ARTICLE I — Licensing of Establishments
[Adopted 10-2-1969]
§ 210-1. License necessary. [Amended 11-2-1972]
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 State Sanitary Code, Construction, Operation
and Maintenance of Retail Food Establishments, 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 Chapter XII of the
State Sanitary Code.
§ 210-2. Fees; penalties. [Amended 11-16-1983; 4-6-1989; 12-8-1994; 10-1-1998; 10-7-2004; 10-13-2016]
A. The fees for the licensing of retail food establishments are hereby fixed as stated in the Fee Schedule tab
B. Penalties. There shall be charged a penalty for license fees received after the 10th day
following the expiration dates as stipulated in this § 210-2. Nothing herein shall be construed
to extend the time in which fees are payable.
(1) License fees of $100 or less shall be assessed a penalty of $50 for a period not to exceed
30 days after the license expiration date. Penalties shall be assessed at an additional $50
for each thirty-day period, or portion thereof, after the initial penalty period.
(2) License fees of $101 or more shall be assessed a penalty of $100 for a period not to
exceed 30 days after the license expiration date. Penalties shall be assessed at an
additional $100 for each thirty-day period, or portion thereof, after the initial penalty
period.
(3) All penalty fees shall be paid inclusive with the initial license fee.
§ 210-3. Suspension or revocation of license. [Amended 11-2-1972]
Any license issued under the terms and provisions of this article may be suspended or revoked by
the Board of Health of this municipality for the violation of the licensee of any provision of this
article or Chapter XII of the 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 are 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.
§ 210-4. Hearing necessary before suspension or revocation; written notice. [Amended 11-2-1972]
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 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.
§ 210-5. New licenses. [Amended 11-2-1972]
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.
§ 210-6. Application of provisions.
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.
§ 210-7. Violations and penalties.
Any person, firm or corporation who shall violate any of the provisions of this article shall, upon
conviction, be punished by a fine not to exceed $200 or by imprisonment in the county jail for a
period 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.