§ 133-3. Revocation of License; Hearing; Subsequent Licensing.
A. Any license issued under the terms and provisions of this chapter may be
suspended or revoked by the Borough Department of Health for the violation by
the licensee of any provision of this chapter or of N.J.A.C. 8:24, 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 being 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 chapter shall not be
revoked, canceled or suspended until a hearing thereon shall have been held by
the Borough Department 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 given either by personal delivery thereof to the person to be
notified or by depositing the same 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
Borough Department of Health the person aggrieved shall have an opportunity to
answer and may thereafter be heard, and upon due consideration and
deliberation, the complaint may be dismissed, or if the Borough Department of
Health concludes that the charges have been sustained and substantiated, the
license held by the licensee may be revoked, canceled or suspended.
C. If any such license shall have been revoked, neither the holder thereof nor any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 Borough of Somerville unless the
application for such license shall be approved by the Borough Department of
Health.
§ 133-4. Non-applicability.
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.
§ 133-5. Violations and Penalties.
Any person, firm or corporation who shall violate any of the provisions of this chapter
shall, upon conviction, be punished by a fine of not to exceed two thousand dollars
($2,000) or by imprisonment for a period of not to exceed 90 days, or by both such fine
and imprisonment, pursuant to N.J.S.A. 40:49-5; and each day a violation continues
shall constitute a separate and distinct offense.