[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.]
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.
