[HISTORY: Adopted by the City Council of the City of Paterson 12-18-1979
by Ord. No. 79-111 as Ch. 13, Art. 8, of the 1979 Revised
General Ordinances of Paterson. Amendments noted where applicable.]
No person shall sell or offer for sale or distribute or have in his
possession with intent to sell or distribute in the city any milk, milk products
(except butter and cheese) or fluid milk products unless such person has first
obtained an annual license therefor from and paid the required license fee
to the Health Division, as follows:
A.
For each store, place of business or other premises at
or from which the above-described products are sold for off-premises consumption:
$25.
[Amended 12-2-2003 by Ord. No. 03-089]
B.
For each truck, wagon or other vehicle used in the distribution
or sale of the above-described products: $25.
[Amended 12-2-2003 by Ord. No. 03-089]
C.
For each milk vending machine: $5.
Any person who desires a license under the provisions of this chapter
shall make a written application to the Health Division for such license on
such form as may be supplied by the Division.
Each license issued under this chapter shall be valid for the calendar
year, unless sooner suspended or revoked as provided in this chapter.
No license issued under this chapter shall be transferable from one
person to another.
The licensee shall at all times display the license issued to him in
the following manner:
A.
When the sale or distribution of the products described in § 325-1 is made or to be made from a store, place of business or other premises, the license shall be displayed at all times in a conspicuous part therein. Such license shall be in the form of a card supplied by the Health Division.
B.
When the sale or distribution of the products described in § 325-1 is made or to be made from a truck, wagon or other vehicle, each such vehicle shall have therein a license which shall be furnished by the Health Division.
C.
When the sale is made or to be made from a milk vending
machine, the license, in the form of a cardboard furnished by the Health Division,
shall be placed and kept inside each such machine.
The following regulations shall apply with respect to all milk vending
machines in the city:
A.
The location and type of each milk vending machine shall
be approved by the Health Division.
B.
Hot running water shall be available on the premises
in which each milk vending machine is located. Each milk vending machine shall
be equipped with a crank or key for opening said machine, and such crank or
key shall be left on the premises and available to an inspector of the Health
Division for the purpose of inspection of such machine at all reasonable hours.
C.
All tanks in each machine shall be kept clean and sanitary
at all times.
D.
The milk contained in each machine shall be maintained
at a temperature not exceeding forty-five degrees Fahrenheit (45° F.)
at all times.
E.
The coin box in each machine shall be kept locked at
all times.
A.
Any license issued under this chapter may be suspended,
pending a hearing, whenever the Health Division or the Health Officer of the
city has reason to believe that the licensee is operating in violation of
any applicable state law or of any regulations or ordinances or of any provisions
of this chapter or rules and regulations adopted thereunder and finds, in
addition, that the suspension of the license is necessary for the protection
of the public health. In such case, the Health Division shall, upon request
of the person whose license has been suspended, proceed forthwith to a hearing
to ascertain the facts, after due notice to such licensee.
A.
Any license issued under this chapter may be revoked
by the Health Division or the Health Officer after notice for hearing to the
licensee upon proof of the violation of any applicable state law or of any
regulations or ordinances or of any provisions of this chapter or rules and
regulations adopted thereunder.
Any person who violates any provision of this chapter shall, upon conviction
thereof, be punished by a fine not exceeding one hundred dollars ($100.) or
by imprisonment for a term not exceeding ninety (90) days, or both. A separate
offense shall be deemed committed on each day during or on which a violation
occurs or continues.
