[Added 12-7-2021 by Ord.
No. 6PSF-c(s)12-07-2021]
Shall mean any subordinate or any secondary license that
is bundled with a primary license.
Shall mean any establishment or location that bakes products
and/or has industrial ovens for baking products for sale either wholesale
or retail value.
Shall mean any establishment that prepares and serves meals
and food, which does not have seating for dining on its premises,
whose business only consists of sales to customers for consumption
outside its premises in conjunction with selling goods or merchandise
to the general public for personal or household consumption and rendering
services incidental to the sale of such goods.
Shall mean the Director of the Department of Finance and/or
her designee.
Shall mean a designation within the City of Newark for family
dining and entertainment bounded by the northern border shall begin
at the northerly side of Clay Street from the bank of the Passaic
River, west to Broad Street, south on the westerly side of Broad Street
to Lackawanna Avenue, west to Dr. Martin Luther King, Jr. Boulevard.
The western border shall run south along the westerly side of Dr.
Martin Luther King, Jr. Boulevard from Lackawanna Avenue to Spruce
Street. The southern border shall run east on the southerly side of
Spruce Street and continue on Lincoln Park across Broad Street to
the southerly side of Chestnut Street and continue to New Jersey Railroad
Avenue. The eastern border shall run northeast along the westerly
side of New Jersey Railroad Avenue to Market Street, northeast along
the westerly side of Raymond Plaza East to the bank of the Passaic
River, and continue north along the bank of the Passaic River to Clay
Street.
Shall mean a restaurant that prepares and serves meals and
food, which does not have seating for dining on its premises, whose
business only consists of sales to customers for consumption outside
its premises.
Shall mean and include the following products: milk, cream,
certified milk, skim milk, skimmed milk, non-fat milk, non-fat fortified
milk, fortified skim milk, fortified skimmed milk, flavored milk,
dairy drink, buttermilk, cultured buttermilk, cultured skim milk,
cultured milk, cultured sour cream, cultured salad cream, yogurt,
cultured or sour half-and-half, Vitamin D milk, Vitamin D fluid milk
products, homogenized milk, modified milk, ice cream mix, ice milk
mix and half-and-half.
Shall mean and include: ice cream, frozen custard, French
ice cream, French custard ice cream, sherbet, fruit sherbet, ice milk,
ice, water ice, quiescently frozen confection, bisque tortoni, artificially
sweetened ice cream, or artificially sweetened ice milk as defined
in the definitions and standards of identity adopted and promulgated
as rules and regulations by the State Department of Health.
Shall mean and include: ice cream, ice milk, sherbets, butter,
butter oil, the various types of cheeses, dried milk, dried skim milk,
and any other food for human consumption made from milk or cream or
both and designated as a milk product by the State Department of Health.
Shall mean any individual, firm, member of a firm, partnership
or member thereof, corporation or any officer, director or stockholder
of such corporation, unless otherwise specified.
Shall mean the "main license" the original license issued
based upon examination, including any subsequent renewals or reinstatements
of the license.
Shall mean any place serving the public, including gasoline
service stations, whose principal business or work performed on one
or more motor vehicles, motorcycles or parts thereof involves painting,
mechanical or body and fender repairs.
Shall mean any place, however designated, which prepares
and serves meals, food or non-alcoholic beverages to be sold to the
public for consumption on premises, normally to patrons seated within
an enclosed building. However, a snack bar at a public or community
playground, playfield, park, or swimming pool operated solely by the
agency or group operating the recreation facilities, and for the convenience
of patrons of the facility, shall not be deemed to be a restaurant.
A lunch wagon, coffee house, and lunchroom is also a restaurant.
Shall mean any establishment or location that sells merchandise
such as clothing, footwear, accessories, radios, laptops, phones etc.
Shall mean any establishment engaged in selling goods or
merchandise to the general public for personal or household consumption
and rendering services incidental to the sale of such goods.
Shall mean an establishment engaged in services, as opposed
to products, to the general public for personal or household use.
Shall mean and include any frozen milk products which includes
a combination of one or more of the ingredients used in the manufacture
of ice cream irrespective of the coined or trade name it may be sold
or offered for sale as, the process of which is similar to the process
for the manufacture of ice cream, and which contains added vitamins,
minerals or edible carbohydrates approved by the State Department
of Health.
Shall mean a restaurant, in accordance with Section 8:12-1 et seq., of the Code of the City of Newark, which prepares 75% or more of its individual purchases for consumption outside its premises.
Shall mean any establishment, indoor or outdoor, whose business
primarily or incidentally is the supply, repair, readjustment and/or
removal of motor vehicle tires for charge.
[Added 12-7-2021 by Ord.
No. 6PSF-c(s)12-07-2021]
Any person who owns, and who submits a primary business license
application to operate a convenience store, eatery, public garage,
restaurant, or retail establishment; and who intends to have ancillary
services that require a license from the City, shall be required to
file a Consolidated Business License application. Such Consolidated
Business License requires the business owner and/or person making
the application to pay the appropriate licensing fee for each service
to be rendered prior to being able to operate lawfully in the City
of Newark.
[Added 12-7-2021 by Ord.
No. 6PSF-c(s)12-07-2021]
a.
Applications for licenses under this chapter shall be filed with
the Division of Tax Abatements and Special Taxes on forms to be furnished
by the Director. The application shall include the following:
1.
Name of the applicant.
2.
Post office address of applicant.
3.
Whether or not the person making the application has ever been convicted
of a crime, violation of a State statute, violation of a City ordinance,
or has a disorderly persons offense involving gambling.
4.
In the case of a corporation it shall state the names and addresses
of the officers and all stockholders, presently holding stock, and
all who, for more than six months prior to making application, have
held stock or who have been officers.
5.
The proposed hours of operation.
6.
The proposed address of restaurant location.
7.
The proposed seating capacity of the restaurant.
8.
A valid Business Registration Certificate issued by the State of
New Jersey.
b.
Upon receipt of a completed application, the Division of Tax Abatements/Special
Taxes shall submit the application to the Division of Police for a
background check and submit a request for an inspection of the premises
to be licensed by the Department of Health and Community Wellness
and the Department of Public Safety, Fire Division.
c.
Upon receipt of a satisfactory background check, inspection reports
and an approval of the application by the Director and/or her designee,
the applicant shall be issued a license pursuant to this chapter.
If the application is denied, then the Director and/or her designee
shall issue a written statement to the applicant, explaining why the
application was not approved. The applicant may reapply for a license
according to the provisions of this chapter once the reasons for the
denial have been remedied.
d.
Any applicant approved for a license under this chapter shall be exempt from obtaining a separate and/or additional milk and milk products license pursuant to R.O. 13:4-1 et seq., an ice license, a license to engage in the business of food catering pursuant to R.O. 13:2-40 et seq., or any other license requiring the submission of the exact same forms and documents required by the application for a license pursuant to this chapter. A licensee who obtains a Consolidated Business License shall be subject to the fees pursuant to Section 8:36-5 of this chapter for any ancillary licenses that are required for the business to operate. However, restaurants engaged in the business of food catering will be required to pay an additional food catering fee pursuant to R.O. 8:12-6.
[Added 12-7-2021 by Ord.
No. 6PSF-c(s)12-07-2021]
All licenses and renewals thereof issued under this chapter
shall be valid for a period of two (2) years. Any ancillary or renewal
license subject to this chapter shall expire on the date the primary
license expires.
[Added 12-7-2021 by Ord. No. 6PSF-c(s), 12-07-2021]
The fee for licenses required by Section 8:36-2 shall be as follows:
|
Primary License
|
Ancillary License
|
Fee
|
|---|---|---|
|
Convenience Store
|
$700
| |
|
Milk
|
$20
| |
|
Ice
|
$20
| |
|
Cigars
|
$100
|
|
Primary License
|
Ancillary License
|
Fee
|
|---|---|---|
|
Eatery
|
$400
| |
|
Milk
|
$20
| |
|
Ice
|
$20
| |
|
Cigars
|
$100
|
|
Primary License
|
Ancillary License
|
Fee
|
|---|---|---|
|
Public Garage (Gas Station)
|
$400
| |
|
Mechanic Shop
|
$400
| |
|
Hub Caps
|
$200
| |
|
Tire Shop
|
$500
| |
|
Cigars
|
$100
| |
|
Body Shop
|
$200
| |
|
Milk
|
$20
| |
|
Ice
|
$20
|
|
Primary License
|
Ancillary License
|
Fee
|
|---|---|---|
|
Restaurant
| ||
|
1-50 Seats
|
$300
| |
|
25-50 Seats
|
$500
| |
|
Over 50 Seats
|
$800
| |
|
Downtown Entertainment District
|
$1,000
| |
|
Operation 24 Hours a Day
|
$3,000
| |
|
Bakery
|
$300
| |
|
Cigars
|
$100
| |
|
Dance hall
| ||
|
Up to 150 Sq. feet
|
$200
| |
|
151 Sq. feet to 250 Sq. feet
|
$300
| |
|
Over 250 Sq. feet
|
$1,200
| |
|
AAD
|
$150
| |
|
Arcade
|
$3,000
|
|
Primary License
|
Ancillary License
|
Fee
|
|---|---|---|
|
Retail
|
$500
| |
|
Ice
|
$20
| |
|
Milk
|
$20
| |
|
Cigars
|
$100
| |
|
Pet Shop
|
$20
|
[Added 12-7-2021 by Ord.
No. 6PSF-c(s) 12-07-2021]
Licenses issued under this chapter shall not be transferable.
[Added 12-7-2021 by Ord.
No. 6PSF-c(s) 12-07-2021]
a.
In addition to the penalty provided in Section 8:36-8, the Director shall have the power to suspend or revoke for cause any such license. Reasonable causes for suspension or revocation of a license issued according to the provisions of this chapter include but are not limited to the following:
1.
Licensee receives a notice of violation by a City Health Officer pursuant to Section 13:1-3 and fails to cure the violation within the period allotted to cure said violation;
2.
Licensee is convicted of a crime, or convicted of violating any State
statute, City ordinance, or a disorderly persons offense involving
gambling; or
3.
Licensee fails to renew the license according to the provisions of
this chapter within a reasonable period upon notification of renewal
from the Division of Tax Abatements and Special Taxes.
b.
If the Director and/or her designee determines that there is reasonable
cause to suspend or revoke any such license, a notice of suspension
or revocation shall be issued to the licensee or other responsible
person at the address provided on the application. The notice shall
require the licensee to appear before the Director and/or her designee,
at such time and place as she may designate, for a hearing, where
the burden is on the licensee to show why the license should not be
suspended or revoked. After the hearing, the Director and/or her designee
shall issue a written report (Final Determination Report) to the licensee
and all effected departments as to her findings and penalties, if
any. The applicant may challenge the suspension or revocation in the
Superior Court of New Jersey within the time period provided by the
New Jersey Court Rules.
If a summons is issued by the Department of Engineering, Division
of Code Enforcement or the Department of Public Safety, then the matter
shall proceed through the normal process in Newark Municipal Court.
c.
A written letter indicating the reason for the notice of suspension
or revocation shall be forwarded to the licensee, within ten (10)
business days of the date of the notice, prior to the suspension or
revocation of the license.
[Added 12-7-2021 by Ord.
No. 6PSF-c(s) 12-07-2021]
Except as otherwise provided by State Statute or some other
provision in this chapter, any person who violates any of the provisions
of this chapter shall, upon conviction thereof, be punished by a fine
of not more than $2,000.
