City of Paterson, NJ Chapter 243 Food Vending Vehicles

[HISTORY: Adopted by the City Council of the City of Paterson 12-18-1979 by Ord. No. 79-111 as Ch. 13, Art. 5, of the 1979 Revised General Ordinances of Paterson. Amendments noted where applicable.]

GENERAL REFERENCES

Food and beverage vending machines — See Ch. 227.

Retail food establishments — See Ch. 231.

Food handler's certificate — See Ch. 235.

Preparation and sale of food — See Ch. 239.

Sale of ice — See Ch. 279.

Milk and milk products — See Ch. 325.

Ice cream peddlers — See Ch. 367, Art. II.

§ 243-1 Definitions.

[Amended 2-9-2016 by Ord. No. 16-006]

As used in this chapter, the following terms shall have the meanings indicated:

ADDITIONAL DRIVER/OPERATOR

A driver or operator of the food vending vehicle other than the owner.

FOOD VENDING VEHICLE

Includes all vehicles and carts from which food and foodstuffs are offered for retail sale or delivery to consumers or other persons on the public sidewalks, streets and highways, also including all peddlers within the scope of Chapter 367, Article II, entitled "Ice Cream Peddlers."

PUSH CART

Any nonmotorized cart or such that is transported by human means from an approved source and approved for use by the Paterson Division of Health or his/her designee prior to issuance of license.

§ 243-2 License requirements and change of ownership.

[Amended 12-16-2003 by Ord. No. 03-095; 2-9-2016 by Ord. No. 16-006]

A. No person shall offer any food for sale from a food vending vehicle in the City without first obtaining a license therefor from the Paterson Division of Health.

B. An applicant and any additional driver/operator for a food vending vehicle license shall hereby be deemed to consent to the check by the Passaic County Sheriff's Office or the New Jersey State Police of both his motor vehicle record and his criminal record. In addition, an applicant and any additional driver/operator shall be fingerprinted by the NJ authorized vendor at their own expense.

C. To assist the Passaic County Sheriff's Office or the New Jersey State Police make the required record checks, an applicant and any additional driver/operator shall submit a copy of the applicant's motor vehicle license and any other document requested and reasonably necessary for the completion of the required record checks, including, but not limited to, his social security number, certified motor vehicle abstract and a certified certificate of disposition for any criminal or quasicriminal matters that an applicant may have.

D. A food vending vehicle license shall not be issued where the Director of the Division of Health or his designee may reasonably conclude, based upon the information contained in an applicant's or any additional driver/operator's application or relating thereto, that the issuance of said license would be detrimental to the health or safety of the public, such as, for example, where an applicant or any additional driver/operator seeking a license for a motorized food vending vehicle does not have a valid motor vehicle license.

E. No license issued under this chapter shall be transferable from one person to another.

F. Each applicant shall present proof that he or she is a citizen of the United States or a legal resident eligible to hold gainful employment in the United States. Each applicant shall be required to produce a certificate of registration from the Director of the Division of Taxation of the New Jersey State Department of Treasury. Each applicant who possessed a license during the preceding year shall present proof of payment of New Jersey sales tax required pursuant to N.J.S.A. 54:32B-1 et seq.

G. Both the applicant and any additional driver/operator must have a valid food handler certificate prior to the issuance of a food vending vehicle license.

§ 243-3 Annual license fee and late fees.

[Amended 10-19-1982 by Ord. No. 82-026; 12-27-1988 by Ord. No. 88-047; 7-9-1991 by Ord. No. 91-034; 11-22-1994 by Ord. No. 94-076; 2-21-1995 by Ord. No. 95-011; 10-27-1998 by Ord. No. 98-073; 12-16-2003 by Ord. No. 03-095; 2-9-2016 by Ord. No. 16-006]

A. The annual fee for the license for food vending vehicles dealing only with prepackaged foods, such as but not limited to soft drinks, candy, snacks, ice cream excluding soft-serve and scooped, etc., which are packaged, manufactured or processed at an approved licensed facility, shall be $250, to be increased as of January 1, 2016, to $390, payable to the Paterson Division of Health before issuance of the license.

B. The annual fee for the license for food vending vehicles that prepare food on site, regardless of whether they also offer prepackaged foods manufactured or processed at an approved licensed facility, shall be $300, to be increased as of January 1, 2016, to $440, payable to the Paterson Division of Health before issuance of the license.

C. The fee for each additional driver/operator shall be $50.

D. A late fee of $25 per month shall be assessed for an applicant applying after January 31. All food vending vehicles must come into compliance with all Paterson Division of Health requirements by March 31.

§ 243-4 Display of license and other requirements.

[Added 7-9-1991 by Ord. No. 91-034; amended 2-9-2016 by Ord. No. 16-006]

A. The license shall be posted in a conspicuous place on the vehicle licensed under this chapter.

B. Clean-up and removal of litter generated by the food vending vehicle and its patrons shall be the responsibility of the food vending vehicle owner/operator.

C. A preoperational inspection is required prior to operating or any other time deemed necessary by the Paterson Division of Health.

D. All food items must be approved for sale by the Division of Health and shall be prepared according to Division of Health specifications and also in accordance with N.J.A.C. 8:24 et seq.

E. All machinery used in the preparation of food items must be approved by the Division of Health.

F. All products sold, disposed of or offered for sale under this article shall comply with all state laws and ordinances of the City relating to food and food products.

G. The hours of operation of an ice cream peddler subject to the provisions of this chapter shall not be earlier than 8:00 a.m. nor later than 10:00 p.m. the same day. The Paterson Police Department shall enforce the said time provisions after 4:30 p.m.

§ 243-5 Compliance with other laws.

No license shall issue unless and until it is established that the food vending vehicle and its food handlers comply fully with all ordinances and state codes appertaining to the sale, preparation and protection of food and foodstuffs.

§ 243-6 Parking restriction.

[Amended 10-19-1982 by Ord. No. 82-026; 11-22-1994 by Ord. No. 94-076; 12-16-2003 by Ord. No. 03-095; 2-14-2006 by Ord. No. 06-013; 2-9-2016 by Ord. No. 16-006]

A. The sale or attempted sale of goods from a food vending vehicle while it is parked on a public street in a residential area shall be prohibited, except for the sale or attempted sale of ice cream products, as described by Chapter 367, Article II.

B. No person shall station, place, set up or maintain his cart or goods at any location:

(1) Between the curbline and an entranceway to any building, store, library, school, museum, or other place of public assembly; or

(2) On the portion of the sidewalk or roadway abutting a food licensee with a fixed location.

C. For purposes of this section, "entranceway" shall include a door providing ingress and egress to such places and any recessed area in the vicinity of the door.

§ 243-7 Expiration of licenses.

[Added 12-16-2003 by Ord. No. 03-095[1]; amended 2-9-2016 by Ord. No. 16-006]

A. The term of said licenses shall expire on December 31 of the same calendar year said license was issued, regardless of the date said license was issued.

B. An application is considered new each year.

[1] Editor's Note: This ordinance also provided for the redesignation of former § 243-7, Violations and penalties, as § 243-8.

§ 243-8 Violations and penalties.

[Amended 7-9-1991 by Ord. No. 91-034; 12-19-1995 by Ord. No. 95-068; 12-16-2003 by Ord. No. 03-095]

A. Any person who violates any provision of this chapter and the amendments or supplements thereto shall, upon conviction thereof, be punished by a fine of not less than $100 and not exceeding $1,000, by imprisonment for a term not exceeding 90 days or by a period of community service for not more than 90 days, or any combination thereof. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.

B. In addition to the penalties set forth herein, any person operating a food vending vehicle or cart who violates any provisions of this article, or the applicable provisions of Chapter 24 of the New Jersey State Sanitary Code, the vehicle or cart shall be deemed a public safety hazard. Accordingly, in the instance of such violation the vehicle or cart in question may be impounded (and, in the instance of an operator not bearing the required license, shall be impounded) by either the Paterson Police Department, Division of Health or the Department of Public Works. In the event that any such vehicle is impounded, the vehicle, cart, or truck may be redeemed by the person upon payment of the cost of impounding and the storage charges established by the Department of Public Safety. The said storage charge and cost of impounding shall be the same as are established for the impounding of motor vehicles.

[Added 2-9-2016 by Ord. No. 16-006]