[Adopted 10-10-2012 by Ord. No. 11-2012[1]]
[1]
Editor's Note: This ordinance also repealed former Art. I, Food Establishments, adopted 7-14-1931 by Ord. No. 238, as amended.
A. 
License required. It shall be unlawful for any person or body corporate to conduct any commercial, retail or mercantile establishment without first having procured a license from the Clerk of the municipality or from such other municipal official as is designated by the Clerk.
B. 
Prior to the issuance of any license under this article, the applicant shall be required to pay an annual license fee as provided in Chapter 168, Article II, to cover costs incurred by the Borough in the issuance of the license and any inspections incidental thereto. No fee shall be charged to a nonprofit organization which shall make an application for a license under this article, provided that an appropriate person or officer of the organization shall file with the Municipal Clerk a statement, signed under oath, indicating that the organization applying for said license is, in fact, a duly qualified nonprofit organization under the laws of the State of New Jersey.
C. 
Interstate commerce not affected. No provision of this article shall be applied so as to impose any unlawful burden on either interstate commerce or any activity of the Borough, County of Monmouth, State of New Jersey, or the federal government.
D. 
No mercantile license will be issued to any retail food establishment as defined in and governed by N.J.A.C. 8:24-1.1 et seq. (Sanitation in Retail Food Establishments and Food and Beverage Vending Machines) without first having procured a license from the local Board of Health or without complying with any or all of the provisions concerning operation and maintenance of the same as contained in the aforementioned N.J.A.C. 8:24-1.1 et seq. (Sanitation in Retail Food Establishments and Food and Beverage Vending Machines).
E. 
Exemptions:
(1) 
Home-based businesses or professions as outlined in Chapter 150, Article VI, § 150-45; and
(2) 
Any person or body corporate that is a tenant of the Atlantic Highlands Harbor Commission.