[Adopted 7-7-1969 as Ord.
No. 302]
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), established by ordinance of the local
Board of Health dated October 19, 1967,[1] 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).
Any license issued may be suspended or revoked by the Board of Health
of this municipality for the violation by the licensee of any provision of
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 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 that the 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 article 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 Postal Service 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 township unless the
application for such license shall be approved by the Board of Health.
No provision of this article shall be applied so as to impose any unlawful
burden on either interstate commerce or any activity of the state or federal
government.
[Amended 5-5-1986 by Ord.
No. 519]
Any person, firm or corporation who shall violate any of the provisions
of this article shall, upon conviction, be punished by a fine of not less
than $25 nor more than $500 or by imprisonment in the county jail for a period
of not to exceed 90 days, or by both such fine and imprisonment, and each
violation of any of the provisions of this article and each day the same is
violated shall be deemed and taken to be a separate and distinct offense.
