[Adopted 4-7-2008 by Ord. No. 08-15]
[Amended 3-22-2021 by Ord. No. 21-7]
No hawkers, peddlers, temporary mobile food
establishments or transient merchants shall carry on or attempt to
carry on any business, trade or occupation in the Township without
having first obtained from the Township Council a license for such
business in accordance with this article. Furthermore, all hawkers,
peddlers or transient merchants must all obtain the proper license
from the Township of Bloomfield Board of Health. No license shall
be required of any merchant establishment not transient or seasonal
in nature.
A.
FOOD CART
FOOD TRAILER
FOOD TRUCK
FOOD VEHICLE
FOOD VENDOR
PEDDLER
TEMPORARY MOBILE RETAIL FOOD ESTABLISHMENT
VEHICLE
Definitions. As used in this section, the following
terms shall have the meanings indicated:
A cart or other moveable device used on the public sidewalks
or in public places, in which ready-to-eat food is cooked, wrapped,
packaged, processed or portioned for sale or distribution, and which
is not licensed as a food truck or food trailer.
A nonmotorized vehicle designed to be towed by a motorized
vehicle that is registered and is able to be operated on the public
streets of the State of New Jersey, in which ready-to-eat food is
cooked, wrapped, packaged, processed or portioned for sale or distribution.
A motorized vehicle that is registered and is able to be
operated on the public streets of the State of New Jersey, in which
ready-to-eat food is cooked, wrapped, packaged, processed or portioned
for sale or distribution.
Collectively, a food truck, food trailer and a food cart.
The owner or operator of a food truck, food trailer or food
cart or the owner's agent; hereinafter referred to as "vendor."
A person, commonly referred to either as a "peddler" or "hawker"
or "transient merchant," who goes from place to place by traveling
on the streets for the purpose of selling to consumers from a vehicle
licensed and insured in accordance with New Jersey motor vehicle laws.
Any movable restaurant, truck, van, trailer, tent, or other
moveable unit, including hand-carried, portable containers in or on
which food or beverage is transported, stored or prepared for retail
sale or given away at temporary locations.
Means and includes cars, motor trucks, and other motor vehicles
properly registered and insured in accordance with New Jersey motor
vehicle laws. No licenses will be provided to individuals with carts
or other types of conveyance.
B.
Exemptions.
(1)
Any person holding a license issued pursuant to N.J.S.A.
45:24-9, et seq., shall be exempt from the licensing requirements
of this section; provided, however, that such a license holder shall
be required to comply with all other provisions of this section.
(2)
Any person who is soliciting on behalf of a charitable,
political or civic nonprofit organization shall be exempt from the
licensing requirements of this section; provided, however, that such
person shall be required to comply with all other provisions of this
section.
(3)
The fee requirements of this section shall not be
held to include the following persons who are expressly exempt from
such fees:
(a)
Any person selling fruits, vegetables and farm
products.
(b)
Any person honorably discharged from the military,
naval or marine forces of the United States.
(c)
Any blind person who is a resident of the Township.
(d)
Any person holding an exempt fireman certificate
in accordance with the provisions of N.J.S.A. 40A:14-56.
A.
Applications. Effective January 1, 2012, all applications
for peddlers' licenses shall be accompanied by an application/license
fee of $200 and shall be made to the Township Clerk on forms provided
by the Clerk and shall contain the following information:
[Amended 4-6-2009 by Ord. No. 09-29; 11-21-2011 by Ord. No.
11-52]
(1)
Name and permanent and local address of the applicant.
If the applicant is a corporation, the name and address of its registered
agent and each person who will actually conduct the business. All
such persons are hereinafter referred to as "applicants."
(2)
If a vehicle is to be used, its description, including
the license number.
(3)
If the applicant is employed by another, the name
and address of the employer, together with credentials establishing
the exact relationship.
(4)
Applications by partnerships shall be signed by all
partners, with the information required by this section supplied in
detail as to each partner, and applications by corporations shall
have attached individual statements containing all of the information
required by this section relating to each employee or agent who shall
engage in the licensed activity, and shall be signed by each employee
or agent.
(5)
The days of the week and the hours of the day during
which the licensed activity will be conducted.
(6)
A description of the nature of the business and the
goods, property or services to be sold or supplied.
(7)
A statement as to whether the applicant has been convicted
of any crime or the violation of any municipal ordinance other than
traffic offenses and, if so, the date and place of conviction, the
nature of the offense and the punishment or penalty imposed, and a
statement of all charges, if any, pending against the applicant.
(8)
Appropriate evidence as to the good character and
business responsibility of the applicant so that an investigator may
properly evaluate his character and responsibility.
(9)
The applicant shall provide two photographs, not over
one year old, showing the applicant's face, front and profile, of
a minimum size of 1 1/2 inches by 1 1/2 inches which shall
be affixed to the application.
(10)
The applicant shall be fingerprinted by the
Bloomfield Police Department and a criminal background check shall
be performed. Fingerprint records shall be immediately processed for
classification and identification.
B.
Investigation of applicants.
(1)
All applications shall be referred to the Chief of
Police or a police officer designated by them, who shall immediately
institute an investigation of the applicant's business responsibility,
moral character and ability to properly conduct the licensed activity
as the Chief of Police considers necessary for the protection of the
public. The applicant shall be fingerprinted and a complete background
check including criminal history shall be conducted. The investigator
shall communicate his findings in writing to the Township Clerk within
a reasonable time after the application has been filed. If the investigator's
report supports a finding that the applicant's character, ability
or business responsibility is unsatisfactory or that the products,
services or activity are not free from fraud, the Township Clerk shall
highlight the findings in a memorandum addressed to the Council for
its consideration. In any event, after the Township Clerk has received
all of the information from the applicant, including the application
fee, and the results of the background check, the Township Clerk shall
prepare a summary of the application for the Township Council who
shall review the documentation and make a determination of whether
to issue a license. The decision of the Township Council shall be
final.
(2)
Under no circumstances shall any license be issued
to any peddler unless they obtain a Type II firesafety permit from
the Bloomfield Fire Department and the application is also approved
by the Chief of Police who shall ensure traffic compliance and public
safety. All merchant establishments are also required to obtain a
Type II firesafety permit from the Bloomfield Fire Department and
the approval of the Chief of Police to ensure traffic compliance and
public safety.
(3)
No
food vehicle shall operate within the borders of the Township of Bloomfield
without first having been inspected and approved by the Bloomfield
Fire Department Fire Prevention Bureau.
[Added 3-22-2021 by Ord. No. 21-7]
(4)
No
food vehicle that is using propane shall operate within the borders
of the Township of Bloomfield without first having been inspected
and approved by the Bloomfield Fire Department Fire Prevention Bureau
and obtaining a Type-1 permit.
[Added 3-22-2021 by Ord. No. 21-7]
(5)
A
hood suppression system used in a food vehicle must be compliant with
all state and local fire codes.
[Added 3-22-2021 by Ord. No. 21-7]
C.
Issuance of license.
(1)
The license, if granted by the Township Council, shall
be issued by the Township Clerk. The Township Clerk shall issue each
license when a vehicle is to be used, bearing the words "Licensed
Peddler, Township of Bloomfield," together with the number of the
license and the expiration date written as "Expires May 1, 20___,"
and all vehicles used for the purpose of peddling as aforesaid shall
have affixed on the side thereof the name of the licensee in letters
at least two inches in height written or painted clearly and distinctly
thereon, and all peddlers not using a vehicle shall wear in a conspicuous
place a badge to be furnished by the Township Clerk containing the
same information.
[Amended 7-18-2022 by Ord. No. 22-48]
(2)
Any person, licensed as aforesaid, engaged in peddling
as aforesaid in the streets and public places of this Township shall
at all times carry with them, when so engaged, their license and shall
exhibit the same, on demand, to any police officer or Township official
requesting same.
(3)
The license shall expire on May 1 next after its issuance.
All licenses must be renewed before they expire or the license shall
be lost and the Township shall issue the license to the next applicant
the Township has or receives. Licensees who hold licenses shall not
lose their licenses as long as they are continually renewed before
expiration.
(4)
The Township Clerk shall keep a record of all such
licenses in a book to be provided for that purpose.
(5)
The
issuance of Class 1 licenses shall be limited to three licenses issued
for the Oakeside Mansion property.
[Added 3-22-2021 by Ord. No. 21-7]
(7)
Class
1 and Class 3 licensees have the option to rotate locations within
the approved locations on a quarterly basis but must negotiate and
consent to such rotation amongst themselves.
[Added 3-22-2021 by Ord. No. 21-7]
D.
License classes; term; number restricted; Class of
Licenses.
(1)
Licenses shall be divided into the following classes:
[Amended 3-22-2021 by Ord. No. 21-7]
(a)
Class 1: sales on public property. License for the sale of products within 30 feet of or within the boundaries of Township property. The Township Administrator or their designee shall determine where, in each park, the licensee may be located, giving particular consideration to the safety of the patrons approaching the vendor, and issuance shall be regulated pursuant to Subsection C above.
[Amended 7-18-2022 by Ord. No. 22-48]
(b)
Class 2: ice cream sales. License for the sale of ice cream products, frozen dessert products, water ices, frozen confectionery products and beverages from a food vehicle. The licensee may sell in any zone (except areas in which a Class 1 license is required), provided that no sale stops shall be for more than 15 minutes in any zone as indicated in § 408-12B.
(c)
Class 3: food trucks. License for the sale of food products, snacks and meals from a food truck. The licensee shall not be permitted to sell in any residential zone, and issuance shall be regulated pursuant to Subsection C above.
(d)
Class 4: sales on private property. License
for the sale of snacks and meals from a lunch truck. Licensees shall
not be permitted to sell in any residential zone and shall be limited
to sale of food on private property with the permission and invitation
of the property owner.
(e)
Class 5: Township restaurant mobile sales. License for the sale of
food products, snacks and meals by or from a food vehicle by the owner/operator
of a Bloomfield Township brick-and-mortar retail food establishment
building.
(2)
Peddler may purchase different classes of license
to allow the peddler to sell throughout the Township.
(4)
With
the exception of Class 2 ice cream sales licenses, all other license
classes enumerated in this chapter will be issued through a fair and
open process. Class 2 licenses will be issued by the Municipal Clerk's
Office.
[Added 3-22-2021 by Ord. No. 21-7; amended 5-23-2022 by Ord. No. 22-28]
No person having obtained a license under this
article shall lend or hire the same to any person, or lend or hire
or allow the use of any license, with such licensed person's name
thereon, for the purpose of peddling. All peddlers are required to
obtain a license under this article unless specifically exempted.
Peddler's licenses are specific to a person and peddlers are forbidden
to allow another person to operate under their licenses.
No peddler shall:
A.
Cart regulations: engage in the business of peddling
utilizing a vehicle or other means of conveyance not registered and
insured in accordance with New Jersey Motor vehicle laws. Carts that
are parked along the sidewalk are prohibited as the Township has determined
that sidewalks are not wide enough to support a cart and pedestrian
traffic.
B.
Location of vehicle time limits: park, station or
maintain his vehicle or allow it to remain at the same location for
more than 15 minutes unless a sale is transacted or potential customer
is actually stopped at the vehicle surveying the peddler's wares.
After each sale or survey by a potential customer, the fifteen-minute
period shall begin anew. At the expiration of the fifteen-minute period,
the peddler must move his vehicle at least 30 feet. The peddler may
not return to any location from which they have moved in accordance
with the requirements of this subsection or to any place within 30
feet of said location for two hours. This subsection shall apply to
all locations throughout the Township unless waived by the Township
Administrator in accordance with this article.
C.
Obstruction of traffic or pedestrians; litter receptacle;
receptacle requirements: park, station, or maintain his vehicle in
such a way as would substantially restrict, obstruct, interfere with
or impede the pedestrian's right-of-way; substantially restrict, obstruct,
interfere with or impede the ingress or egress from the abutting property;
create or become a nuisance; increase traffic congestion, cause or
increase traffic delay or hazards; cause, create or constitute a danger
to life, health or property; or sell food, drinks, ice cream or confections
of any kind for immediate consumption unless they have available for
public use their own litter receptacle which shall be clearly marked
and maintained for his patronage use. No peddler shall leave any location
without first picking up, removing and disposing of any and all trash
or refuse remaining from sales made by them.
D.
Unattended vehicles: leave any vehicle unattended
at any time or store, place or leave the same overnight on any public
way of the Township.
E.
Prohibited hours of sale: engage in the business of
selling between 9:00 p.m. and 7:00 a.m.
F.
Proximity to intersections: park, station, or maintain
his vehicle or his goods, wares or merchandise, or allow them to remain
at any location for sale or display or be sold if to do so would place
the seller or his goods, wares or merchandise closer than 10 feet
from intersecting streets or sidewalks.
G.
Minimum pedestrian right-of-way: park, station, or
maintain his vehicle or allow it to remain on any sidewalk if to do
so would reduce the unobstructed pedestrian right-of-way to less than
six feet.
H.
Proximity to curb cuts: engage in the business of
peddling within 10 feet of any location where the curb has been depressed
to facilitate pedestrian or vehicle movement.
I.
Receipts: engage in business at any location without
having the ability to provide a written receipt to each customer that
requests a receipt. The receipts shall show clearly the seller's name,
business address, license number, a description of the merchandise
sold and the purchase price and shall be sequentially numbered.
J.
Proximity to bus stops: engage in the business of
peddling within 60 feet of a bus stop.
K.
Proximity to fire hydrants and crosswalks: engage
in the business of peddling within 15 feet of any fire hydrant, crosswalk
or driveway.
L.
Obstructing entranceways: park, station, place, set
up or maintain his vehicle or goods at any location within 50 feet
of the entranceway to any building, store, theater, library, school,
museum, movie house, sports area or other place of public assembly.
For purposes of this subsection "entranceway" shall include a door
providing ingress and egress to such places and any recessed area
in the vicinity of the door.
M.
Placing a vehicle where parking is prohibited: place
a vehicle or conduct a general peddling business at a location in
the street where stopping, standing or parking is prohibited, or during
a time period when stopping, standing or parking is restricted.
N.
Violation of traffic parking regulation: violate any
traffic parking law, ordinance or regulation, or operate in such a
manner as to restrict the continued maintenance of a clear passageway
for vehicles.
O.
Display of tax certificate: engage in the business
of peddling without prominently displaying on his vehicle his certificate
of registration from the Director of the Division of Taxation of the
New Jersey State Department of Treasury.
P.
Peddling prohibited:
(1)
Engage in peddling on the Green, (area between Broad
Street, Beach Street, Park Place and Liberty Street); Felton Field,
(145 Floyd Avenue); Memorial Park, (231 Belleville Avenue); Vassar
Field, (606 East Passaic Avenue); Wrights Field, (303 Berkeley Avenue);
or at any public school without permission of the Board of Education.
(2)
Engage in peddling in the Township of Bloomfield in
any area without the required class license.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
[Added 3-22-2021 by Ord. No. 21-7]
A.
It shall be unlawful for anyone engaged in the business of selling
any of the items set forth in this article from vehicles to misrepresent
the character or 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 products so sold or offered for sale from such vehicles shall
comply with all the laws and local ordinances relating to food and
food products.
C.
It shall be unlawful for a temporary mobile retail food establishment
to:
(1)
Sell or offer to sell his or her products in streets where the
permitted speed limit is 30 miles per hour or more.
(2)
Sell or offer to sell their products to a person standing in
the roadway, nor shall they allow any unauthorized person to ride
in or on the vehicle.
(3)
Occupy a location in a residential zone. A street location which
immediately abuts a residential zone on either side shall be considered
a residential zone.
(4)
Occupy a temporary location in any other zone for a period longer
than 1/2 hour.
(5)
Occupy any location situated within 200 feet of the property
of any elementary, middle or high school, whether public or private,
during the school calendar year.
(6)
Occupy the same temporary location twice within one twenty-four-hour
period, regardless of the character of the zone chosen for the location
of the vehicle.
(7)
Vacate a temporary location without first removing all waste
and debris which has been caused by his or her occupancy or his or
her patrons.
(8)
A mobile vendor subject to the provisions of N.J.S.A. 39:4-128.7
shall, to the extent said statute is inconsistent with this article,
comply with the statute. Otherwise, this article shall apply.
(9)
Operate within 200 linear feet of a brick-and-mortar retail
food establishment building. This prohibition shall not apply to a
Class 5 licensee in front of their own food establishment building.
(10)
Operate on the same site more than three times per calendar
week.
D.
Food and drinks may only be sold between the hours of 6:00 a.m. to
10:00 p.m.
E.
Each establishment must place a trash can of adequate size and a
recycle can near the establishment's location. Establishments are
required to remove trash and to properly dispose of trash and recyclable
containers and materials. No trash or recyclables shall be disposed
of in receptacles owned by the Township or nonprofit corporations
or associations that place trash or recycling receptacles on the street
for use by the public.
F.
Licenses issued shall be issued for the above locations in accordance
with written procedures established by the Administrator and filed
with the Township Clerk.
G.
The Administrator is authorized to promulgate additional regulations
concerning proper behavior of the establishments.
H.
Nothing herein shall be construed to:
(1)
Permit parking in any location in violation of the general parking
ordinances of the Township of Bloomfield.
(2)
Limit the discretion of a police officer to require a temporary
mobile establishment to move from an otherwise permitted location
in the interest of public safety or the adequate movement of vehicular
or pedestrian traffic.
[Added 3-22-2021 by Ord. No. 21-7]
A.
No person shall engage in the business of conducting a wholesale, retail or mobile retail food establishment as defined herein until such person shall have first obtained from the Board of Health a license to conduct the same in accordance with Chapter 613 of this Code and shall have paid to said Board a fee as provided in the Township ordinances.
B.
It shall
be unlawful for any temporary mobile retail food establishment, as
defined in this chapter, to engage in such business in the Township
of Bloomfield, through the parking, standing or location of any truck,
wagon, cart or other mobile unit upon public lands, streets or highways
within the Township or in close proximity thereto, without first obtaining
a license to do so, said license to be obtained in compliance with
the provisions of this chapter.
A.
The Township Administrator and/or Township Council
may immediately suspend a license issued under this article for a
period of not more than 30 days, pending a hearing to revoke the license
for any of the following causes:
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(1)
Fraud, misrepresentation or false statement in any
application for a license; or
(2)
Fraud, misrepresentation, false statement or other
dishonesty in the conduct of the licensed activity; or
(3)
An alleged violation of any provisions of this article;
or
(4)
Conviction of the licensee for any felony or high
misdemeanor or a misdemeanor or disorderly person's offense involving
moral turpitude; or
(5)
Conduct of the licensed activity 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; or
(6)
Whenever a license has been issued based upon an application
pending the results of the investigation, the license may be summarily
revoked if the result of the investigation is such as would have resulted
in denial of the application.
B.
Notice of a hearing for the revocation of a license
shall be given to the licensee in writing by the Municipal Clerk.
The notice shall specifically set forth the grounds on which the proposed
revocation is based and the time and place of the hearing. The notice
shall be served by mailing a copy to the licensee at his last known
address by certified mail, return receipt requested, at least five
days prior to the date set for the hearing.
C.
At the hearing, the licensee shall have the right
to appear and be heard in his own behalf, to cross-examine opposing
witnesses and to have a permanent record made of the proceedings at
his own expense. The Township Council 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.
The Township Council may issue another license
to a person whose license has been revoked or denied 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 them, directly or indirectly, shall be issued another license
to carry on the same activity.
A.
Every licensee shall carry and maintain in force insurance
covering its operations written by an insurance company licensed to
do business in the State of New Jersey, providing the following minimum
coverage and language:
(1)
Comprehensive general liability: $500,000 (combined
single limit each occurrence).
(2)
Business automobile liability: $500,000 (each accident),
or if the license is granted to an entity that does not own any automobiles
and uses employees that would use their own automobiles to conduct
business, then employer's non-ownership automobile liability will
be accepted for the business auto insurance requirement.
B.
The Township and its agents and employees shall be
indemnified and held harmless from all claims and demands, losses
and expenses arising from the permission granted and shall be named
as an additional insured.
C.
The issuing company shall notify the Township with
10 days of the cancellation of any of the policies.
D.
The licensee shall provide proof of paid-up insurance
coverage, and in the case of not having paid the policy for a full
year, appropriate i.e., monthly, quarterly or semiannual proof shall
be provided.
[Amended 4-6-2009 by Ord. No. 09-29; 3-22-2021 by Ord. No. 21-7]
A vendor operating at a special event, party,
fair, festival or movie production where there will be a food vehicle,
with the exception of Township-organized and -sponsored special events,
is required to comply with this article. Permits for one day to three
days may be issued by the Township Clerk in lieu of the licenses required
by this article, subject to the approval of the Township Administrator,
upon payment of a fee of $100 to the Township Clerk. The application
must be filed no later than two weeks before the event. Applications
made less than two weeks before the event may be accepted up to the
day of the event at the discretion of the Township Administrator.
A late service fee may be charged not to exceed double the standard
fee. In no case may a food vehicle operate without approval by the
Township Administrator.
[Added 3-22-2021 by Ord. No. 21-7]
A vendor operating at a Township-organized and -sponsored special
event, including Bloomfield Center Alliance sponsored events, is required
to comply with this article. Permits for one day to three days may
be issued by the Township. The application must be filed no later
than two weeks before the event. Applications made less than two weeks
before the event may be accepted up to the day of the event at the
discretion of the Township Administrator.
[Amended 7-7-2008 by Ord. No. 08-29]
Any person who violates any provision of this
article shall, upon conviction thereof, be punished by a fine not
exceeding $2,000 or imprisonment for a term not exceeding 90 days
or a period of community service not exceeding 90 days, or by any
combination of such fine, imprisonment and/or community service.