Chapter 69. Retail Food Establishments
Chapter 69 RETAIL FOOD ESTABLISHMENTS: LICENSING
§ 69-1. License required from Board of Health.
§ 69-2. Fees.
§ 69-3. Revocation; hearing to be held.
§ 69-4. Ordinance application.
§ 69-5. Penalties for violation.
§ 69-6. Validity.
§ 69-7. Repeal of inconsistent ordinances.
§ 69-8. When effective.
[HISTORY: Adopted by the Township Council of the Township of Gloucester 2-4-70 as Ord. No. 385. Amendments noted where applicable.]
General References
Alcoholic Beverages - See Ch. 26.
Other Board of Health Ordinances - See Part III.
Be it ordained by the Township Council of the Township of Gloucester, in the County of Camden and State of New Jersey, as follows:
§ 69-1. License required from Board of Health.
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) without first having procured a license from the Board of Health of the Township of Gloucester 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).
§ 69-2. Fees.
The fees for licensure of retail food establishments are hereby fixed as follows:
A. Retail food establishment, permanent locale, with a seating capacity of up to one hundred (100) persons: twenty-five dollars ($25.).
B. Retail food establishment, permanent locale, with a seating capacity of one hundred (100) or more persons: one hundred dollars ($100.).
C. Temporary retail food establishment: ten dollars ($10.).
D. No fee shall be due or payable for a temporary retail food establishment that is a charitable institution.
§ 69-3. Revocation; hearing to be held.
A. Any license issued under the terms and provisions of this ordinance may be suspended or revoked by the Board of Health of this municipality for the violation by the licensee of any provision of this ordinance or 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 is being used for a purpose foreign to that for which the license was issued.
B. A license issued under the terms and provisions of this ordinance 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 (3) 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 give 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 my 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.
C. 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 of Gloucester unless the application for such license shall be approved by the Board of Health.
§ 69-4. Ordinance application.
No provision of this ordinance shall be applied so as to impose any unlawful burden on either interstate commerce or any activity of the state or federal government.
§ 69-5. Penalties for violation.
Any person, firm or corporation who shall violate any of provisions of this ordinance shall, upon conviction thereof in a court of competent jurisdiction, be subject to the imposition of a fine not to exceed five hundred dollars ($500.) or by imprisonment in a county jail for a period of not to exceed six (6) months, or by such fine and imprisonment, and each violation of any of the provisions of this ordinance, and each day the same is violated, shall be deemed and taken to be a separate and distinct offense.
§ 69-6. Validity.
The provisions of this ordinance are declared to be severable, and if any section, subsection, sentence, clause or phrase hereof shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, subsections, sentences, clauses and phrases of this ordinance, but they shall remain in effect, it being the legislative intent that this ordinance shall stand notwithstanding the invalidity of any part.
§ 69-7. Repeal of inconsistent ordinances.
All ordinances or parts of ordinances in conflict or inconsistent with this ordinance are hereby repealed, but only, however, to the extent of such conflict or inconsistency, it being the legislative intent that all other ordinances or parts of ordinances now existing and in effect, unless the same be in conflict or inconsistent with any of the provisions of this ordinance, shall remain in full force and effect.
§ 69-8. When effective.
This ordinance shall take effect upon publication and passage in accordance with law.