[Adopted 1-14-2020 by Ord. No. 42-2019]
For purposes of this article, a "mobile food vendor" is anyone who sells nonprepackaged prepared food or beverages from a nonpermanent location to the public-at-large, whether such food or beverages are prepared on site or prepared elsewhere and transported to the site of the sale. It includes, but is not limited to, anyone who sells such food or beverages from a vehicle, whether motorized or nonmotorized, such as a truck, van, trailer, or pushcart. However, it does not include:
A. 
A vendor selling fresh, uncut fruits and/or vegetables at a community farmer's market.
B. 
Deliveries of food to customers from a licensed retail food establishment operating from a fixed location.
C. 
The sale of ice cream, ice cream products, water ices or frozen confectionery products, which is regulated by Article IV of Chapter 90 of the City Code
D. 
The sale of prepackaged food and beverages (except hot coffee, cocoa and tea), which is regulated by §90-5 of the City Code.
A. 
All mobile food vendors are required to obtain an annual mobile food vendor license from the Department of Health, along with any other approvals required by this article or any other provision of the City Code, before commencing the sale of any food or beverages within the City of Hackensack. Mobile food vendor licenses are valid for a 365-day period (or 366 days in the event of a leap year) from the date of issuance.
B. 
The annual Department of Health license fee is $150.
C. 
There shall be a maximum of 100 mobile food vendor licenses available. If the license maximum is reached, the Department of Health shall offer any licenses that thereafter become available because an existing license holder's license has been revoked or nonrenewed to a new applicant on a first-come, first-served basis. The Department of Health shall maintain a waiting list and notify the prospective applicant on the top of the list that a license has become available, and at such time the prospective applicant shall have five business days from notification to either file an application for the license or be removed from the waiting list.
D. 
At any time a mobile food vendor is conducting the sale of food or beverages within the City, the mobile food vendor shall prominently display copies of:
(1) 
The annual mobile food vendor license issued by the Department of Health;
(2) 
A certificate of registration issued by the New Jersey Division of Taxation; and
(3) 
The operating permit allowing the mobile food vendor to serve food and beverages at a particular location, issued by the Department of Health, as required by §90-71A.
E. 
Mobile food vendor licenses are not transferable and may not be sold or leased to any other party.
F. 
Mobile food vendors are subject to random inspections by the Department of Health at any time they are serving food or beverages within the City.
A. 
Before issuing a mobile food vendor license, the Department of Health shall obtain all information and documentation necessary in its judgment to ensure that the applicant is prepared to meet all of the requirements of the New Jersey State Sanitary Code and is capable of safe and sanitary operation.
B. 
The applicant must provide documentation that at least one person working for the mobile food vendor is a certified food protection manager, or holds a food handler's certificate issued by an organization recognized by the state of New Jersey to provide certified food protection manager training.
C. 
If the mobile food vendor intends to serve food or beverages from a vehicle, whether motorized or nonmotorized, such as a truck, van, trailer, or pushcart, proof of ownership of the vehicle must be supplied, along with proof of general liability insurance with at least $500,000 in coverage. Additionally, if the vehicle is motorized, proof of motor vehicle insurance as required by N.J.S.A. 39:6B-1 must be supplied. The Department of Health shall inspect and approve any vehicle to be used in the operations of a mobile food vendor before issuing a mobile food vendor license.
All mobile food vendors shall comply with any requirements established by the Fire Department and as set forth by the New Jersey Uniform Fire Code to ensure that the operations of the mobile food vendor do not present a fire hazard. Any mobile food vendor using any flame in its operations or utilizing a tent or canopy 30 or more feet in length must pay the applicable fee (as established by New Jersey Department of Community Affairs) and obtain a Type I permit issued by the Hackensack Fire Department Bureau of Fire Prevention before commencing operations. If an inspection is required during nonbusiness hours of the Bureau of Fire Prevention, the mobile food vendor shall pay a surcharge of $100 in addition to the applicable fee. The Fire Department is empowered to conduct safety checks of any mobile food vendor to ensure compliance with the New Jersey Uniform Fire Code.
A. 
Commercial/industrial/office property: Mobile food vendors may operate on a private commercial, industrial or office property that is located within any M-2 Zone in the City under the following terms, conditions and requirements:
(1) 
The mobile food vendor must be situated at least 300 feet away from the main entrance to any licensed restaurant, luncheonette or tavern that serves food.
(2) 
Prior to allowing a mobile food vendor to operate on a private commercial, industrial or office property, that property must be approved for a zoning permit from the Department of Building, Housing and Land Use. The zoning permit applicant must be the property owner or an authorized agent of the property owner. As part of the application for this zoning permit, the applicant shall submit notarized documentation that the property owner, or an authorized agent of the property owner, has authorized mobile food vendors to operate on the property and further consents to allowing City officials onto the property to enforce the provisions of this article. This documentation shall include a phone number and e-mail address for at least one representative of the property owner who may be contacted by the City during the period when the zoning permit is in effect and is empowered to address any concerns that may arise. The zoning permit shall be valid for a period of up to 90 days and shall be renewable for an unlimited number of times. The fee for each zoning permit (including renewals) is $50.
(3) 
A maximum of one mobile food vendor shall be allowed to operate on a private commercial, industrial or office property at any particular time. However, the zoning permit does not restrict the property from hosting different mobile food vendors over the entirety of ninety-day period the zoning permit is valid so long as only one mobile food vendor is operating on the property at any one time.
(4) 
Exceptions to the one mobile food vendor limit may be granted by the City Manager and only in connection with a special event open to the general public, such as a fair, festival or carnival, not to exceed five days in length.
(5) 
Mobile food vendors may not operate on any private commercial, industrial or office property outside of an M-2 Zone, except as authorized by the City Manager and only in connection with a special event open to the general public, such as a fair, festival or carnival, not to exceed five days in length.
B. 
Public property/parks: No mobile food vendor may operate on public property, including a City park, field or parking area adjacent thereto, except as authorized by the City Manager and only in connection with a special event open to the general public, such as a fair, festival or carnival, not to exceed five days in length.
C. 
Residential property: Mobile food vendors are not normally allowed to operate on residential property. Exceptions are for (i) an approved residential block party or (ii) an approved private catering arrangement. In either circumstance, the mobile food vendor and residential property must be in compliance with all other applicable City Code requirements. An application to operate on a residential property shall be made to the City Manager at least 10 business days in advance of the event date and authorization shall be granted for no greater than a two-day period.
D. 
Public streets and sidewalks: Mobile food vendors are prohibited from serving any food or beverage along any public street, including from any metered or nonmetered parking space along any public street, or any public sidewalk or right-of-way. The City Manager may grant limited exceptions from this requirement on a case-by-case basis when the public interest requires.
E. 
Other property within the City. Mobile food vendors may not operate on any other property within the City not specifically mentioned in § 90-70A through D, except as authorized by the City Manager and only in connection with a special event open to the general public, such as a fair, festival or carnival, not to exceed five days in length.
A. 
At least five business days prior to operating on any private commercial, industrial or office property within the City, a mobile food vendor shall file with the Department of Health a schedule of the dates and times it will be serving food and beverages for the ninety-day period at each location where a zoning permit has been granted pursuant to § 90-70A. Any changes to that schedule shall be filed with the Department of Health at least three business days in advance. Provided all of the requirements of this article are met, the Department of Health shall issue an operating permit authorizing the mobile food vendor to serve food and beverages on that specific private commercial, industrial or office property. A separate operating permit shall be required for every property on which a mobile food vendor will be conducting operations. There is no charge for an operating permit.
B. 
It shall be a violation of this article for a mobile food vendor to serve food and beverages at any other time than as set forth on the schedule it has filed with the Department of Health for a specific private commercial, industrial or office property.
C. 
Maximum operating hours for any mobile food vendor are 7:30 a.m. until 10:00 p.m., seven days per week.
D. 
Mobile food vendors shall make every effort to minimize noise and odors while in operation and shall ensure that customers have trash receptacles readily available on-site, or some other adequate means to ensure the proper disposal of any food or other waste generated.
E. 
Mobile food vendors utilizing motorized vehicles are prohibited from parking any such vehicle on any property where the mobile food vendor has been authorized to serve food and beverage between the hours of 11:30 p.m. and 6:00 a.m. the following morning. This provision shall not apply if the motorized vehicle is stored in a garage located on the property. Exceptions may be granted by the City Manager for no more than five nights and only in connection with a special event open to the general public, such as a fair, festival or carnival.
F. 
A mobile food vendor shall not provide or allow any dining area, including but not limited to tables, chairs, booths, bar stools, benches, or standup counters, in connection with its operations. The foregoing shall not apply to already existing facilities located on the property where the mobile food vendor is operating.
The Department of Health, the Department of Building, Housing and Land Use, the Hackensack Fire Department, the City Constable and the Hackensack Police Department are empowered to conduct inspections of any mobile food vendor to ensure compliance with the provisions of this article that are within their respective areas of jurisdiction, along with any other applicable provisions of the City Code or New Jersey laws or regulations. These offices are further authorized to enforce this article and all of its provisions.
Any person who violates any of the provisions of this article shall be subject to the penalties established by § 1-15 of the City Code. Additionally, any vehicle, whether motorized or nonmotorized, such as a truck, van, trailer, or pushcart, used in a mobile food vending operation without all applicable licenses and permits as required by this article shall be deemed a public safety hazard and may be impounded.
Failure to comply with any of the provisions of this article may result in having any license or permit issued under the provisions of this article revoked or suspended for a specified period of no greater than 90 days, by the licensing authority, City officer responsible for enforcement or by the City Council, in accordance with the provisions of § 107-24 of the City Code. The foregoing is in addition to the penalties established by § 90-73 of this Article.