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AN ORDINANCE AMENDING TITLE 13, FOODS, DRUGS AND COSMETICS, CHAPTER 4, MILK AND MILK PRODUCTS, SUBSECTION 16, PERMIT TO MANUFACTURE, DISTRIBUTE OR SELL CERTAIN ICE CREAM AND ICES; EXCEPTIONS, TO PROHIBIT THE SALE OF DRINKS OR ICES CONTAINING ALCOHOLIC BEVERAGES OF THE REVISED GENERAL ORDINANCES OF THE CITY OF NEWARK, NEW JERSEY, 2000, ("PINA COLADA AMENDMENT").
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WHEREAS, Section 13:4-16, Permit to Manufacture, Distribute or Sell certain Ice Cream and Ices, prohibits the manufacture, distribution or sale of any water ices (flavored) in the City of Newark, without a permit which must be obtained from the Health Officer; and
WHEREAS, there has been a proliferation of street vendors, operating from carts or motor vehicles, selling flavored ice water "spiked" with alcoholic beverages, which vehicles are commonly referred to as the "Pina Colada Trucks".
NOW, THEREFORE, BE IT ORDAINED BY THE MUNICIPAL COUNCIL OF THE CITY OF NEWARK, NEW JERSEY, THAT:
Note: Additions are shown as bold and underlined.
Section 1. Section 13:4-16, of the Revised General Ordinances of the City of Newark, New Jersey, 2000, as amended and supplemented, is hereby amended to include a new subsection (c), which provides as follows:
13:4-16. PERMIT TO MANUFACTURE, DISTRIBUTE OR SELL CERTAIN ICE CREAM AND ICES; EXCEPTIONS.
a. No person shall manufacture, distribute or sell any ice cream, frozen product resembling ice cream or water ices (flavored) in the City without a permit therefore having first been obtained from the Health Officer, nor unless such business be conducted in compliance with the regulations governing the issuance of such permits adopted by the Department of Health and Community Wellness of the City; provided, however, that a permit shall not be required for the sale of ice cream, frozen products resembling ice cream or water ices (flavored) in restaurants, drug stores, confectionary and grocery stores.
b. This section shall not be construed to dispense with any specific requirement in these Revised General Ordinances for a license or permit to engage in the sale or distribution of any of the products referred to in this section.
c. "Pina Colada" Amendment.
(i). No person shall distribute or sell any ice cream, frozen product resembling ice cream or water ices (flavored) containing any alcoholic beverage in the City of Newark.
(ii) Any person who violates the provisions of Section 13:4-16 ( c) shall, upon conviction thereof, be punished by a fine of $500.00 for the first offense. For a second or subsequent offense the fine shall be $1,000.00.
(iii) The prohibition contained herein, shall not apply to any holder of a license issued pursuant to Title IV, Alcoholic Beverages, of the Revised General Ordinances of the City of Newark, New Jersey, 2000, and operating pursuant to law.
Section 2. If any provision of this ordinance is held to be unenforceable by a court of competent jurisdiction, the remainder shall remain in full force and effect.
Section 3. This Ordinance shall take effect upon final passage and publication in accordance with the laws of the State of New Jersey.
STATEMENT
This ordinance amendment, commonly referred to as the "Pina Colada" amendment, amends Title 13, Foods, Drugs and Cosmetics Chapter 4, Milk and Milk Products, of the Revised General Ordinances of the City of Newark, New Jersey, 2000, to prohibit the sale of water ices containing alcoholic beverages and provides for enhanced penalties for violations.