Chapter 195 Vendor Licensing

Editor's Note: See now § 195-3G(1).

[2]

Editor's Note: This ordinance also provided for the redesignation of former Subsections A through F as Subsections B through G, respectively.

All applications for licenses and renewal of licenses shall be processed by the Clerk's office for completeness and review of the vendor application. Application forms shall be available at the Municipal Clerk's office and shall require information reasonably related to the subject activity and licensee including, without limitation, the following:

The name and permanent and local address of the vendor/applicant and trade name designation, if any. If the applicant be a partnership, the name and address of all partners must be disclosed. If the applicant is a closely held limited-liability company or corporation, the names and addresses of all stockholders must be disclosed. If the applicant is a publicly held corporation or franchisee, the name and address of the registered agent of the corporation, franchisor and franchisee as may be applicable must be disclosed.

A description of the vehicle or other apparatus used, license number and registration.

The names and addresses and other information required by the application as to employees to be utilized by the vendor/applicant.

A description of the nature of the business and the goods, property or services to be sold or supplied.

A statement as to whether the applicant has been convicted of any crime or the violation of any municipal ordinance or traffic offense and if so the nature of the offense, the date and place of conviction and the sanctions imposed.

Appropriate evidence as to the good character and business responsibility of the applicant as may be required in the application form.

(7)

[3] (Reserved)

[3]

Editor's Note: Former Subsection B(7), requiring a photograph of the applicant, was repealed 2-1-2013 by Ord. No. 13-01C. This ordinance also provided for the renumbering of Subsection B(8) through (10) as Subsection B(7) through (9), respectively.

(8)

The name and address of the manufacturer or producer of the goods to be sold and the proposed method of delivery of such goods to the vendor.

(9)

Such other information as may be required by the vendor application form.

Application, other requirements. Vendor applicants shall submit to the Municipal Clerk such other information and documentation as may be required by the Clerk, including without limitation the following:

Two completed application forms with two original signatures.

[4] Two copies of valid driver's license.

[4]

Editor's Note: Former Subsection C(2), requiring two photos, was repealed 2-1-2013 by Ord. No. 13-01C. This ordinance also provided for the renumbering of Subsection C(3) through (14) as Subsection C(2) through (13), respectively.

Two copies of current sales tax certificate.

Two copies of current valid certificates of insurance as described in § 195-3C(12) and (13).

[Amended 12-29-2004 by Ord. No. 04-35C]

Two copies of valid vehicle registration.

One copy of signed vehicle lease, if not owned.

(7)

For relief driver, two completed application forms with two original signatures.

(8)

For relief driver, two photos.

(9)

For relief driver, two copies of valid driver's license.

(10)

Proof of Police Department investigation and approval.

(11)

Proof of valid current insurance on any vehicles to be utilized with combined single limit liability coverage in an amount of not less than $500,000.00 for personal injury and $500,000 for personal damage, or such higher limits as may be standard in the industry. Original certificates must be filed with the licensing authority with the application.

[Amended 4-2-2004 by Ord. No. 04-07C; 12-29-2004 by Ord. No. 04-35C[5]; 1-20-2006 by Ord. No. 06-01C]

[5]

Editor's Note: This ordinance repealed former Subsection B(12) and (13), regarding proof of inspections, and redesignated former Subsection B(14) and (15) and Subsection C(12) and (13), respectively. Former Subsection B(16) was also redesignated as Subsection C(14).

(12)

Proof of valid current insurance for general liability and product liability coverage in an amount no less than $500,000 for personal injury or product liability and $500,000 for property damage.

[Amended 4-2-2004 by Ord. No. 04-07C; 12-29-2004 by Ord. No. 04-35C]

(13)

Appropriate fees related to the application review, processing and investigation as required and described in the vendor application form.

Veterans. Any veteran or volunteer fire fighter entitled to a vendor license pursuant to N.J.S.A. 45:24-9 et seq., shall utilize the veteran's vendor application form on file with the Municipal Clerk's office and shall otherwise be subject to all provisions of this chapter as permitted by law. The holder of a veteran vendor license may not utilize a relief driver or other substitute.

Investigation of applicant. Each application shall be referred to the Chief of Police or the Chief's designee who shall instigate investigation of the applicant's business, responsibility, moral character and ability to properly conduct the licensed activity, as is necessary for the protection of the public. Written investigation findings shall be provided to the Clerk within a reasonable time after the application has been filed.

Fees. All fees for the things herein below set forth in Subsections E(1) through (5), inclusive, shall annually be determined by-resolution of the governing body of the Township of Long Beach adopted in January of each year.

[Amended 1-23-2004 by Ord. No. 04-01C; 4-2-2004 by Ord. No. 04-07C]

The license fee for a vendor shall be as determined by the Board of Commissioners by resolution duly adopted per annum, nonrefundable, and shall accompany the application. No portion of the fee shall be prorated for any part of the year.

In addition to the fees hereinabove required, if a vehicle is to be used by any licensee, the vehicle shall bear a certification showing that an inspection/search for the vehicle/operator has been procured from the Clerk, which license shall be issued by the Clerk upon payment of a fee as determined by the Board of Commissioners by resolution duly adopted.

Permit fee. Any applicant wishing to vend prepackaged ice cream or other dairy products as permitted by this chapter shall comply with all Township requirements and pay all permit fees, certification fees and search fees required thereby. In addition thereto, an applicant is required to pay the applicable fee established by and payable to the Division of State Police - S.B.I. prior to the processing of any application. Other fees required herein are also applicable to ice cream applicants.

Fee for the Long Beach Island Health Department inspection and permit shall be as determined by the Board of Commissioners by resolution duly adopted.

Additional application and S.B.I. fees must be submitted for relief drivers.

Refusal of application; appeal.

No license shall be issued unless all application requirements are completed.

If the investigator determines that the applicant's character, ability or business responsibility are unsatisfactory or that the products, services or activity are not free from fraud, he or she shall disapprove the application, and the Clerk shall refuse to issue the license and shall so notify the applicant. Otherwise, the Township Clerk shall issue the license, provided that the required license fees have been paid and approval of the Board of Commissioners is obtained. In the case of an application for a solicitor's or canvasser's license, the license may be issued immediately subject to the investigation.

[Amended 12-29-2004 by Ord. No. 04-35C]

§ 195-4 Issuance of license; limitations.

In the event of the refusal of the issuance of a license, the applicant may appeal to the Board of Commissioners for a hearing. The appeal shall be filed, in writing, with the Township Clerk within 14 days after notification of the refusal. The Board of Commissioners shall hold its hearing within 10 days thereafter. The decision of the Board of Commissioners shall be final.

Upon acceptance of a valid and approved vendor licensing application, a photo identification card shall be prepared and issued for each licensed driver.

[Added 2-1-2013 by Ord. No. 13-01C; amended 11-5-2018 by Ord. No. 18-29C]

A license shall only be issued to a vendor for permitted activities.

A license shall be issued only to the vendor whose name appears on the sales tax certificate of authority pursuant to N.J.S.A. 40:52-1.3 and as required by this chapter, except that if said certificate of authority is issued to a trade name, the license shall be issued to the owner/operator utilizing the trade name as well as the trade name itself.

Each licensee shall be issued a badge on which shall appear the words “licensed vendor” or the like, the period for which the license is issued and the number of the license, all in letters and figures easily discernable from a distance of 10 feet.

[Amended 2-4-2011 by Ord. No. 11-04C]

Ice cream vendor license; maximum number; right of first refusal. In addition to any of the other requirements of this chapter, ice cream vendor licensing shall be subject to the following:

[Amended 4-2-2004 by Ord. No. 04-07C; 12-29-2004 by Ord. No. 04-35C; 1-20-2006 by Ord. No. 06-01C; 1-7-2011 by Ord. No. 10-59C; 2-4-2011 by Ord. No. 11-04C]

No more than 10 vehicle licenses for the vending of permissible ice cream products shall be issued annually, and such licenses shall be further limited to the following permitted activities:

[Amended 11-5-2018 by Ord. No. 18-29C]

Sale of pre-packaged frozen ice cream products from a motorized vehicle, pursuant to the provisions this chapter.

Sale of pre-packaged frozen ice cream products by foot on bay and ocean beaches, provided that such vending on foot complies with the following:

Foot vendors shall carry, wheel, or push a nonmotorized cart on the beach along the waterline only. Foot vendors shall access the waterline directly from the beach entrances.

[2]

The cooling unit/component used by foot vendors shall have a maximum capacity of 150 quarts with maximum dimensions of 45 inches long by 33 inches wide by 41 inches high. No artificial lighting shall be permitted.

[3]

Foot-vending apparatus must be inspected and approved by the Long Beach Island Board of Health.

[4]

Foot vendors may not shout out or use any audible sound emoting devices to alert beach patrons.

[5]

Foot vendors must wear shirts and display Township issued identification cards at all times when vending.

[6]

Licensed ice cream vendors shall not simultaneously vend from a motorized truck while also vending by foot.

The fee to be charged for each ice cream vending license shall be as annually fixed by the governing body of the Township of Long Beach by resolution adopted at a meeting in February of each year.

Only one license, veteran or otherwise, shall be issued to an individual, corporation, company, partnership or franchise in which an individual holds any interest. A license application for an individual shall not be accepted when a license is held by another entity in which the individual has an interest. A license for an entity other than an individual will not be accepted when a person with any interest in such entity holds or has an interest, ownership or managerial, in an entity holding a license in another name.

[Amended 11-5-2018 by Ord. No. 18-29C]

An ice cream vendor licensee holding a license on December 31 of any year shall be given the right of first refusal in the next calendar year to renew their ice cream vendor license under the following terms and conditions:

This provision shall be strictly construed to limit this right solely to the specific previous year owner as set forth in the previous year license. No license is transferable, and any change in ownership shall result in the loss of the right of first refusal. An owner entity may not necessarily retain the right of first refusal if the nature of the individual participants is substantially changed.

All such licensees from the prior year shall have until March 1 of the current year to apply for the grandfathered license. Failure to so apply by March 1 shall result in the loss of the right of first refusal.

(c)

Any application for a grandfathered license shall require the submission of all documentation and application as though the applicant were applying for a new license.

The lottery called for in this section will be conducted on April 15 of each year, or if April 15 be a Saturday, Sunday or other legal holiday, on the first business day thereafter, any ice cream vendor license that has not been renewed by appropriate exercise of the right of first refusal accompanied by the filing of an approved accepted complete application, shall be offered to the public at a publicly held lottery conducted by the Clerk of Long Beach Township. The lottery shall be conducted by the Clerk in the Clerk’s office at 10:00 a.m. in the forenoon local time prevailing, and the names of any eligible applicant who has filed a completed application containing all of the documents and information required by § 195-3 of this chapter shall be placed in an appropriate container and shall then be drawn therefrom. The first name drawn shall be eligible for the first vacant license with the second name drawn available for the second license and so forth until all names are drawn. If the first name drawn does not take the appropriate action within 10 days of the lottery to secure the license, the number two name drawn shall be eligible and so on down the line until all available licenses have been issued. The Clerk of Long Beach Township shall determine no later than March 15 of each year whether or not a lottery is required and immediately upon making such determination shall advise the Board of Commissioners. If a lottery is required, an advertisement shall be placed in the official newspapers of Long Beach Township advising that a lottery will be held on April 15 or the first business day thereafter, which notice shall include where applications may be secured by potential applicants, the deadline for the submission of such applications and the time and place of the lottery to be held. The publication shall be placed to appear prior to April 1 of the year of the lottery.

No ice cream vendor or veteran vendor license shall be issued after May 15th of any calendar year.

(7)

After a license has been approved by the Clerk and prior to the delivery of any such license by the Clerk to the licensee, the licensee shall secure and provide copies to the Clerk of:

Proof of Long Beach Island Health Department inspection and food handlers permit; and

Proof of Long Beach Township Traffic Safety Officer vehicle inspection.

Food truck vendor license; maximum number; additional requirements. In addition to any of the other requirements of this chapter, food truck vendor licensing shall be subject to the following:

[Added 5-18-2015 by Ord. No. 15-20C]

Food truck vendor licenses shall permit the operation of food trucks in areas predesignated and approved by the Township Administrator in consultation with and with the agreement of the Chief of Police during Township-sanctioned special events and only at Bayview Park and the Municipal Complex in the Township. No other authorization or rights to operate in Township are provided by the licenses.

Except as provided otherwise in § 195-4E(6)(d), the maximum number of food truck licenses granted per annum shall not exceed eight, and each license shall expire at the end of each calendar year. Pursuant to § 195-4E(6), the licenses shall be granted on a first-to-be-approved basis.

The fee to be charged for each food truck vendor license shall be as annually fixed by the governing body of Township of Long Beach by resolution adopted at a meeting in February of each year, except that for 2015 the fee charged for each food truck vendor license shall be $50.[1]

Editor's Note: For current fees, see Ch. 82, Fees, Licenses, Bonds and Permits.

Only one license shall be issued to an individual, corporation, company, partnership, or franchise in which an individual holds any interest. A license application for an individual shall not be accepted when a license is held by another entity in which the individual has an interest. A license for an entity other than an individual will not be accepted when a person with any interest in such entity holds or has an interest, ownership or managerial, in an entity holding a license in another name.

After an application has been received by the Municipal Clerk, the license shall not be granted unless and until the licensee complies with all of the applicable requirements § 195-3 of this chapter and provides proof of a Long Beach Island Health Department inspection and food handlers permit to the Municipal Clerk.

The Municipal Clerk shall establish a rotating list of the food truck vendor licenses, which shall be listed in order of priority and preference of one to eight, initially based upon the first-to-be-approved basis. The Municipal Clerk shall be responsible for the administration of the rotating list. The list and a licensee's selection from the list shall be administered as follows.

A minimum of 30 days prior to a Township-sanctioned special event at Bayview Park and/or the Municipal Complex, the Township Administrator shall advise the Municipal Clerk how many food trucks shall be authorized to appear at the special event. The Municipal Clerk shall thereafter provide notification via telephone and email, if any, to the licensees in their order of priority on the rotating list at a minimum of 25 days prior to the special event. The licenses shall have three days therefrom to contact the Municipal Clerk via telephone and email to accept and confirm that said licensees shall participate in the special event. In order to be effective, the acceptance shall be in writing and served upon the Municipal Clerk via email or personal service within the five-day period. If a licensee declines to participate in the special event, the Municipal Clerk shall follow the order of priority on the rotating list and notify the next licensee and the subsequent licensees shall comply with the foregoing confirmation requirements.

§ 195-5 License term and expiration, renewal.

Once a licensee has been confirmed for a special event, the licensee shall rotate to the bottom of the list in accordance with the order in which the licensee confirmed for the special event, and the rotating list shall be rotated accordingly.

(c)

A minimum of seven days prior to the special event, the licensee shall again confirm with the Municipal Clerk via telephone and email that it shall appear at the special event. In the event that confirmation is not made, the Municipal Clerk may proceed to contact the additional licensees on the rotating list in order of preference, and the first to accept may substitute in for the licensee that does not provide the foregoing confirmation.

(d)

In the event that there are no licensees or an insufficient number of the licensees from the rotating list available or who elect to and/or confirm their participation in the special event, the Township may directly solicit other food truck vendors to participate in the special event. In the event that another food truck vendor not on the rotating list is solicited and confirms participation, that food truck vendor shall be granted a temporary license, provided that the food truck vendor complies with all of the application requirements of this chapter that apply to food truck vendors, except that the provisions of § 195-4E(4) shall not apply to this circumstance. Following the special event, the temporary license shall expire and that food truck vendor licensee shall not be placed on the rotating list.

Except as otherwise provided in this chapter, all licenses shall expire on December 31 of the year of issue at 12:00 midnight local time. Applications for the renewal of licenses, excepting ice cream vendor licenses, shall be made not later than December 1 of the year of issue or will be subject to denial for the following year.

§ 195-6 Revocation of license.

Any license issued by the Township may be revoked by the Board of Commissioners after notice and a hearing for any of the following causes:

Fraud or misrepresentation in any application for a license.

Fraud or misrepresentation pertaining to the conduct of the vendor business.

A violation of any provision on this Code.

Conviction of the licensee for any offense involving moral turpitude.

Conduct of the licensed activity, whether by the licensee himself or his or her agents or employees, in an unlawful manner or in a manner that constitutes a breach of the peace or a menace to the public health, safety or general welfare.

Notice of hearing. Notice of a hearing for the revocation of a license shall be given in writing by the Municipal Clerk or Clerk's designee. The notice shall specifically set forth the grounds upon which the proposed revocation is based and the time and place of the hearing. It shall be served by mailing a copy to the licensee at his or her address shown on the application form by regular mail and certified mail, return receipt requested, at least five days prior to the date set for the hearing.

Hearing; determination. At the hearing the licensee shall have the right to appear and be heard, to be represented by an attorney, to present witnesses in his or her own behalf, to cross-examine opposing witnesses and to have a permanent record made of the proceedings at his or her own expense. The Board of Commissioners may revoke or suspend the license if it is satisfied by a preponderance of the evidence that the licensee is guilty of the acts charged.

Reinstatement of revoked license. The Board of Commissioners may issue another license to a person whose license has been revoked or denied as provided in this chapter if after hearing it is satisfied by clear and convincing evidence that the acts which led to the revocation or denial will not occur again; otherwise, no person whose license has been revoked or denied, nor any person acting for him or her directly or indirectly, shall be issued another license to carry on the same activity.

If a license is revoked and not renewed within a calendar year, the license shall not be renewable for the following calendar year unless the Board of Commissioners permits renewal in the same manner that the Board of Commissioners may allow reinstatement of a revoked license as set forth above.

§ 195-7 Regulations.

All issued licenses shall be clearly displayed on any vehicle or equipment, and a bumper decal issued by the Township of Long Beach shall be affixed to the front and rear bumpers of any vehicle or equipment. The license shall at all times be in possession of the licensee.

[Amended 12-29-2004 by Ord. No. 04-35C]

Identification badges issued by the Township to the licensee shall be displayed on the vendor's person.

[Amended 12-29-2004 by Ord. No. 04-35C[1]]

Editor's Note: This ordinance repealed former Subsection C and redesignated former Subsections D through N as Subsections C through M, respectively.

One relief driver shall be permitted per license and no passengers shall be permitted in any vending vehicle at any time for any reason. No relief driver shall be utilized by veterans. A veteran vendor license is only applicable to the veteran holding the license.

Use of streets.

[Amended 5-18-2015 by Ord. No. 15-20C]

With the exception of food truck vendors, no vendor shall have an exclusive right to any location in the public streets nor shall any person be permitted a stationary location, nor shall he or she be permitted to remain in any one location for a period in excess of five minutes, except as is necessary to complete sales of lined-up customers.

Food truck vendors shall be limited to operate their food truck in predesignated and approved areas at Bayview Park and the Municipal Complex in the Township of Long Beach alone. Food truck vendors shall remain at that stationary location and shall not be permitted to vend or sell food or any other products or services on the public streets in the Township.

No vendor shall be permitted to operate in any congested area where his or her operations might impede or inconvenience the public.

The issuance of a license shall not give the licensee any right to operate the licensed vehicle on any private property within the township without express permission of the owner or owners of such property.

[Amended 4-2-2004 by Ord. No. 04-07C[2]]

[2]

Editor's Note: This ordinance also provided for the redesignation of former Subsections G through M as Subsections H through N, respectively.

Each licensee shall maintain adequate trash receptacles in or upon the vehicle and shall be responsible for the collection and disposal of paper wrappers and other product generated debris.

Prohibitions. With the exception of food truck vendors and ice cream vendors, it shall be unlawful for any person to peddle, sell, or otherwise market any food item, prepackaged ice cream, prepackaged candy, and bottled or canned beverage from a mobile unit, except that this provision shall not apply to the delivery of milk, eggs, bread, newspapers, or merchandise of the type commonly delivered on a house-to-house basis at intervals of less than one week.

[Amended 5-18-2015 by Ord. No. 15-20C]

Food truck vendors shall be permitted to prepare, peddle, sell, or otherwise market any prepared food or food item. Food truck vendors shall not sell or market prepackaged ice cream.

Ice cream vendors shall be permitted to prepare, peddle, sell or otherwise market prepackaged ice cream, prepackaged candy, and bottled or canned beverages. Ice cream vendors shall not sell or market any prepared food or food item.

All vending vehicles, motorized or not, shall be equipped with appropriate refrigeration equipment. Such equipment shall be inspected by the Long Beach Island Board of Health prior to the permit being issued.

With the exception of food truck vendors and on-board generators that are an integral part of the vehicle and are approved by the Director of the Board of Health, no trucks, pedacycles, or nonmotorized pushcarts shall be equipped with generators that are able to operate while the truck, pedacycle, or pushcart is in motion or stopped. Food truck vendors shall be permitted to be equipped with generators that are approved by the Long Beach Island Health Department.

[Amended 5-18-2015 by Ord. No. 15-20C]

Noise; sound solicitation. The use of sound by the vendor to alert potential customers or patrons to the vendor's presence shall be limited and subject to the following:

After 8:00 p.m. Eastern standard time or daylight saving time, whichever is in effect, no vendor, nor any person in his or her behalf, shall shout, cry out, blow a horn, ring a bell or use any sound device, including any loudspeaking radio or sound-amplifying system upon any of the streets, alleys, parks or other public places of the Township or upon any private premises in the Township where sound of sufficient volume is emitted or produced therefrom to be capable of being plainly heard upon the streets, avenues, alleys, parks or other public places for the purpose of attracting attention to any goods, wares or merchandise which the licensee proposes to sell.

[Amended 12-29-2004 by Ord. No. 04-35C]

Music, horns, bells or other sounds, continuous or intermittent, from vendors or vehicles while parked standing or stationary in one location for longer than two minutes is prohibited.

No sound device, mechanical bells, mechanical music, mechanical noises of any type or sound, nor speakers, amplifiers or sound devices of any kind shall be permitted which exceed the sound levels permitted to Chapter 123, Noise.

No vendor, nor any person on his or her behalf, shall shout, cry out, blow a horn, use a sound device or make any noise, except for the use of hand bells, to draw attention to the selling of their wares which are in excess of the sound levels permitted to Chapter 123, Noise.

Time restrictions.

[Amended 5-18-2015 by Ord. No. 15-20C]

No person shall sell, offer for sale, hawk, or peddle in the Township any items listed in § 195-1 before 9:00 a.m. or after 9:00 p.m., except in relation to July 4 fireworks displays during which time they may vend until 11:00 p.m., subject to the 7:00 p.m. sound device limitation, and except where otherwise permitted by resolution of the Board of Commissioners of the Township of Long Beach, in its sole discretion, for certain festivals and other events.