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AN ORDINANCE AMENDING AND SUPPLEMENTING TITLE XIII, FOODS, DRUGS AND COSMETICS, CHAPTER 4, MILK AND MILK PRODUCTS, SECTION 16, PERMIT TO MANUFACTURE, DISTRIBUTE OR SELL CERTAIN ICE CREAM AND ICES; EXCEPTIONS, OF THE REVISED GENERAL ORDINANCES OF THE CITY OF NEWARK, NEW JERSEY, 2000, TO PROHIBIT THE SALE OF DRINKS OR ICES CONTAINING ALCOHOLIC BEVERAGES ("PINA COLADA AMENDMENT").
DEFERRED 6F-a 070821
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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 (inclusive of trucks and/trailers), selling flavored ice water "spiked" with alcoholic beverages, which vehicles are commonly referred to as the "Pina Colada Trucks", which are often in violation of City Ordinances.
NOW, THEREFORE, BE IT ORDAINED BY THE MUNICIPAL COUNCIL OF THE CITY OF NEWARK, NEW JERSEY, THAT:
[Deletions are indicated by strikethrough, additions are indicated by bold and underlined.]
SECTION 1. Section 13:4-16, of the Revised General Ordinance of the City of Newark, New Jersey, 2000, as amended and supplemented, is hereby amended 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 therefor 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 (fla...
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