[HISTORY: Adopted by the Borough Council of the Borough of Paramus 11-4-1971 by Ord. No. 686 (Ch. 8, Art. 8, of the 1969 Code). Amendments noted where applicable.]
[Amended 6-13-1989 by Ord. No. 89-28; 11-24-1992 by Ord. No. 92-23]
It shall be unlawful for any person or any body corporate to conduct a retail food establishment as defined in and governed by Chapter XII of the New Jersey State Sanitary Code, adopted as the Sanitary Code of Paramus, 1974, without first having procured an annual license from the Local Board of Health so to do and without complying with any or all of the provisions concerning operation and maintenance of the same as contained in the aforementioned Chapter XII of the State Sanitary Code.
[Amended 4-10-1979 by Ord. No. 79-14; 6-13-1989 by Ord. No. 89-28; 11-24-1992 by Ord. No. 92-23; 6-14-1994 by Ord. No. 94-12; 6-14-1994 by Ord. No. 94-13; 3-27-2001 by Ord. No. 01-6; 8-29-2006 by Ord. No. 06-24; 11-23-2010 by Ord. No. 10-18; 4-7-2015 by Ord. No. 15-08]
The licenses issued aforesaid shall be effective for the calendar year, expiring on the 31st day of December of the year of issue, and may be renewable for succeeding calendar years thereafter. The fee for license renewals shall be due and payable on or before the first day of February in the year of renewal. Retail food establishments in operation and holding current licenses at the time of enactment of this chapter shall be required to renew licenses at the revised fees specified herein for succeeding years.
A late fee of $50 shall be charged on all license fees of $250 or less which are not paid on/or before February 1 of the license year. An additional $50 shall be charged for each thirty-day period that the license fee is not paid after February 1 of the license year.
A late fee of $75 shall be charged on all license fees in excess of $251 which are not paid on/or before February 1 of the license year. An additional $75 shall be charged for each thirty-day period that the license fee is not paid after February 1 of the license year.
A. 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 Chapter XII of the New Jersey State Sanitary Code 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 is being used for a purpose foreign to that for which the license was issued.
[Amended 6-13-1989 by Ord. No. 89-28]
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 licensees 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 be 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 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.
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 city, 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.
[Amended 11-24-1992 by Ord. No. 92-23; 3-14-2006 by Ord. No. 06-2]
Any person, firm or corporation who shall violate any of the provisions of this chapter shall, upon conviction, be subject to the penalties provided by § 1-15 of this Code, and each violation of any of the provisions of this chapter and each day the same is violated shall be deemed and taken to be a separate and distinct offense.