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C. If any such license shall have been revoked, neither the holder thereof nor any person acting for him, directly or indirectly, shall be entitled to another license to carry on the same business within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.