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HomeMy Public PortalAboutOrd. 05-31 No.05-31 @rùhmllC£ ú£ ±4£ ~úrú1t£4 ú£ C!Inr±£r£±1 ~ - JJ- Councilman Presents the fonowing Ordinance Seconded by Councilman AMENDING & SUPPLEMENTING CHAPTER 339 ENTITLED "VENDORS, FROZEN CONFECTION" OF THE CODE OF THE BOROUGH OF CARTERET BE IT ORDAINED by the Mayor and Borough Council of the Borough ofCarteret (the "Borough") as follows: Section 1 §339-l "License required; fee; expiration" is hereby amended and supplemented to include the following additional two (2) paragraphs: A. The number oflicenses shall be restricted to four (4) licenses which shall be awarded annually through a competitive public bidding process. There shall be one license awarded for each of four (4) 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 oflicenses issued and awarded by the Borough may be increase to eight (8). D. No person, persons, finns or corporations shall vend, distribute or dcliver 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. Section 2 All ordinances or parts thereof inconsistent with the provision of this ordinance are hereby repealed limited to the extent of any such inconsistency. Section 3 If any section, paragraph, sub-division, clause or provision of this ordinance is adjudged invalid, such adjudication shall apply only to the section, paragraph, sub-division, clause or provision so adjudged and the remainder of this ordinance shall be deemed valid and effective. Section 4 This ordinance shall take effect upon its passage and publication according to applicable law. DO NOT USE SPACE BELOW THIS LINE RECORD OF COUNCIL VOTE COUNCILMAN YES NO NY A.B. COUNCILMAN YES NO NV A.B. BELLINO X X DIAZ X RIOS X KRUM X SITARZ X x - Indicate Yme AB . Absent NY ~ Not Voting XOR - Indicates Voteto Overru1e VeW c Adopted on first reading of the Council of the Borough ofCarteret. N.J., on ne 16, 2005 May 19. 2005 ON Affidavit of Publication Publisher's Fee $52.80 Affidavit Charge $20.00 State of New Jersey} 55. MIDDLESEX COUNTY personally appeared MARIAN BUTLER of the Home News Tribune, a newspaper printed In Freehold, NJ and published In NEPTUNE, In said County and State, and of general circulation In said county, who being duly sworn, deposeth and salth that the advertisement of which the annexed Is a true copy, has been published In the said newspaper 1 lONE) times, once In each Issue, as follows 5/24/05. AD,2DD5 ~r~ Sworn and subscribed before me this 24th day of May, A.D., 2005 Not ry Public of New Jersey BOROUGH OF CARTERET ORDINANCE #05-31 AMENDING & SUPPLEMENTING CHAPTER 339 ENTITLED "VENDORS, FROZEN CONFECTION" OF THE CODE OF THE BOROUGH OF CARTERET BE IT ORDAINED by the Mayor and Borough Coun- cil of the Borough of Carteret (the "Borough") as follows: Section 1 §339-1 "License required; fee: expira- tion" is hereby amended and SUP;flemented to inÅ.!f~: ~~~fg~~~f~i~~~~~~n:~~ììob~ ~~~~iS:f1; four (4) licenses which shall be awarded annually ;~~7IU~~ ~~~'ìi~:~i~~"~~~~~~dbifo~inega~hO~1sfuJrhe4) mobile zones, as designated by the Borough. T~e 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 increase to eight (8). D. No person, persons. firms or corporations shaH vend, distribute or deliver or have in his or its ~~sJ~J1:er1~:~ithi~s~h~ ~~ir:':,1itfi'é g~:~i~~~i~, Carteret, or outside the zone for which the license was granted, any ice cream, frozen water or cream confection without first obtain- ing a license to do so as provided for herein. Seetion 2 AH ordinances or parts thereof inconsistent with the provision of this ordinance are hereby repealed limited to the extent of any such inconsistency. Section 3 If any section, paragraph, sub-divi- sion, clause or provision of this ordinance is ad- judged invalid, such adjudication shall apply only to the section, paragraph, sub-division, clause or pro~ ~i:~~~ ~ha~ft,ued~~~r::~~ ~~~dn~~3i~~:~ti:ethiS ordi- Section 4 This ordinance shall take effect upon its passage and publication according to appli- cable law. The foregoing ordinance was introduced at a meet- ing of the Council of the Borough of Carteret held May 19, 2005 when it was adopted on First Read- ing The said ordinance will be further considered ~f s~f~7::n~u~c¡Î~irfh~oB~i;Oa~ghd~~~~~t::e~ ~ne5~g~ 16. 2005 at approximately 7:00 P.M., Municipal Court/Police Facility,2 30 Roosevelt Avenue, Car- teret, New JerseJ at which time and place all ~:r~~~~d~ntereste will be given an opportunity to KATHLEEN M. BARNEY Certified Municipal Clerk ($52.80) 21084