[Amended 1-24-2018 by Ord. No. 1264-2018]
As used in this ordinance, the following terms shall have the meanings indicated:
PORTABLE VENDING UNIT
A device or structure capable of being towed by a vehicle or person, the primary purpose of such device or structure being for the preparation and/or sale of hotdogs and hotdog related food products: referred to hereinafter as "vending unit."
SALESMAN, OPERATOR, ATTENDANT OR VENDOR
An individual person that operates and/or sells merchandise from a vending unit.
[Amended 1-24-2018 by Ord. No. 1264-2018]
A. 
Any person, firm or corporation desiring to engage in the business of maintaining a vending unit on the streets of the Borough of Wildwood Crest shall apply to the Borough Clerk of the Borough of Wildwood Crest for a mercantile license for said vending unit, in writing, on the forms supplied by the Borough of Wildwood Crest for said purpose and verified by said person.
B. 
Any person, firm or corporation applying for said license shall be the registered owner of said unit.
C. 
No person, firm or corporation shall be granted a license for more than one unit in the Borough of Wildwood Crest.
D. 
Requirements.
(1) 
The application, accompanied by the license fee hereinafter fixed, shall set forth:
(a) 
The name and address of the owner applicant.
(b) 
The places of residence of the applicant for registration for the past five years.
(c) 
The driver's license number.
(d) 
A description of the nature of the business pro-posed, together with a detailed description of products to be offered for sale from the vending unit.
(e) 
A description of the vending unit to be utilized, including the registration number and license plate number if said vending unit is a registered motor vehicle trailer, and the address of location of storage of the vending unit.
(f) 
The name and address of the insurance carrier and the insurance policy number and coverage.
(g) 
The names and addresses of the persons, firms or corporations from whom food products to be vended have been or will be purchased.
(h) 
Three business references.
(i) 
Whether or not the applicant has ever had a license to conduct the business sought to be registered and whether he ever had a license to conduct said business denied or revoked and, if so, setting forth the details thereof.
(j) 
A statement as to whether the applicant has been convicted of any crime or the violation of any municipal ordinance or moving traffic violations and, if so, the date and place of conviction, the nature of the offense and the punishment or penalty imposed.
(k) 
The names and addresses of salespersons authorized to operate said vending unit.
(l) 
Proof of an insurance policy issued by an insurance company licensed to do business in the State of New Jersey protecting the registrant and the Borough of Wildwood Crest from all claims or damages to property and bodily injury, including death, which may arise from operations under or in connection with the vending unit. Such insurance shall name as an additional insured the Borough and shall provide that the policy shall not terminate or be canceled prior to the expiration date without 30 days' advance written notice to the Borough. The amounts of the insurance to be maintained are: personal injury, $100,000 per person, $300,000 per occurrence; property damage, $50,000.
(m) 
A copy of an approved application for a Health Certificate.
(2) 
The applicant shall be fingerprinted when making an initial application and thereafter if the Chief of Police determines that fingerprints are necessary for proper identification. The fingerprint records shall be immediately processed for classification and identification.
(3) 
Upon satisfactory completion of the licensing process and upon payment of the license fee in accordance with § 40-4 there shall be issued a mercantile license addressed to the applicant to conduct the business applied for. This certificate shall be displayed on the vending unit in clear view of the public at all times.
(4) 
A certificate of health compliance issued by the designated Health Officer of the Borough of Wildwood Crest shall be conspicuously displayed on the vending unit in clear view of the public. No vending unit shall be permitted on the streets or sidewalks of the Borough of Wildwood Crest without such current certification of health compliance.
(5) 
Where the applicant is a partnership, firm or corporation, all subsections hereof shall be applicable to each officer, director or holder of 10% of the issued stock of the corporation and all members of a partnership or firm.
(6) 
Licenses shall not be assignable or transferable.
A. 
Anyone desiring to act as a salesperson upon or from any vending unit under this ordinance, including an applicant under § 40-30A above, shall be the holder of a vendor's license under N.J.S.A. 45:24-9 et seq., and shall register, in writing, with the Borough Clerk on forms supplied by the Borough of Wildwood Crest and verified by the applicant. Every such registration shall be accompanied by a copy of said vendor's license and two recent photographs [not less than two by two inches in size] of the registrant.
(1) 
The registration statement shall set forth:
(a) 
The name and address of the registrant.
(b) 
The place of residence of the registrant for the past five years.
(c) 
The driver's license number.
(d) 
The names and addresses of the registrant's employer.
(e) 
A statement as to whether the applicant has been convicted of any crime or the violation of any municipal ordinance or moving traffic violations and, if so, the date and place of conviction, the nature of the offense and the punishment or penalty imposed.
B. 
The registrant shall be fingerprinted when making an initial application and thereafter if the Chief of Police determines that fingerprints are necessary for proper identification. The fingerprint records shall be immediately processed for classification and identification.
C. 
Upon compliance with the registration procedure, the registrant will be issued a municipal vendor's registration card.
D. 
An applicant under § 40-30A above, who is an active duty exempt fireman, may have an assistant sales person who is not a holder of a vendor's license under N.J.S.A. 45:24-9 et seq., provided that the assistant sales person complies with the following provisions:
[Added 6-21-2023 by Ord. No. 1401]
(1) 
The assistant sales person shall be subject to the provision of this Article III.
(2) 
The assistant sales person may only perform his or her function to assist the registered sales person while the registered sales person is present at the vending unit. In the event the registered sales person is responding to a fire call, the assistant sales person may then operate the vending unit only during the time period the registered sales person is attending the fire call.
The operation of vending units shall be subject to the following regulations:
A. 
No vending unit shall be permitted upon the streets and sidewalks of the Borough of Wildwood Crest without a current mercantile license.
B. 
Any portable vending unit unregistered as a motor vehicle trailer with the Division of Motor Vehicles of the State of New Jersey shall not be allowed on the streets of the Borough.
C. 
No vending unit shall be permitted upon the streets and sidewalks of the Borough of Wildwood Crest unless in operation and attended by the properly registered holder of a vendor's license under N.J.S.A. 45:24-9, and a municipal vendor's registration card.
D. 
There shall be no sale of food or beverage for immediate consumption unless the vendor has made available for public use a litter receptacle attached to the vending unit.
E. 
A vending unit shall not be removed from any location without the attendant first picking up, removing or dis-posing of all trash or refuse remaining from the sales made by said vending unit. No litter shall be swept or deposited into any gutter, street or drain or storm sewer.
F. 
No items relating to the operation of the vending business shall be placed or allowed to be placed anywhere other than in or on the vending unit.
G. 
No operator of any vending unit shall set up, maintain or permit the use of any table, crate, carton or rack or other device to increase the selling or display capacity of his vending unit. There shall be no stacking of items to be sold upon any sidewalk or street.
H. 
No operator of a vending unit shall solicit or conduct business with persons in motor vehicles.
I. 
No operator of a vending unit shall offer for sale anything from said vending unit other than such commodities described in the mercantile license for said vending unit.
J. 
No operator of a vending unit shall use any loudspeaker, public address system, sound amplifier or noise-making device to attract the attention of the public.
K. 
No vending unit shall have the exclusive right to any location, nor shall it be permitted to operate in any congested area where the operation of the same might unreasonably impede the public movement.
L. 
No vending unit shall be placed in a manner to obstruct any sidewalk in the Borough of Wildwood Crest, and, if placed upon a sidewalk, said vending unit must be placed in a manner to allow a continuous space of five feet for pedestrian passage.
M. 
No vending unit shall be placed within 200 feet of any food service establishment within the Borough.
N. 
No person shall operate a vending unit within the Borough of Wildwood Crest unless the person has displayed prominently and visibly upon the shirt or blouse a valid state license issued pursuant to N.J.S.A. 45:24-9, together with a municipal registration card.
O. 
No person shall operate a vending unit without a shirt or blouse covering the upper body.
P. 
All vending units must be thoroughly covered with proper material to assure that no portion that is heated is exposed where the public is able to come into contact with it.
Q. 
If a vending unit offers food products for sale, the vending unit may not dispense nonfood products.
R. 
No vending unit shall be permitted on property owned by the Borough, except for sidewalks and streets, in the manner as regulated above.
S. 
No vending unit shall be permitted on private property without the written permission of the owner, to be evidenced upon request.
T. 
The Borough reserves the right to prohibit portable vending rights from areas designated for municipal-sponsored events. This provision shall not apply to units operated by the recognized municipal volunteer services.
The Borough of Wildwood Crest may control and supervise a rotation of sidewalk vending units and establish designated locations for the operation of vending units throughout the Borough. Each vending unit shall be allowed to remain in a designated location only one calendar day at a time and must move to the next succeeding numbered location the next calendar day. No vending unit can occupy a designated location assigned to another unit in the event that the Borough of Wildwood Crest determines to supervise the rotation of sidewalk vending units.
No sidewalk vending unit shall exceed four feet in width, seven feet in length and eight feet in height, inclusive of umbrellas or any other items that may be placed on the vending unit.
A. 
Vendors of food and beverages shall comply with the inspection provisions and standards of the Borough of Wildwood Crest Code and ordinances. The equipment used in the vending of food and beverages shall be inspected upon application for licensing and shall receive a certificate of inspection upon compliance with all applicable Borough of Wildwood Crest ordinances, state statutes and rules and regulations. Each food and/or beverage vending unit shall be inspected at least once a year.
B. 
In addition to any other health and sanitation requirements, the following regulations must be followed:
(1) 
All vending units shall be stored in an enclosed garage when not in use. The garage shall have an impervious floor and have adequate floor drains dispensing only into a sanitary sewer system to allow for cleaning and washing of the vending unit.
(2) 
The location of the food storage, food preparation and cart storage shall be subject to the applicable provisions of the New Jersey State Sanitary Code, N.J.A.C. 8:21 through 8:24.
(3) 
All food-product storage and preparation areas shall be enclosed by partition and separated from any cart storage or non-food-preparation-related operations. In the event that the mobile car base is the same as an individual's residence, the commercial food storage and preparation shall be separated from the residential portion of the premises.
(4) 
All vending units dispensing hot food shall be equipped with:
(a) 
Twin potable water tanks consisting of a minimum capacity of eight gallons each, heating electrically or otherwise, and tilted toward a capped drain cock so that tank can be completely evacuated of water. All tanks shall be equipped with an access hatch in order to facilitate cleaning and sanitizing internal surfaces of the tanks. Said access hatch shall be approved by the Borough of Wildwood Crest.
(b) 
A hand wash sink, seamless, with running hot and cold water, soap and single-service towels.
(c) 
A suitable waste tank with an adequate method of gauging the contents and having a capacity at least equal to the capacity of the water supply tank shall be provided and shall be tilted toward a drain cock. All waste shall be emptied and flushed into a sanitary sewer as often as necessary in a sanitary manner in order to maintain sanitary conditions.
(d) 
A refrigerated box capable of maintaining a temperature of 45° F. or below and equipped with an indicating thermometer shall be provided for various ingredients carried, with metal racks or platforms provided to store ingredients.
(e) 
A refuse container with cover attached to the cart for deposit of papers and other solid wastes by customers and operators. Said container must be readily cleanable and kept clean.
(5) 
Additional health regulations:
(a) 
Every vending unit shall be constructed of such acceptable material as to enable it to be readily cleaned, and equipment shall be installed in such a manner that the unit can be kept clean and food will not be contaminated during cooking, serving, display or storage.
(b) 
Food contact surfaces of vending units shall be provided with a close-fitting lid to protect food products from dust, dirt and splash.
(c) 
Vending units shall be disassembled and cleaned daily or more often as deemed necessary by the health authority. All food contact surfaces of vending units shall be washed, rinsed and sanitized in accordance with procedures of the applicable chapter of the New Jersey State Sanitary Code. All such cleaning is prohibited in public places.
(d) 
The cart-cleaning process at the vending base of operation shall be segregated from food pro-duct storage, preparation, cleaning or refuse areas.
(e) 
Wastewater from any discharge shall be dis-posed of in a sanitary manner and shall not create a nuisance.
(f) 
All perishable and/or potentially hazardous foods shall be maintained at temperatures below 45° F. or above 140° F. until removed from storage for preparation and use. All food items shall be protected from contamination at all times.
(g) 
All vehicles or other means of transport shall have adequate facilities and capacity to dis-pose of any trash or food waste associated with the transport of food or breaking down of food products. Said vehicles shall be maintained in a clean and sanitary manner and subject to inspection by the Borough of Wildwood Crest.
Each vending unit shall comply with requirements as follows:
A. 
All equipment installed in any part of the vending unit shall be secured in order to prevent movement during transit and prevent detachment in the event of a collision or overturn.
B. 
All utensils shall be stored in order to prevent their being hurled about in the event of a sudden stop, collision or overturn. A safety knife holder shall be provided to avoid loose storage of knives.
Registrations issued under the provisions of this ordinance may be suspended or revoked by the Borough of Wildwood Crest Health Officer upon notice and hearing, for any reason as follows:
A. 
Fraud, material misrepresentation contained in the application.
B. 
Fraud, material misrepresentation made in the course of carrying on the business of vending.
C. 
Conducting the business in such a manner as to create a public nuisance or constitute a danger to the public health, safety, welfare or morals.
D. 
Violation of any Borough ordinance or law.
E. 
Any activity injurious to the health, safety and welfare of the public.
A. 
Any person violating any of the provisions of this ordinance, except § 40-35, shall be subject to the provisions of the general penalty clause as set forth in § 40-12.
B. 
Any person violating § 40-35 shall be fined in the amount of $100 for conviction of a first offense, $500 for conviction of a second offense and $1,000 for conviction of a third and subsequent offenses.
C. 
Each day that a violation of this ordinance exists shall constitute a separate offense.
If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions.
This ordinance shall supersede any other ordinance in conflict herewith to the extent of said conflict.