[Adopted 5-19-1952 as Ord. 499; see also chapter history]
As used in this Article, the following terms
shall have the meanings indicated:
A person who goes from place to place or from house to house
by traveling on the public streets by vehicle and carries with him,
whether with or without other products, ice cream, ice cream products,
water ices or frozen confectionary products of any kind or character
for the purpose of selling or offering to sell them to customers from
such vehicle.
It shall be unlawful to engage in the business
of peddling ice cream, ice cream products, water ices or frozen confectionary
products of any kind or character from vehicles in the City of Hackensack
without first obtaining a license therefor pursuant to the provisions
of this Article.
A.
Business license. Any person, firm or corporation desiring to engage in the business mentioned in § 90-18 hereof shall apply to the Health Department in writing, on forms supplied by the City of Hackensack for said purpose, in conformity with the provisions of Chapter 107, Licenses and Permits. The application, accompanied by the license fee hereinafter provided, shall set forth the information required in § 107-6B, C and D of said Chapter 107 and, in addition, the following:
(1)
Name and address of the owner of the vehicle as registered
with the Motor Vehicle Department.
(2)
Description of said vehicle to be licensed, giving
the name of the manufacturer, serial number, motor number and name
of the owner or operator, with any other insignia appearing thereon.
(3)
Date of purchase of vehicle and name and address of
person from whom acquired.
(4)
If applicant is not the owner, state what interest
applicant has in ownership or operation of said vehicle.
(5)
Does any person, firm or corporation other than the applicant have any interest whatsoever in the vehicle sought to be licensed to engage in the business defined in § 90-18 hereof, and if so, give name and address and interest of each.
(6)
Names and addresses of persons, firm or corporation
from whom ice cream, ice cream products, water ices or such frozen
confectionary products have been or will be purchased.
(7)
Name and address of salesman or operator upon said
vehicle.
(8)
Whether or not the applicant or the owner or operator
or salesman is the holder of a license under R.S. 45:24-9. If so,
the license number, date of issue, name of county where issued and
whether it is still in force and effect.
B.
Salesman's license.
(1)
Anyone desiring a license as a salesman for any vehicle
under this Article shall apply in writing to the Health Department
on forms supplied by the City of Hackensack and verified by the applicant.
The said application shall be accompanied by the prescribed license
fee and a permit previously secured from the Health Department of
the City of Hackensack for sale or distribution of milk or cream or
products thereof.
(2)
The requirements concerning such Health Department
permit shall not be deemed to apply to a corporation or partnership,
except that all officers, employees and agents acting as salesmen
for any licensed corporation or firm shall obtain such Health Department
permit.
C.
Any applicant holding a license under R.S. 45:24-9
shall not be required to accompany his application with the license
fee. If the Health Officer or his designated representative, after
a hearing upon said application, determines that the applicant is
not a bona fide owner of the vehicle sought to be licensed, such application
may be denied.
A.
Upon receipt of an application for a license under
this Article, the Health Department shall forthwith transmit the same
to the Chief of Police, who shall fingerprint and photograph the applicant
and otherwise investigate the applicant as to his character and reputation.
A.
License cards issued to salesmen under this Article
shall specify the age, height, weight, place of birth, marital status,
length and place of residence of the licensee, statement of any previous
arrests or convictions for crime, name and address of employer, if
any. In addition, there shall appear on the face of the license card
a small photograph of the licensee.
B.
License plates shall also be issued under this Article
for each vehicle in connection with which the licensee is to conduct
his operations. The license plate shall be permanently displayed at
all times upon a conspicuous part of the licensed vehicle and shall
contain the number of the license, the name of the licensee and the
expiration date of the license.
C.
All licenses issued under this Article shall expire
on January 1 of each year. Upon the expiration of the license, the
holder shall surrender the license card and the' license plate forthwith
to the Health Department.
A.
The license fee to be imposed under this Article shall be as provided in Chapter 107, Licenses and Permits, for each vehicle in which the products are carried or sold from. Said fee shall entitle the licensee of the vehicle to one salesman's license without charges.
B.
The license fee to be imposed upon each additional salesman on any such vehicle shall also be as provided in Chapter 107, Licenses and Permits.
C.
Every person holding a validly issued and effective
license under the provisions of N.J.R,S. 45:24-9 shall receive the
license applied for without fee, provided that all other provisions
of this Article are complied with.
D.
The license fees herein fixed are imposed for the
purpose of raising revenue and regulating the business hereinabove
defined.
A.
It shall be unlawful for anyone engaged in the business
of peddling ice cream, ice cream products, water ices or frozen confectionary
products from vehicles to misrepresent the character or the quality
of the merchandise offered for sale or to importune or otherwise annoy
any person or persons for the purpose of effecting a sale.
B.
All ice cream, ice cream products, water ices and
such frozen confectionary products which shall be sold or offered
for sale from such vehicle shall comply with all laws and local ordinances
relating to food and food products.
C.
All ice cream, ice cream products, water ices and
such frozen confectionary products shall be sold or offered for sale
only in sealed containers, and the filling of individual containers
with ice cream, ice cream products, water ices or such frozen confectionary
products in or from any such vehicle from the street or highway or
any other public place is hereby prohibited.
D.
It shall be unlawful for any person engaged in the business of selling
or offering to sell ice cream, ice cream products, water ices or such
frozen confectionary products to park any vehicle within the lines
of any public street, road or other public place for the purpose of
engaging in such business for a period longer than 15 minutes. No
such vehicle used for conducting the business aforesaid shall be parked
within 500 feet of any public or private school one hour before the
opening of school or one hour after the closing of school, nor shall
any such vehicle be parked within 500 feet of any public or private
event where food or refreshments are sold during the time the event
occurs.
[Amended 5-18-1981 by Ord. No. 15-81; 9-1-2015 by Ord. No. 41-2015; 6-13-2017 by Ord. No. 16-2017]
In addition to the other law enforcement agencies
of the City of Hackensack, the Health Officer or his authorized agents
is hereby empowered to enforce the provisions of this Article and
to make complaints and arrests for the violation of any of the terms
and provisions hereof.
