[Adopted 6-19-1968 (Ch. 158 of the 1974 Code)]
As used in this article, the following term
shall have the meaning indicated:
An individual, firm, partnership, corporation, voluntary
association or incorporated association, and principal and agent thereof.
It shall be unlawful for any person within the
limits of the Borough of Totowa to sell, offer for sale, display for
sale, dispose of or deliver any prepared food in the form of box lunches,
sandwiches, coffee, tea or other food or beverages for human consumption
from any wagon, automobile or vehicle of any kind to the ultimate
consumer without first having obtained a license as hereinafter prescribed.
Specifically excluded from the provisions of this article shall be
any person delivering food to a residential premises for human consumption
where said food is being delivered upon the order of said consumer.
No person shall, within the corporate limits
of the Borough of Totowa, sell, offer for sale, display for sale or
give away any food or drink intended for human consumption which is
or has been prepared, cooked, processed, packaged or bottled in any
mobile kitchen, trailer, truck, car or other vehicle.
A.
No person shall, within the corporate limits of the
Borough of Totowa, sell, offer for sale, display for sale, or deliver
any box lunches, sandwiches, coffee or tea to the ultimate consumer,
unless the box lunches, sandwiches, coffee or tea have been prepared
in a restaurant, kitchen or establishment either duly licensed by
the Board of Health of the Borough of Totowa or inspected and approved
by the Sanitary Inspector of the Borough.
B.
Trucks, wagons or other vehicles used in the delivery
of box lunches, sandwiches, coffee or tea shall be of a sanitary type
approved by the Sanitary Inspector and shall be maintained in accordance
with Chapter XII, Construction, Operation and Maintenance of Retail
Food Establishments, of the State Sanitary Code.[1]
[Amended 12-18-1974]
C.
All food shall be packaged in the kitchen, restaurant
or establishment preparing the same, and the packages shall not be
opened by the seller at any time.
A.
Any person desiring a license under this article shall
first obtain a peddler's license or its equivalent from the Mayor
and Council of the Borough of Totowa,[1] and thereafter apply in writing to the Board of Health
on forms supplied by it and verified by the applicant, giving:
(1)
Permanent home address.
(2)
Name and address of firm represented.
(3)
Whether or not the applicant has been convicted of
a crime or misdemeanor or violation of any municipal ordinance and
the nature of the offense, if any, for which convicted.
(4)
If the applicant is an employee or representative
of any person, the application from the firm authorizing the applicant
to act as its representative.
[1]
Editor's Note: See Ch. 289, Peddling and Soliciting.
B.
It is further stated that any license previously granted
by the Board of Health of the Borough of Totowa shall be renewed automatically
upon the filing of an application in accordance with this article
with the Board of Health and payment of the prescribed fee on or before
January 31 of each and every year.
A.
Upon the filing of the application with the Board
of Health, an investigation shall be made concerning the facts therein
set forth. Upon the approval of the application and upon payment of
the prescribed fee to the Board of Health Clerk, the license shall
be issued.
B.
The license issued shall not authorize any person,
except the designated person named in the license, to engage in the
business thereunder and shall not be transferable from the person
to whom issued to any other person. A separate license must be obtained
by any person and every agent or representative working for him.
C.
Upon the issuance of such license, the Board of Health
shall furnish the licensee with a plate, badge or other evidence bearing
a number corresponding to the number of the license and the year in
which it was granted. The plate, badge or other evidence shall be
displayed at all times in a conspicuous part of the vehicle used by
the licensee, if any, in the conducting of his business and, if no
vehicle shall be used, shall be carried by him and exhibited on demand
of any of the citizens of the Borough or members of the Police Department
thereof.
D.
Such license shall be good only for the year in which
it was issued and shall expire at 12:00 midnight, December 31 of each
year. Any licensee applying for or obtaining a license after the first
day of January in any year shall pay the license fee for the full
year.
The license fee to be imposed under this article
for each year beginning with the first day of each year, for revenue
purposes, shall be $200 for each wagon, automobile or other vehicle
of any kind in which the products are carried or from which they are
sold. For each salesman, in addition to the above license fees, a
fee of $20 shall be imposed, except that a license for one salesman
shall be issued without charge with the license for each wagon, automobile
or vehicle of any kind in which such products are carried or sold.
The license above provided for may be revoked by the Borough of Totowa
for the violation of any of the provisions of this article upon notice
and hearing; provided, however, that a license may be suspended for
a period not exceeding two weeks. Should any license be revoked, no
part of the license fee shall be returned.
