As used in this article, the following terms shall have the meanings indicated:
MOTOR VEHICLE
Any vehicle used for the displaying, storing or transporting of articles, including food, offered for sale by a vendor, which is required to be licensed and registered by the Department of Motor Vehicles.
PERSON
Any individual, but should not be construed to mean a corporation, partnership, association or any other form of business entity.
VENDING UNIT
Any pushcart, wagon or any other wheeled vehicle or device which may be moved without assistance of a motor and which is not required to be licensed and registered by the Department of Motor Vehicles, used for the displaying, storing or transporting of articles, including food, offered for sale by a vendor.
VENDOR
Any person who goes from house to house, from place to place or from street to street traveling by foot, automotive vehicle or any other type of conveyance, carrying or transporting merchandise for the purpose of selling and delivering the merchandise to customers. The word vendor shall also include the words peddler and hawker.
No person shall engage in hawking, peddling or vending within the Borough of Seaside Heights unless holding and possessing a valid license permitting hawking, peddling or vending, issued pursuant to and in accordance with the provisions of Title 45, Revised Statutes of New Jersey (N.J.S.A. 45:24-9 et seq.), and shall have registered with the Borough of Seaside Heights as hereinafter provided.
Any person having a type of license referred to in § 122-20 who desires to hawk, peddle or vend within the Borough of Seaside Heights shall in advance thereof register with the Borough in the following manner:
A. 
The applicant for registration shall produce a license issued to him by a County Clerk, pursuant to Title 45, Revised Statutes of New Jersey.
B. 
The applicant shall complete and sign a form of application for registration made available by the Borough, setting forth the following information:
(1) 
Name and address.
(2) 
Description of the applicant.
(3) 
A description of the nature of the business proposed.
(4) 
A description of the vending unit to be utilized. If a motor vehicle is to be utilized, the registration number, license plate number and name and address of insurance carrier and insurance policy number and coverage must be listed.
The business of hawking, peddling or vending shall be subject to the following regulations:
A. 
All vending units shall not be permitted to be in use and shall be off the streets and sidewalks of the Borough during the period from 9:00 p.m. to 7:00 a.m. daily.
B. 
All vending units must be on wheels and mobiles.
C. 
There shall be no vending within 200 feet of the grounds of any school between 1/2 hour prior to the start of the school day and 1/2 hour after dismissal at the end of the school day.
D. 
There shall be no vending within 200 feet from any church, synagogue or other house of worship while same is in session.
E. 
No vending unit or motor vehicle shall be left unattended for any reason on the streets or sidewalks of the Borough of Seaside Heights.
F. 
There shall be no sale of food or beverage for immediate consumption unless the vendor has made available for the public use a litter receptacle which is available for use by his patrons.
G. 
No vendor shall leave any location without first picking up, removing or disposing of all trash or refuse remaining from the sales made by him. The vendor shall not sweep or deposit any accumulation of litter into any gutter or street.
H. 
No vendor shall allow any items relating to the operation of the vending business to be placed anywhere other than in or on the vending unit.
I. 
No vendor shall set up, maintain or permit the use of any table, crate, carton or rack or other device to increase the selling or display capacity of his unit or motor vehicle. There shall be no stacking of items to be sold upon any sidewalk or street. All materials and/or merchandise must be located solely on the vending unit.
J. 
No vendor shall solicit or conduct business with potential customers who are in motor vehicles. All sales are to be conducted from the curbside of the vending unit and only to pedestrians.
K. 
No person shall sell anything other than such commodities described in the registration.
L. 
No vendor shall use any device that produces a loud or raucous noise or use or operate any loudspeaker, public address system, radio, sound amplifier or similar device to attract the attention of the public.
M. 
No hawker, peddler or vendor shall have any exclusive right to any location in the public streets, nor be permitted to operate in any congested area where the operation might unreasonably impede the public. A license to hawk, peddle or vend granted under this chapter does not authorize the display or sale of merchandise from a fixed location. Said display or sale is hereby prohibited.
N. 
No vendor shall sell from a vending unit on a sidewalk where the sidewalk is less than nine feet in width or vend within 10 feet of the outside perimeter of any entrance to any building or vend within 20 feet of any driveway, within 20 feet of a crosswalk of any intersection or within 20 feet of any bus or jitney zone, within 25 feet of any emergency exit, within 20 feet of any loading and unloading zone or within 25 feet of the principal entrance to a hotel or motel.
O. 
No vendor shall allow the vending unit or any other item relating to the operation of the vending business to be placed against any building or other structure without the consent of the owner of said building or structure.
P. 
No person shall hawk, peddle or vend unless possessing a valid state license, issued pursuant to Title 45, Revised Statutes of New Jersey, and a registration card.
Q. 
No vendor vending from a motor vehicle shall conduct business in such a way as would restrict or interfere with the ingress or egress of the abutting property owner or tenant or create or become a public nuisance, increase traffic congestion or delay or constitute a hazard to traffic, life or property or an obstruction to an adequate access for fire, police or sanitation vehicles. No vendor vending from a motor vehicle shall stop, stand or park the vehicle upon any street or permit it to remain there except on the roadway at the curb for the purpose of vending therefrom. No vendor vending from a motor vehicle shall stop, stand or park the vehicle on any street for the purpose of selling, or sell on any street, under any circumstances during the hours when parking, stopping or standing has been prohibited by signs or curb markings or is prohibited by statute or ordinance. No vendor vending from a motor vehicle shall remain in any one place for a period longer than necessary to make a sale after having approached or stopped for that purpose. No vendor vending from a motor vehicle shall stop, stand or park the vehicle within 50 feet of any intersection.
R. 
All vending units must be thoroughly covered with proper material to assure that no portion that is heated is exposed where the public is able to come in contact with it.
S. 
No vendor shall use any conveyance, device or thing whatsoever which, when fully loaded with merchandise, cannot be easily moved and maintained under control by the licensee.
T. 
No vendor shall stop, stand, park, place nor allow a conveyance closer than 150 feet to any other conveyance being used by any other vendor.
U. 
There shall be no mixing of food and nonfood items for sale.
V. 
No vending unit shall be permitted on the public boardwalk or public beach, nor shall the same be permitted within 250 feet of the boardwalk.
W. 
At no time shall a vending unit be located in such a way as to not provide a continuous space of eight feet for pedestrian passage.
X. 
Any vendor who is legally blind or totally disabled may be assisted by a nonveteran vendor, which nonveteran must be registered with the Borough. The blind or disabled veteran must be present at the vending unit at all times.
Y. 
It shall be unlawful for any mobile vending unit to dispense products from any metered parking space in this municipality. Additionally, no vending unit shall park, even temporarily, in any no-parking area or yellow-curbed area within this municipality.
Z. 
No vending unit operating within this municipality shall remain in any fixed location for more than three minutes from its last sale to any patron. When operating within the Borough, such mobile vending unit shall park only in areas where automobiles are permitted to park and shall begin the sale within five minutes of the time in which it parks and shall leave that location within three minutes of its last sale to pedestrian patrons using said service.
[Amended 5-21-1997 by Ord. No. 97-6]
A mobile food unit is defined as any vending unit, including hand-carried portable containers in or on which food or beverage is cooled or prepared and transported for retail sale, or given away at temporary or fixed locations. All mobile food units and mobile food unit operators shall comply with the inspection provisions and standards of the Seaside Heights Health Code Ordinances. The equipment used in the vending of food and beverages shall be inspected upon application for registration and shall receive a certificate of inspection upon compliance with all applicable Seaside Heights ordinances, state statutes and all applicable sections of Chapter 12 of the New Jersey State Sanitary Code, N.J.A.C. 8:24-1 et seq. Each food and beverage vending unit shall be inspected at least once a year.
All vending units, whether in motor vehicles or not, in or from which food is prepared or sold shall comply with the following requirements:
A. 
All equipment installed in any part of the vending unit shall be secured in order to prevent movement during transit and to prevent detachment in the event of a collision or overturn.
B. 
All utensils shall be stored in order to prevent their being hurled about in the event of a sudden stop, collision or overturn. A safety knife holder shall be provided to avoid loose storage of knives.
C. 
Compressors, auxiliary engines, generators, batteries, battery chargers, gas-fueled water heaters and similar equipment shall be installed so as to be accessible only from the outside of the unit.
D. 
Vending units operating after sundown shall be lighted with at least 30 footcandles of light on all working surfaces.
[Amended 2-16-2005 by Ord. No. 05-06; 8-7-2024 by Ord. No. 2024-20]
A. 
Any person violating § 122-20 shall be subject to a mandatory fine of $125. No court appearance is required if pleading guilty to the offense.
B. 
Any person violating or failing to comply with any other provision of this article other than those specified in Subsection A above, shall, upon conviction thereof, be punishable by a fine of no less than $100 and no more than $1,250, by imprisonment not to exceed 90 days or by community service of not more than 90 days or any combination of fine, imprisonment and community service, as determined in the discretion of the Municipal Court Judge. The continuation of such violation for each successive day shall constitute a separate offense, and the person or persons allowing or permitting the continuation of the violation may be punished as provided above for each separate offense.
C. 
The violation of any provision of this chapter shall be subject to abatement summarily by a restraining order or injunction issued by a court of competent jurisdiction.