A. 
It shall be unlawful for any person, whether as principal or agent, clerk or employee either for himself or any other person, or for any other corporation or otherwise to:
1. 
Engage in the operation of one or more machines or self-service devices which upon insertion of a coin, coins, paper currency, token, card or key, dispenses unit services of food or beverages, either in bulk or package, without the necessity of replenishing the devices between each vending operation, without first having applied to and procured a license from the Board of Health of this Borough to do so, or without complying with any and all of the applicable provisions of the most current revision of Chapter XII of the N.J. State Sanitary Code as enforced by said Board of Health; or
2. 
Maintain or permit to be maintained on or in any location in this Borough one or more machines or self-service devices which, upon insertion of a coin, coins, paper currency, token, card or key, dispenses unit servings of food or beverages either in bulk or package, without the necessity of replenishing the devices between each vending operation, without first having applied to and procured a permit for each such machine or device from the Board of Health of this Borough or without complying with any and all applicable provisions of the most current revision of Chapter XII of the N.J. State Sanitary Code as enforced by said Board of Health.
B. 
The fees for licenses and permits as required by Subsection A above, for the purpose of raising revenue for regulation and control to be paid annually to this Borough are hereby fixed as follows:
1. 
License fee $10 per year.
2. 
Permit fees:
A) 
$10 per unit per year for vending machines dispensing potentially hazardous foods or which provide an increased potential for food contamination.
B) 
$5 per unit per year for limited service vending machines as defined in N.J.S.A. 8:34-11.1.
All licenses and permits issued under the authority of this ordinance shall expire on the 30th day of June of each year. License and permit fees herein shall be paid to the Manville Board of Health.
A. 
Proprietors of sidewalk cafes, or any operator or agent thereof, shall comply with the following general rules and regulations:
1. 
The cafe cannot extend past the side property line or interfere with access to the entrance.
2. 
A minimum of five feet from the curbline of street or parking lot must remain open to maintain pedestrian access.
3. 
Any cafe canopies must be connected to the building, not the pavement.
4. 
Platforms are prohibited.
5. 
A barricade will be provided to separate the cafe from the sidewalk. This barricade should be temporary and should not require connection to either the building or the sidewalk. Suggestions are planters, railings, or ropes and posts.
6. 
It is not desirable to locate a cafe over manhole covers, sewer vents, sidewalk elevators, etc.
7. 
All cafe materials must be removed from the public right-of-way at closing each day, including but not limited to clean-up of all pavement areas, sweeping up of spilled food or litter, etc.
8. 
Menu boards may be the only additional sign, and subject to the Architectural Review Board approval. This must be included in the plan.
9. 
Alcohol is prohibited at sidewalk cafes in the public right-of-way.
10. 
All cafes must be operated in accord with all applicable Borough Noise Ordinance and Health Ordinances.
B. 
Proprietors of sidewalk cafes, or any operator or agent thereof, shall comply with the following procedures: Prepare a sketch showing what the floor plan of the outdoor cafe will look like. Include dimensions or draw the sketch to scale. Include the following information:
1. 
Location and size of restaurant building.
2. 
Location and dimensions of sidewalk between the restaurant and the street (include the entire frontage of the property).
3. 
Number and location of tables, walls, planters, or barricades.
4. 
Location of any bus stops, transit stations, utility poles, litter containers, fire hydrants, public telephones, or street furniture, etc., permanently placed on the sidewalk in front of the property.
5. 
Location of any utility connections such as water shut off, gas shut off, sewer vents, sidewalk vault coves, or elevators.
6. 
If the design of the cafe is to include a railing, include a drawing showing the side view of the railing and the tables (may include catalogue photos of detailed drawings).
7. 
Colors and materials should be noted in detail.
8. 
Identify the maximum number of people who will be seated at the outdoor cafe and the hours of operation (seating maximums will be established by Code Enforcement according to BOCA Code requirements).
9. 
Proof of insurance coverage to allow outdoor dining must accompany submission and be re-submitted annually.
Take eight copies of your plan and property survey to:
Borough Hall
ATTN: Borough Engineer
101 South Main Street
Manville, NJ 08835
C. 
The plans will be reviewed by the Borough Engineer of the Borough of Manville. Following approval by the Borough Engineer, the Zoning office can issue a sidewalk cafe permit. The cost of the permit is a one-time $50 fee. The decision of the Borough Engineer may be appealed to the Outdoor Cafe Committee in writing within seven days of the Borough Engineer's decision.
D. 
Any permit issue will expire on June 15 of the next succeeding year, or at such time as change shall be made in the plan.
A. 
Definitions.
BAR
Shall mean any place licensed by the State of New Jersey to primarily sell retail beer, wine, mixed spirit drinks and spirits for consumption on the premises.
HEALTH DEPARTMENT
Shall mean the Manville Health Department and may be referred to herein this section as the "department."
HEALTH OFFICER
Shall mean the Administrative Officer of the Manville Health Department, and/or his or her authorized representatives.
PERSON
Shall mean an individual, partnership, cooperative, association, corporation, personal representative, receiver, trustee, assignee, or other legal entity.
TAVERN
Shall mean any place licensed by the State of New Jersey to primarily sell at retail, beer, wine, mixed spirit drinks and spirits for consumption on the premises.
TOBACCO
Shall mean any product made from the tobacco plant for the purpose of smoking, chewing, inhaling and other personal use including cigars, chewing tobacco, pipe tobacco, snuff and cigarettes in any form.
TOBACCO RETAILER
Shall mean any person or entity that operates a store, stand, booth, concession, or place at which sales of tobacco are made to purchasers for consumption or use. Shall also mean a person or entity that owns, operates or uses a vending machine location.
VENDING MACHINE
Shall mean any automated, self-service device which, upon insertion of money, tokens or any other form of payment, dispenses cigarette or other tobacco products.
VENDING MACHINE LOCATION
Shall mean the room, enclosure, space or area where a tobacco vending machine is installed and operated.
B. 
It shall be unlawful to sell or distribute tobacco to a person under 18 years of age.
C. 
The following six-inch by eight-inch sign shall be posted in a conspicuous place near each cash register in all retail establishments which sell tobacco products: SALE OF TOBACCO PRODUCTS TO MINORS UNDER THE AGE OF 18 PROHIBITED BY LAW. Legal proof of age must be shown. A person who sells or offers to sell a tobacco product to a person under 18 years of age may be prosecuted in accordance with state and local ordinances.
D. 
It shall be unlawful for a tobacco retailer to sell or permit to be sold tobacco to any individual without requesting and examining identification from the purchaser positively establishing the purchaser's age as 18 years or greater, unless the seller has some other conclusive basis for determining the buyer is over the age of 18 years.
E. 
It shall be unlawful to offer for sale or sell tobacco through a tobacco vending machine in the Borough of Manville. Self-service cigarette displays are prohibited in all retail establishments.
F. 
All tobacco vending machines and self-service cigarette displays made unlawful by the terms of this section shall be removed within 30 days from the effective date of this section.
G. 
Enforcement.
1. 
Whenever the Health Officer, or his/her designee, reasonably believes there exists a violation of this section, he/she may issue a summons and complaint not later than 90 days after discovery of the alleged violation. The complaint shall be written and shall state with reasonable particularity the nature of the violation, including reference to the article and section of this ordinance alleged to have been violated. The complaint shall be delivered or sent by certified mail to the alleged violator.
2. 
The Health Officer, or his designee, or any other person charged with enforcement of this setion, after giving proper identification, may inspect any matter, thing, premise, place, person, record, vehicle, incident, or event as necessary.
3. 
It shall be unlawful for any person to molest, willfully oppose, verbally abuse or otherwise obstruct the Health Officer, or his/her designee, who may request the assistance of the Manville Borough Police Department, or other police agency or peace officer when necessary to execute his or her official duty in a manner prescribed by law.
4. 
Citizens may bring complaints against violators of this section.
H. 
Penalties.
1. 
Unless otherwise provided by law, statute or ordinance, any person violating any of the provisions of this section shall, upon conviction thereof, pay a penalty of not less than $100 nor more than $500 for each offense. Complaint shall be made in the municipal courts of the Borough of Manville before such other judicial officer having authority under the laws of the State of New Jersey.
2. 
Each sale of tobacco to a minor shall constitute a separate violation.
3. 
The Board of Health may suspend the retail food establishment license of any person convicted of violation of this section, for period of not more than three days, pursuant to the authority of the Board of Health to license and regulate food establishments as provided by N.J.S.A. 26:3-31(c).
A. 
No person shall conduct a retail food establishment (as defined in and government by the New Jersey State Sanitary Code, Sanitation in Retail Food Establishments and Food and Beverage Vending Machines, N.J.A.C. 8:24) in the Borough of Manville, County of Somerset, State of New Jersey, without first having procured a license from the Board of Health of the Borough of Manville.
B. 
No license shall be issued or renewed without strict compliance with the provisions concerning the operation and maintenance of a retail food establishment as contained in the New Jersey Sanitation Code, Sanitation in Retail Food Establishments and Food and Beverage Vending Machines, N.J.A.C. 8:24-1.1 et seq.
C. 
Prior to the issuance of an initial license, a retail food establishment shall pass a preopening inspection by the Health Officer or other designated agent of the Board of Health of the Borough of Manville.
D. 
When retail food inspections are coChapternducted, the following grading system shall apply:
1. 
"A" shall mean that the retail food establishment is found to be operating in substantial compliance with all local and state codes and regulations.
2. 
"B" shall mean that the retail food establishment is found to be operating in acceptable compliance with all state codes and regulations.
3. 
"C" shall mean receiving a conditionally satisfactory inspection, with three or more critical violations requiring correction and inspection. If a retail food establishment receives a grade of "C" (Conditionally Satisfactory), upon subsequent correction of violations and re-inspection, the establishment can receive a grade of no higher than "B" (Satisfactory) until the next routine inspection.
4. 
An unsatisfactory rating shall mean that the retail food establishment is operating with one or more violations that constitute gross unsanitary or public health hazards.
5. 
The assignment of grades shall be determined by a 100-point system in which violations are assigned a point value which is deducted from the starting value of 100 points. Violation points are weighed based on whether they are critical items, noncritical items or public hazards. The grades are as follows:
Satisfactory - A
90-100
Satisfactory - B
86-89
Conditional Satisfactory - C
61-85
Unsatisfactory
<61 or Uncorrected Public Health Hazard
E. 
Inspections shall be performed annually except that reinspections shall be performed when a retail food establishments receives a grade of less than "B" Satisfactory.
F. 
A retail food establishment may be inspected more than once annually if the Health Officer or other designated agent of the Board of Health deems it appropriate.
G. 
A retail food inspection evaluation placard shall be posted immediately in a conspicuous place near the public entrance of the establishment in such a manner that the public may view the placard.
H. 
Any license issued under the terms and provisions of this chapter may be suspended or revoked by the Board of Health of the Borough of Manville for the violation by the licensee of any provisions of this chapter or the New Jersey State Sanitary Code, Sanitation in Retail Food Establishments and Food and Beverage Vending Machines, 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 conducted in a disorderly or improper manner, or in violation of any law of the United States, State of New Jersey, or any ordinance of the Borough of Manville, or that the person or persons conducting the retail food establishment is of an unfit character to conduct 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.