[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:
ABANDONED LICENSE
Failure to operate any licensed peddler truck for one consecutive year shall constitute an abandoned license.
APPLICANT
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.
BEVERAGE
Any liquid, non-frozen, non-alcoholic product meant for human consumption.
BOROUGH
Borough of Wildwood Crest.
BUSINESS OF PEDDLING OR PEDDLER
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.
CORPORATE AGENT
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.
ICE CREAM
Shall include ice cream served in pre-wrapped manufacturer's paper products/soft serve/hand dipped or frozen confectionery.
LICENSEE
Shall include the applicant, peddler truck or salesperson as defined herein.
PEDDLER TRUCK
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.
PEDDLING
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.
PREPARED FOODS
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.
PREPARING FOODS
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.
SALESPERSON
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.
UNPREPARED FOODS
Fruits and vegetables.
VEND OR VENDING
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.
[1] 
If applicant is a corporation, limited liability company or any other corporate entity or partnership, set forth:
[a] 
Name of entity and copy of certificate of formation for such entity and certificate of good standing;
[b] 
Email address;
[c] 
Telephone number;
[d] 
Fax number;
[e] 
Website.
(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.
C. 
All fees referenced in subsections A and B above are in addition to any tourism assessments imposed by the State of New Jersey, County of Cape May or any other governmental or quasi-governmental entity.
[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.
D. 
Ice cream shall be served in the following manner:
(1) 
In pre-wrapped manufacturer's paper product or container;
(2) 
Soft serve/hand dipped/frozen confectionery: Must be served in a cone, bowl or cup.
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.