of Health. Such license
shall be prominently displayed in the place of business.
A.
Applications for licenses shall be submitted, together with the fee required by Chapter 82, Fees, § 82-12C, as follows:
(1)
Temporary food establishments: not less than 20 days
prior to the proposed date(s) of operation.
(2)
All other retail food establishments: on or before
December 1 of each year preceding the year for which the application
is made.
(3)
New applications may be made at any time during the
year upon payment of the full annual fee.
A.
A license issued under the terms and provisions of
this chapter may be suspended or revoked by the Health Officer for
a violation by the licensee of any State Health Code which is by its
terms applicable thereto or in violation of any law of the United
States, the State of New Jersey or any ordinance of the Township.
B.
A license issued under this chapter shall not be revoked,
canceled or suspended until a hearing is held by the Health Officer.
Written notice of the time and place of the hearing shall be served
on the licensee at least 10 days prior to the date set for the hearing.
The notice shall contain a brief statement of the grounds to be relied
upon for revoking, canceling or suspending the license. Service shall
be deemed effected either upon personal delivery to the person to
be notified or upon deposit in the United States Post Office in a
sealed envelope, postage prepaid, addressed to the person to be notified,
at the business address appearing on the license. At the hearing before
the Health Officer, the person aggrieved shall have an opportunity
to answer and thereafter be heard, and upon due consideration and
deliberation by the Health Officer, the complaint may be dismissed;
or, if the Health Officer concludes that the charges have been sustained
and substantiated, the Health Officer may revoke, cancel or suspend
the license in question.
C.
Appeal.
(1)
Following such hearing by the Health Officer, the
license holder shall have the right of appeal to the Business Administrator.
An appeal shall be taken by filing written notice with the Health
Officer within five days after the receipt of a written order following
a hearing by the Health Officer.
(2)
The Business Administrator shall hear such appeal
de novo within 30 days from the date of filing the notice of appeal.
A.
In the event that the Health Officer presents a food
service employee's educational course during the year preceding renewal
of a license issued under the terms and provisions of this chapter,
then as a condition of renewal of any such license, the licensee shall
be required to establish, by written certification to the Health Officer,
that the person in charge of the retail food establishment has attended
the course, when offered.
B.
"Person in charge" is intended to mean the proprietor,
manager, assistant manager or other person with the authority and
responsibility for the daily operation of such retail food establishment.
C.
The licensee may also be required to attend such a
course if in the preceding year the establishment received two or
more less than satisfactory ratings as determined by sanitary inspection
according to Chapter XII of the State Sanitary Code, N.J.A.C. 8:24-1.1
et seq.
D.
The licensee may not be required to attend such an
educational course, provided that the person in charge of the establishment
has at some time attended the course and is certified as successfully
completing the course by the West Windsor Health Division.
E.
The Health Officer shall advise all licensees, in
writing, of all such courses offered, and failure to attend such programs
may result in the refusal to renew said license.
For information on fees, see Chapter 82, Fees, of this Code.
