[Adopted 5-19-1952 as Ord. 499; see also chapter history]
As used in this Article, the following terms shall have the meanings indicated:
BUSINESS OF PEDDLING OR PEDDLER
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.
[1]
Editor's Note: For provisions as to peddling and soliciting generally, see Ch. 121, Peddling and Soliciting.
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.
B. 
In addition to the standards set forth in Chapter 107, Licenses and Permits, the Health Officer shall deny the license if he shall determine that an applicant claiming to own the vehicle sought to be licensed is not the bona fide owner of said vehicle.
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.
[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; 3-19-2024 by Ord. No. 11-2024]
A. 
It shall be unlawful for anyone engaged in the business of peddling ice cream, ice cream products, water ices or frozen confectionery 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 confectionery 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. 
Except as set forth herein, all ice cream, ice cream products, water ices and such frozen confectionery 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 confectionery products in or from any such vehicle from the street or highway or any other public place is hereby prohibited. However, if a "peddler," as defined in this article, has received the required license from the New Jersey Department of Health, and is in full compliance with all applicable regulations set forth in Title 8 of New Jersey Administrative Code, along with all applicable provisions of the Code of the City of Hackensack, said peddler may sell and dispense ice cream and/or other frozen desserts, even if not in a sealed container, to the extent and in the manner authorized by such license. Proof of such license shall be submitted as part of the application required by this article in order to sell ice cream and/or other frozen desserts if not in a sealed container.
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 confectionery 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.
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.