[HISTORY: Adopted by the Board of Health of the Borough of Carteret 6-9-1978 as Art. X of the 1978 Revised Ordinances. Section 339-8 amended at time of adoption of Code; see Ch. 277, General Provisions, Board of Health, Art. I. Other amendments noted where applicable.]
GENERAL REFERENCES
Fees, licenses and permits — See Ch. 294.
Food and beverage vending machines — See Ch. 297.
A. 
No person, persons, firms or corporations shall vend, distribute or deliver or have in his or its custody or possession for vending, distributing or delivering within the limits of the Borough of Carteret any ice cream, frozen water or cream confection without first obtaining a license to do so from the Board of Health.
B. 
This license shall be issued upon payment of $25 and shall expire on December 31st of each year.
C. 
The number of licenses shall be restricted to four licenses which shall be awarded annually through a competitive public bidding process. There shall be one license awarded for each of four mobile zones, as designated by the Borough. The Borough reserves the right to issue a separate license for the sale of any frozen water product, as opposed to any ice cream or cream confection product, within each mobile zone, in which case, the number of licenses issued and awarded by the Borough may be increased to eight.
[Added 6-16-2005 by Ord. No. 05-31]
D. 
No person, persons, firms or corporations shall vend, distribute or deliver or have in his or its custody or possession for vending, distributing or delivering within the limits of the Borough of Carteret, or outside of the zone for which the license was granted, any ice cream, frozen water or cream confection without first obtaining a license to do so as provided for herein.
[Added 6-16-2005 by Ord. No. 05-31]
Each applicant for a license shall make a written application setting forth the following information:
A. 
The name of the applicant.
B. 
The address of the applicant.
C. 
The place or places of residence of the applicant for the preceding three years.
D. 
The name of the person, firm or corporation supplying the merchandise or wares to the licensee.
E. 
The approximate number of trucks to operate under the permit and/or agents or employees to operate thereunder.
Each licensee under this chapter or his agents or servants shall have his wares marked with the name of the manufacturer or producer of said ice cream, frozen water or cream confection, and the same shall clearly designate that it has been produced under the laws of the State of New Jersey.
This chapter shall be construed in accordance with the statutes of the State of New Jersey and the rules and regulations of the Department of Health of the State of New Jersey and any ordinances, rules or regulations of the Board of Health of the Borough of Carteret now in effect or that may hereafter be enacted.
Every licensee shall be subject to reasonable inspection and regulations by the proper agents or employees of the Board of Health at all times.
A license granted in pursuance of this chapter shall not be transferable from the person to whom it is issued without a new application for such transfer being made to the Carteret Board of Health.
This chapter shall not be construed to affect sales by retail stores in the usual course of business and is not intended to suspend, repeal or revoke any ordinances now in effect concerning sales at retail.
Any person, persons, firms or corporations violating any provisions of this chapter shall, upon conviction before a recorder of the Borough of Carteret, New Jersey, at the discretion of the Magistrate, be subject to a fine not exceeding $500.
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 277, General Provisions, Board of Health, Art. I.