The purposes of this chapter are to properly control mobile
food vendors to prevent and discourage undesirable business practices;
to help protect the public from fraud; and to promote the health,
safety, and welfare of the residents of the City of Garfield.
As used in this chapter, the following terms shall have the
meanings indicated:
FOOD VENDING VEHICLE
Includes all vehicles and carts from which food, foodstuffs,
and/or beverages are offered for retail sale or delivery to buyers,
consumers or other persons on the public sidewalks, streets, and highways.
MOBILE FOOD VENDOR
For purposes of this article, a "mobile food vendor" is anyone
who sells nonprepackaged and prepackaged food or beverages and prepackaged
food or beverages from a nonpermanent location to the public-at-large,
whether such food or beverages are prepared on site or purchased at
approved locations and transported to the site of the sale This includes,
but is not limited to, anyone who sells such food or beverages from
a vehicle, whether motorized or nonmotorized, such as a truck, van,
trailer, or pushcart.
MOBILE RETAIL FOOD ESTABLISHMENTS
Any movable restaurant mobile truck, van, trailer, cart,
bicycle or other movable unit, including hand carried portable containers
in or on which food or beverage is transported, stored or prepared
for retail sale or given away at temporary locations. "Mobile retail
food establishments" does not include trucks, vans, trailers, carts,
bicycles or other movable units used solely to deliver food from a
stationary location and vehicles that are in a fixed position and
subject to the restaurant ordinance.
MOTOR VEHICLE
As defined under New Jersey Motor Vehicle Laws, any vehicle
propelled or drawn by mechanical or electrical equipment, such as,
but not limited to, passenger cars, trucks, truck-trailers, semitrailers,
campers, motorcycles, minibikes, go-carts, snowmobiles, amphibious
craft on land, dune buggies or racing vehicles.
PERSON
An individual, partnership, corporation, trust, joint venture,
association, society, church, congregation or other organization.
SALE
The act of selling, holding out for sale, exchange, transfer,
advertising or delivery.
Applications shall be made to, and licenses issued by the City
Manager of the City of Garfield or his/her designee shall be made
after investigation by the City of Garfield Police Department and
any other enforcement agency designated by the City Manager.
A. Applicants and any additional drivers shall be fingerprinted at their
own expense.
B. Applicants shall supply their social security number and a certified
motor vehicle abstract.
C. Applicant shall provide a certified certificate of disposition for
any criminal or quasicriminal matters that an applicant may have.
D. Each applicant shall present proof that he or she is a citizen of
the United States or a legal resident eligible to hold gainful employment
in the United States.
E. Both the applicant and any additional driver/operator must have a
valid food handler/food manager certificate prior to the issuance
of a license pursuant to this chapter.
F. A description of the vehicle to be used, if a motor vehicle or vehicular
trailer is to be used, including:
(1) The name and address of the owner of the vehicle as registered with
the Director of the Division of Motor Vehicles;
(2) A description of the vehicle, giving the name of the manufacturer,
serial number and any other insignia appearing thereon;
(3) Proof of liability insurance for the vehicle in the amount of $100,000
or greater.
Every licensee shall be subject to the supervision of the City
of Garfield and its designated agencies in all provisions of this
chapter, as well as the
A. No licensee shall:
(1) Engage in a business outside the following hours:
(a)
Fridays from 5:00 p.m. to 8:00 p.m.
(b)
Saturdays and Sundays from 12:00 p.m. until 30 minutes after
sunset.
(c)
All federal holidays from 12:00 p.m. until 30 minutes after
sunset.
(2) Conduct business outside the areas of the City of Garfield that are
specifically designated by the City Manager.
B. The granting of this license by the City of Garfield does not relieve
a licensee from obtaining a requisite certificate of occupancy where
the City of Garfield Zoning Officer and Construction Code Official
determine that the same is necessary.
C. Al mobile food trucks shall be properly labeled with required commercial
lettering.
Every licensee shall be subject to the supervision of the City
of Garfield and its designated agencies in all provisions of this
chapter, as well as the rules and regulations promulgated hereby,
and all orders and regulations promulgated by the City shall be enforced
by such person or persons as the City, by resolution or ordinance,
may designate from time to time or who, by New Jersey statute, may
have the duty to so regulate.
In addition to requirements herein set forth, the following
regulations must be complied with by all mobile food vendors:
A. Due to the nature, location and variety of conditions surrounding
the operation of such establishments, it is frequently not possible
to provide certain physical facilities required for permanent establishments.
In order to assure adequate protection of food served by temporary
establishments, mobile establishments and agricultural markets which
are unable to meet fully the requirements of these regulations, it
may be necessary to restrict the types of food sold or the methods
by which served, to modify some requirements for procedures and facilities
and to impose additional requirements.
B. The preparation of potentially hazardous foods, such as cream-filled
pastries, custards and similar products and meat, poultry and fish
in the form of salads or sandwiches, shall be prohibited, provided
that this prohibition shall not apply to hamburgers, frankfurters
and other food which, prior to service, requires only limited preparation,
such as seasoning and cooking; and provided, however, that potentially
hazardous food which is obtained in individual servings is stored
in approved facilities which maintain such food at safe temperatures,
below 41° F and/or above 135° F, and is served directly in
the individual, original container in which it was packaged at an
approved food-processing establishment, may be distributed or sold.
C. Ice which will be consumed, or which will come into contact with
food shall be contained from a source, meeting standards approved
by law in chipped, crushed or cubed form. Such ice shall be obtained
in single service, closed, protected containers satisfactory to the
Department or health authority and shall be held therein until used.
D. Wet storage of packed food and beverages shall be prohibited, provided
that wet storage of pressurized containers of beverages may be permitted
when:
(1) The water contains at least 50 parts per million of available chlorine
or equivalent; and
(2) The iced water is changed frequently enough to keep both the water
and container clean.
E. Food contact surfaces of food preparation equipment such as grills,
stoves and worktables shall be protected from contamination by dust,
customers, insects or any other source. Where necessary, effective
shields shall be provided.
F. Equipment shall be installed in such a manner that the establishment
can be kept clean and food will not become contaminated.
G. An adequate supply of water for cleaning and handwashing shall be
maintained in the establishment, and auxiliary heating facilities,
capable of producing an ample supply of hot water for such purposes,
shall be provided.
H. Liquid waste which is not discharged into a sewerage system shall
be disposed of in such a manner as not to create a public health hazard
or nuisance condition.
I. Adequate facilities shall be provided for employee handwashing. Such
facilities may consist of a pan, sink, water, soap and individual
paper towels. Handwashing facilities shall be provided for employee
handwashing for mobile retail food service establishments where food
products are directly handled and fabricated, but need not be provided
for mobile units serving prepackaged foods, milk, cold sealed beverages
and tea, coffee, hot chocolate or other hot drinks at temperatures
about 140° F.
J. Floors shall be of tight sealed wood or other cleanable material,
provided that the Department or health authority may accept dirt or
gravel-covered floors, when graded to preclude the accumulation of
liquids and covered with removable, cleanable, wooden platforms or
duckboards.
K. Walls and ceilings shall be so constructed as to minimize the entrance
of flies and dust. Temporary construction may be accepted. Ceilings
may be of sealed wood, canvas or other materials which protect the
interior of the establishment from the elements, and walls may be
of such materials or of sixteen-mesh screening or equivalent. When
flies are prevalent, counter-service openings shall either be equipped
with self-closing, fly-tight doors or the opening shall be so limited
that the fans employed will effectively prevent the entrance of flies.
L. Any other requirement deemed necessary by the Department or health
authority to protect the public health in view of the particular nature
of the food service operation shall be met.
No license issued under this chapter shall be transferable from
one person to another.
The annual fee for the license for food vending vehicles dealing
only with prepackaged (or wrapped) foods, such as but not limited
to soft drinks, snacks, ice cream, excluding soft-serve and scooped,
etc., which are packaged (wrapped), manufactured or processed at an
approved licensed facility (outside of such establishments), shall
be increased annually by resolution, payable to the City of Garfield
before the issuance of a license. The City shall issue five licenses
per year for licensees authorized to transact business per this chapter.
The fee per license shall be $1,000 per year.
All products offered for sale must comply with regulations under
N.J.A.C. Title 8, Chapter 24.