[1]
Editor's Note: Ordinance history includes Ordinance Nos. 498,
518, 573, 758, 891, 1055, 1212, 1223.
As used in this ordinance, the following terms shall have the
meanings indicated:
Failure to operate any licensed peddler truck for one consecutive
year shall constitute an abandoned license.
The owner/license holder of any peddler truck from which
any ice cream or ice cream products or fruit and vegetables, or prepared
food or beverage is offered for sale to the general public, at retail.
Any liquid, non-frozen, non-alcoholic product meant for human
consumption.
Borough of Wildwood Crest.
A person who goes from place to place by traveling on the
public streets by peddler truck containing for sale ice cream, ice
cream products, water ices or frozen confectionery products of any
kind, prepared food, unprepared foods or beverages for the purposes
of selling or offering to sell them to customers from such peddler
truck as determined by the mercantile license issued by the Borough
Clerk.
A person who is an officer, registered agent, managing member
or duly authorized representative of a corporation by resolution,
or limited liability company or other corporate entity or partnership.
Shall include ice cream served in pre-wrapped manufacturer's
paper products/soft serve/hand dipped or frozen confectionery.
Shall include the applicant, peddler truck or salesperson
as defined herein.
Every peddler truck in which items regulated by this ordinance,
State or Federal regulations, and the Cape May County Department of
Health, are carried for purposes of retail sale on the streets of
the Borough of Wildwood Crest.
The sale or an offer to sell any ice cream, ice cream products,
water ices or frozen confectionery products, prepared food or fruits
and vegetables or beverage to the general public at retail, from a
peddler truck parked or otherwise situate upon any highway or other
public or private lands within the Borough of Wildwood Crest.
Pursuant to Ordinance No. 447 adopted February 14, 1973,
prepared foods shall be limited to the sale of beverages, pizza and
other prepared foods heated by microwave, excluding hot dogs.
Pursuant to Ordinance No. 447 adopted February 14, 1973,
it shall be unlawful for any person to cook or prepare for sale any
food or beverage from a peddler truck parked or otherwise situated
upon any highway or other public or private lands within the Borough
of Wildwood Crest.
Any person offering to sell any ice cream, ice cream products,
water ices, frozen confectionery, prepared food or fruits and vegetables
or beverage to the general public, at retail, from a peddler truck
parked or otherwise situate upon any highway or other public or private
lands within the Borough of Wildwood Crest.
Fruits and vegetables.
Offering food items within the scope of this ordinance for
sale from a motor peddler truck on the streets of the Borough of Wildwood
Crest.
A.
Application requirements; applicant and peddler truck. Any person,
firm or corporation desiring to engage in the business of peddling
ice cream, unprepared food and beverages within the jurisdictional
boundaries of the Borough shall apply to the Borough Clerk of the
Borough in writing on forms supplied by the Borough for said purpose
and verified by the said person.
(1)
The application, accompanied by the license fee, shall set forth:
(a)
Name, address, e-mail address, telephone number, cell phone
number, fax number, and any other contact information as may from
time to time be required.
(b)
A copy of valid driver's license, and, if applicable, a copy
of current passport.
(c)
Name and address of the owner of the peddler truck as registered
with the New Jersey Motor Vehicle Commission.
(d)
Description of said peddler truck to be licensed, to include:
[1]
Copy of peddler truck registration and license plate number;
[2]
Photograph of peddler truck and photograph showing applicant's
face (front view) representative of the applicant's appearance at
the time of the application for registration, unless production of
applicant's driver's license is deemed to be sufficient;
[3]
Copy of current insurance card and declarations page.
(e)
The interest, if any, in the peddler truck sought to be licensed to engage in the business defined in § 40-16 hereof of any person, firm or corporation, limited liability company, partnership or other corporate entity, other than the applicant, and the address of such person, firm, corporation, limited liability company, partnership or other corporate entity. If leased, a copy of the lease agreement must be provided.
(f)
Three business references.
(g)
Names and current addresses of peddler truck operators and salespersons
authorized to be operating or employed on said peddler truck, and
copies of valid driver's licenses for any such operator of the peddler
truck.
(h)
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. Applicant
must also provide a statement as to whether or not applicant has ever
had a license to conduct the business sought to be registered and
whether or not applicant ever had a license denied or revoked and,
if so, set forth the details thereof.
(i)
Proof of insurance policy or policies as recommended by the
Atlantic County Joint Insurance Fund or current Borough of Wildwood
Crest insurance carrier issued by an insurance company or companies
licensed to do business in the State of New Jersey protecting the
registrant and the Borough from all claims or damages to property
and bodily injury, including death, which may arise from operations
under or in connection with the vending, hawking or peddling of such
goods and/or which may arise from the operation of peddler truck.
Such insurance shall name as an additional insured the Borough of
Wildwood Crest and shall provide that the policy shall not terminate
or be cancelled prior to the expiration date without 30 days advance
written notice to the Borough of Wildwood Crest. The amounts of insurance
required shall be the minimum requirements of the Atlantic County
Joint Insurance Fund or current Borough of Wildwood Crest insurance
carrier.
(j)
If applicant is a corporation, limited liability company, or
other corporate entity, the name, address, telephone number, email
address of its registered agent as filed with the New Jersey Department
of State.
(2)
The owner/applicant or duly authorized agent thereof shall be fingerprinted
when making an initial application and thereafter if the Chief of
Police/Director of Public Safety determines that fingerprints are
necessary for proper identification. The fingerprint records shall
be immediately processed for classification and identification.
(3)
Where the applicant is a corporation, limited liability company, partnership or other corporate entity, all subsections hereof shall be applicable to each officer, director or holder of 10% of the issued stock of the corporation. Where the applicant is a partnership, limited liability company or other corporate entity, all subsections hereof shall be applicable to all members holding 10% or more interest in said partnership or limited liability company or other corporate entity. Any change in ownership shall be reported within three business days of the change and a revised application form shall be submitted in accordance with Subsection A(1) through (3).
B.
Salesperson license. Anyone desiring a license as a salesperson upon or from any peddler truck under this ordinance, including an applicant under Subsection A above, shall apply in writing to the Borough Clerk on forms supplied by the Borough and verified by the applicant. Every said application shall be accompanied by the prescribed license fee and two recent photographs (not less than two by two inches in size) of the applicant.
(1)
The salesperson's application, accompanied by the license fee hereinafter
fixed, shall set forth:
(a)
Name, address, e-mail address, telephone number, cell phone
number, fax number, and any other contact information as may from
time to time be required.
(b)
Copy of current driver's license and, if applicable, a copy
of current passport.
(c)
All permanent home addresses of the applicant within the last
one year.
(d)
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.
(e)
Whether or not the applicant is the holder of a license under
N.J.S.A. 45:24-9, et seq. If so, the license number, date of issue,
name of county where issued and whether it is still in force and effect.
(f)
The name and address of the applicant's employer.
(2)
The applicant shall be fingerprinted when making his initial application and thereafter if the Chief of Police/Director of Public Safety determines that fingerprints are necessary for proper identification. The fingerprint records shall be immediately processed for classification and identification in accordance with Chapter 53 of the Code of the Borough of Wildwood Crest, § 53-34C.
C.
Any change in any of the statements contained in any application
referred to in this section shall be communicated to the Borough Clerk
within three business days of any such change having occurred.
Each application shall be referred to the Chief of Police/Director
of Public Safety, or his designee, who shall immediately institute
whatever investigation of the applicant's business responsibility
and moral character, in the case of owner, and of moral character
only in the case of a salesperson, as is considered necessary for
the protection of the public. The findings of the Chief of Police/Director
of Public Safety, or his designee, shall be communicated in writing,
together with any recommendations which he may have, to the Borough
Clerk within a reasonable time after the application has been filed.
The Borough Clerk shall communicate such findings to the Board of
Commissioners at their next regular meeting and shall consider the
application and the report. If, based upon the information contained
in the application and the report, there is no adverse showing with
respect to the applicant's business responsibility and moral character
and that the products, services or activity are free from fraud, in
the case of an owner, or there is no indication that the applicant's
moral character is unsatisfactory, in the case of a salesperson, the
Board of Commissioners shall approve the application and the Borough
Clerk shall then issue the license immediately, provided that the
required license fees have been paid, and further provided that there
are authorized, but unissued, licenses of the type applied for then
available. If the Board of Commissioners is unable to determine that
the application is qualified as hereinabove indicated, then it shall
forthwith transmit notice to that effect to the applicant, which notice
shall establish a date for a hearing to be held, not more than 10
business days from the date of such notice, at which time the applicant
shall have the right to be represented by counsel, call witnesses
on his, her or its behalf and cross examine witnesses produced in
opposition to this application, and the applicant shall have such
other right as are necessary in order to ensure due process. If, after
considering the application, the report and the evidence adduced at
the hearing, the Commissioners determine that the applicant is not
qualified, the license applied for shall be denied. If the Board of
Commissioners, following the hearing, determines that the applicant
is qualified, then it shall approve the application and the Borough
Clerk shall then issue the license immediately, provided that the
required license fees have been paid, and further provided that there
are authorized, but unissued, licenses of the type applied for then
available.
A.
The number of licenses issued under this ordinance to peddler trucks
vending products described herein shall be as follows:
(1)
Ice cream, ice cream products, water ices, frozen confectionery -
shall be limited to the existing seven licenses. Nothing herein shall
be deemed to prohibit renewal of these licenses, provided that such
license is not abandoned by the licensee. Should any license be deemed
abandoned, there shall be no license issued in its stead.
(2)
Unprepared foods - shall be limited to the existing three licenses.
Nothing herein shall be deemed to prohibit renewal of these licenses,
provided that such license is not abandoned by the licensee. Should
any license be deemed abandoned, there shall be no license issued
in its stead.
B.
All available licenses shall be issued in the order in which completed
applications are received and deemed to be complete and cleared for
issuance subject to the provisions of N.J.S.A. 45:24-9, N.J.S.A. 39:4-128.5,
and all other State, County and local regulations. Licenses shall
be issued when the applicant provides proof of current insurance,
current vehicle registration and inspection and satisfactory health
inspection report to the Borough Clerk. Licenses shall be issued as
authorized by the Board of Commissioners by resolution.
A.
A license for a peddler truck shall entitle the applicant named therein to engage in the businesses mentioned in § 40-16 hereof. Such license shall not be transferable or assignable. Upon the issuance of a license, the Borough Clerk shall furnish the peddler truck licensee with a plate, badge or other evidence corresponding to the number of the license and the year in which it is issued. The plate, badge or other evidence shall be displayed at all times in a conspicuous part of the licensed peddler truck. Such evidence shall be exhibited on demand to any member of the Wildwood Crest Police Department and to any agent of any local, County or State agency, including the Cape May County Department of Health and shall be considered to be a matter of public record.
B.
A salesperson's license shall entitle the person named thereon to sell or offer to sell such products mentioned in § 40-16 hereof from a licensed peddler truck and shall not be transferable to any other person. Upon the issuance of a salesperson's license, the Borough Clerk shall furnish the salesperson licensee with a card, badge or other evidence containing the name of the salesperson licensee, the number of the license and the year in which it is issued. Such card, badge or other evidence shall be carried upon the person of the salesperson at all times that he is engaged in the sale of products mentioned in § 40-16 hereof from a licensed peddler truck. Such evidence shall be exhibited on demand to any member of the Wildwood Crest Police Department and to any local, County or State agency, including the Cape May County Department of Health and shall be considered to be a matter of public record.
C.
Any certificate of health compliance issued by the Cape May County
Health Department shall be conspicuously displayed on the peddler
truck in clear view of the public. No peddler truck shall be permitted
on the streets or sidewalks of the Borough of Wildwood Crest without
such a certificate of health compliance.
[Amended 11-3-2021 by Ord. No. 1365]
Licenses issued pursuant to the provisions of this ordinance
shall be good only for the calendar year in which issued and shall
be effective only from the date of issue each year. Any license once
issued shall be renewed, provided that such license has not been abandoned
by the licensee or suspended or revoked by the Board of Commissioners
during the term of the license. Any complaints from the public or
local, County or State agencies, including the Cape May County Health
Department, shall be considered by the Board of Commissioners prior
to the license being renewed. A license shall be conclusively deemed
to have been abandoned if an application for renewal, accompanied
by the requisite fee, is not received on or before the first day of
May following the expiration of such license and/or if a peddler truck
for which the license has been previously issued has not been in operation
for a period of one or more years. Notwithstanding the foregoing,
the license of any salesperson whose employment has been terminated
will expire upon cessation of employment, and such license must be
forthwith surrendered to the Borough Clerk of the Borough. No part
of the license fee will be returned. Should such salesperson later
resume employment with the same or a different licensed employer in
the same calendar year, the license will be reissued upon application
being filed. No investigation will be required, nor will any additional
fee be charged.
All licenses issued under this ordinance must have a current
operating peddler truck, and failure to have such peddler truck may
result in the revocation of the license if the peddler truck is not
operable or currently operating for a period of one year.
The license fees to be imposed by this ordinance, which license
fees are imposed for the purpose of regulating the businesses hereinabove
defined, in the interest of public health and welfare are as follows:
A.
License fees for all licenses issued and license fees for each salesperson
on any peddler truck shall be as provided for in the current mercantile
license ordinance of the Code of the Borough of Wildwood Crest. In
addition thereto, any currently charged Wildwood Crest Tourism Development
Commission fee or assessment and any currently charged Greater Wildwood
Tourism Improvement District Authority fee or assessment shall also
be paid prior to any license being issued.
B.
Every person holding a validly issued and effective license under
the provisions of N.J.S.A. 45:24-9 et seq., applying for a salesperson's
license shall receive the license applied for without fee, provided
that all other provisions of this ordinance are complied with.
[Amended 3-21-2018 by Ord. No. 1272-2018]
A.
It shall be unlawful to engage in the business of peddling ice cream,
prepared food, unprepared food or beverages of any kind from peddler
trucks in the Borough without first obtaining a mercantile license
therefor pursuant to the provisions of this article.
B.
It shall be unlawful for anyone engaged in the business of peddling
ice cream, or prepared food, unprepared food or beverages from any
peddler trucks to misrepresent the character or the quality of the
merchandise offered for sale or to importune or otherwise annoy any
person or persons for the purpose of affecting a sale.
C.
All ice cream, and all prepared food, unprepared food and beverages
which shall be sold or offered for sale from such peddler trucks shall
comply with all local, County and State regulations relating to food
and food products; and such peddler truck and products shall be maintained
at all times in a clean and sanitary condition. Proof of an annual
health inspection by the Cape May County Department of Health shall
be required before operation of any peddler truck.
E.
Time and place of operation of peddler trucks.
(1)
It shall be unlawful for any person engaged in the business of selling
or offering to sell ice cream, or prepared food, unprepared food or
beverages to park any peddler truck on any public street, road or
other public place for the purpose of engaging in such business for
a continuous period longer than 20 minutes within any given hour.
(2)
No peddler truck shall be parked within 200 feet of any public or
private school while school is in session or any place of worship
while services are in session.
(3)
No more than one peddler truck will be permitted in any one block
or within 200 feet of each other a block for this purpose is defined
as an area of street between two intersecting streets or between one
intersecting street and a dead end at any one time. Once having remained
in a given location for the maximum permissible time, the peddler
truck shall move to a new location, which shall not be less than 200
feet or one block of the former location.
(4)
No peddler truck shall be parked within 200 feet of any retail establishment
or business licensed pursuant to the Code of the Borough of Wildwood
Crest to sell food or beverages of any kind; this provision specifically
excludes coin-operated vending machines and shall be applicable only
during the time periods that such retail establishment or business
is open to the public.
(5)
Notwithstanding any other provision to the contrary in this § 40-23, any peddler truck parked within 200 feet of Centennial Park during any Borough concert event, or other event, shall be subject to the direction and control of the Recreation Department Director, or his designee, and the Police Department; which control shall include, but not be limited to the times and locations peddler trucks may operate and park and the number of peddler trucks which may be parked at any one time within said area during an event.
F.
It shall be unlawful for any person engaged in the business of selling
or offering to sell ice cream, prepared food, unprepared food or beverages
to deposit or leave any paper wrappings, refuse or other materials
upon any street or sidewalk or public place; and every peddler truck
engaged in selling such products shall be conspicuously equipped with
a can or other receptacle for the collection and disposal of the wrappings
or containers of the products vended therefrom.
G.
No salesperson shall transact business from a peddler truck unless
it is properly parked immediately adjacent to the curb of a public
street in a permitted locality, nor shall a licensee at any time double
park his peddler truck while transacting business, nor transact business
other than on the curb side of his peddler truck. No vendor shall
solicit or conduct business with persons in motor vehicles. All sales
are to be conducted from the curbside of the peddler truck to pedestrians.
No peddler truck shall exceed 26 feet in length including any attachment
to the truck that is on either the front or rear of the peddler truck.
H.
No licensee shall be permitted to use any device creating noise to
alert consumers to or attract consumers to the presence of the peddler
truck prior to 8:00 a.m. or after 10:00 p.m.; any such noise creating
devise may only be used during the time period the peddler truck is
permitted to be stationary and shall not be permitted while the peddler
truck is being operated in motion. No licensee shall be permitted
to operate between the hours of 11:00 p.m. and 8:00 a.m.
I.
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
or cause immediate harm. A license granted under this ordinance does
not authorize the sale of merchandise from any fixed location, which
is specifically prohibited.
J.
All licensees and any peddler trucks used by them in the course of
the licensed activity shall fully comply with all of the provisions
of this ordinance, all other applicable municipal ordinances and all
applicable State or Federal laws or regulations, particularly those
which deal with the protection of the public health, safety and welfare.
K.
The Board of Commissioners, by resolution, may make rules and regulations
which interpret or amplify any provisions of this ordinance or for
the purpose of administering the provisions of this ordinance or making
them more effective, including but not limited to the right to reasonably
limit and regulate the area, days and time within which the licensees
may peddle or solicit by and under the provisions of this ordinance.
No regulations shall be inconsistent with or alter or amend any provision
of this ordinance and no regulation shall impose any requirement which
shall be in addition to or greater than the requirements that are,
expressly or by implication, imposed by any provision of this ordinance.
L.
Adherence to statutory provisions.
(1)
It shall be unlawful for any person, engaged in the business of selling
or offering to sell ice cream, prepared food, unprepared food or beverages
to operate, on the streets and highways of the Borough, the peddler
truck from which the sale of such ice cream, as proposed to be conducted,
until and unless such peddler truck comports with all equipment requirements
as provided by the provisions of N.J.S.A. 39:4-128.5, frozen dessert
truck; equipment, and any and all local, County and State vehicle
regulations which may be applicable.
In addition to being subject to the penalties provided in § 40-25 of this ordinance, any license issued under this ordinance may be revoked or suspended by the Board of Commissioners for any misstatement in any application or for any violation of this ordinance. No license shall be revoked or suspended until the licensee has been afforded a hearing before the Board of Commissioners, except that the Board of Commissioners of the Borough of Wildwood Crest reserves the right to immediately suspend or revoke any license issued hereunder if same is deemed necessary to protect the public health, safety and welfare or if the business is being operated in such a manner as to create a public nuisance. Should any license be revoked or suspended, no part of the license fee shall be refunded.
A.
Any person who violates any provision of this ordinance shall be
subject to a civil penalty for each offense of not more than the maximum
penalty allowed as currently established by N.J.S.A. 40:49-5 and any
amendments thereto. (Said penalty is currently $2,000. If the violation
is of a continuing nature, each day during which it occurs shall constitute
an additional separate and distinct offense for which a penalty shall
be assessed.
B.
In addition to the Borough of Wildwood Crest, authorized agents of
the Cape May County Department of Health and/or any other local, County
or State enforcement agency shall be empowered to enforce the provisions
of this ordinance and to make complaints that may result in arrest
for the violation of any of the terms and provisions hereof.
