Township of Bloomfield, NJ Hawkers, Peddlers, Temporary Mobile Food Establishments and Transient Merchants

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.

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.

The fee requirements of this section shall not be held to include the following persons who are expressly exempt from such fees:

Any person selling fruits, vegetables and farm products.

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.

§ 408-10 Applications for licenses; investigations; issuance; classes; number.

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]

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."

If a vehicle is to be used, its description, including the license number.

If the applicant is employed by another, the name and address of the employer, together with credentials establishing the exact relationship.

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.

The days of the week and the hours of the day during which the licensed activity will be conducted.

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.

Investigation of applicants.

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.

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.

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]

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]

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]

Issuance of license.

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]

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.

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.

The Township Clerk shall keep a record of all such licenses in a book to be provided for that purpose.

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]

The issuance of Class 3 licenses shall be limited as follows:

[Added 3-22-2021 by Ord. No. 21-7]

One designated location at the Lackawanna Train Station.

Two designated locations at the Watsessing Train Station.

(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]

License classes; term; number restricted; Class of Licenses.

Licenses shall be divided into the following classes:

[Amended 3-22-2021 by Ord. No. 21-7]

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]

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.

Peddler may purchase different classes of license to allow the peddler to sell throughout the Township.

Number of licenses. The number of licenses issued by the Township shall be restricted as follows:

[Amended 3-22-2021 by Ord. No. 21-7]

Class 1: three licenses.

Class 2: three licenses.

(c)

Class 3: three licenses.

(d)

Class 4: three licenses.

(e)

Class 5: three licenses.

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]

§ 408-11 License nontransferable.

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.

§ 408-12 Prohibited conduct and use regulations.

No peddler shall:

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.

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.

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.

Unattended vehicles: leave any vehicle unattended at any time or store, place or leave the same overnight on any public way of the Township.

Prohibited hours of sale: engage in the business of selling between 9:00 p.m. and 7:00 a.m.

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.

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.

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.

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.

Proximity to bus stops: engage in the business of peddling within 60 feet of a bus stop.

Proximity to fire hydrants and crosswalks: engage in the business of peddling within 15 feet of any fire hydrant, crosswalk or driveway.

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.

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.

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.

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.

Peddling prohibited:

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.

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)]

§ 408-12.1 Regulations and restrictions for temporary mobile retail food establishments.

[Added 3-22-2021 by Ord. No. 21-7]

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.

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.

It shall be unlawful for a temporary mobile retail food establishment to:

Sell or offer to sell his or her products in streets where the permitted speed limit is 30 miles per hour or more.

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.

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.

Occupy a temporary location in any other zone for a period longer than 1/2 hour.

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.

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.

Food and drinks may only be sold between the hours of 6:00 a.m. to 10:00 p.m.

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.

Licenses issued shall be issued for the above locations in accordance with written procedures established by the Administrator and filed with the Township Clerk.

The Administrator is authorized to promulgate additional regulations concerning proper behavior of the establishments.

Nothing herein shall be construed to:

Permit parking in any location in violation of the general parking ordinances of the Township of Bloomfield.

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.

§ 408-12.2 Board of Health; license required for temporary mobile retail food establishments.

[Added 3-22-2021 by Ord. No. 21-7]

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.

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.

§ 408-13 Suspension or revocation of license.

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)]

Fraud, misrepresentation or false statement in any application for a license; or

Fraud, misrepresentation, false statement or other dishonesty in the conduct of the licensed activity; or

An alleged violation of any provisions of this article; or

Conviction of the licensee for any felony or high misdemeanor or a misdemeanor or disorderly person's offense involving moral turpitude; or

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

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.

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.

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.

§ 408-14 Reinstatement of revoked licenses.

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.

§ 408-15 Insurance requirements.

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:

Comprehensive general liability: $500,000 (combined single limit each occurrence).