[Amended 3-22-2021 by Ord. No. 21-7]
No hawkers, peddlers, temporary mobile food
establishments or transient merchants shall carry on or attempt to
carry on any business, trade or occupation in the Township without
having first obtained from the Township Council a license for such
business in accordance with this article. Furthermore, all hawkers,
peddlers or transient merchants must all obtain the proper license
from the Township of Bloomfield Board of Health. No license shall
be required of any merchant establishment not transient or seasonal
in nature.
A. Definitions. As used in this section, the following
terms shall have the meanings indicated:
FOOD CART
A cart or other moveable device used on the public sidewalks
or in public places, in which ready-to-eat food is cooked, wrapped,
packaged, processed or portioned for sale or distribution, and which
is not licensed as a food truck or food trailer.
FOOD TRAILER
A nonmotorized vehicle designed to be towed by a motorized
vehicle that is registered and is able to be operated on the public
streets of the State of New Jersey, in which ready-to-eat food is
cooked, wrapped, packaged, processed or portioned for sale or distribution.
FOOD TRUCK
A motorized vehicle that is registered and is able to be
operated on the public streets of the State of New Jersey, in which
ready-to-eat food is cooked, wrapped, packaged, processed or portioned
for sale or distribution.
FOOD VEHICLE
Collectively, a food truck, food trailer and a food cart.
FOOD VENDOR
The owner or operator of a food truck, food trailer or food
cart or the owner's agent; hereinafter referred to as "vendor."
PEDDLER
A person, commonly referred to either as a "peddler" or "hawker"
or "transient merchant," who goes from place to place by traveling
on the streets for the purpose of selling to consumers from a vehicle
licensed and insured in accordance with New Jersey motor vehicle laws.
TEMPORARY MOBILE RETAIL FOOD ESTABLISHMENT
Any movable restaurant, truck, van, trailer, tent, or other
moveable unit, including hand-carried, portable containers in or on
which food or beverage is transported, stored or prepared for retail
sale or given away at temporary locations.
VEHICLE
Means and includes cars, motor trucks, and other motor vehicles
properly registered and insured in accordance with New Jersey motor
vehicle laws. No licenses will be provided to individuals with carts
or other types of conveyance.
B. Exemptions.
(1) Any person holding a license issued pursuant to N.J.S.A.
45:24-9, et seq., shall be exempt from the licensing requirements
of this section; provided, however, that such a license holder shall
be required to comply with all other provisions of this section.
(2) Any person who is soliciting on behalf of a charitable,
political or civic nonprofit organization shall be exempt from the
licensing requirements of this section; provided, however, that such
person shall be required to comply with all other provisions of this
section.
(3) The fee requirements of this section shall not be
held to include the following persons who are expressly exempt from
such fees:
(a)
Any person selling fruits, vegetables and farm
products.
(b)
Any person honorably discharged from the military,
naval or marine forces of the United States.
(c)
Any blind person who is a resident of the Township.
(d)
Any person holding an exempt fireman certificate
in accordance with the provisions of N.J.S.A. 40A:14-56.
No person having obtained a license under this
article shall lend or hire the same to any person, or lend or hire
or allow the use of any license, with such licensed person's name
thereon, for the purpose of peddling. All peddlers are required to
obtain a license under this article unless specifically exempted.
Peddler's licenses are specific to a person and peddlers are forbidden
to allow another person to operate under their licenses.
[Added 3-22-2021 by Ord. No. 21-7]
A. It shall be unlawful for anyone engaged in the business of selling
any of the items set forth in this article from vehicles to misrepresent
the character or quality of the merchandise offered for sale or to
importune or otherwise annoy any person or persons for the purpose
of effecting a sale.
B. All products so sold or offered for sale from such vehicles shall
comply with all the laws and local ordinances relating to food and
food products.
C. It shall be unlawful for a temporary mobile retail food establishment
to:
(1)
Sell or offer to sell his or her products in streets where the
permitted speed limit is 30 miles per hour or more.
(2)
Sell or offer to sell their products to a person standing in
the roadway, nor shall they allow any unauthorized person to ride
in or on the vehicle.
(3)
Occupy a location in a residential zone. A street location which
immediately abuts a residential zone on either side shall be considered
a residential zone.
(4)
Occupy a temporary location in any other zone for a period longer
than 1/2 hour.
(5)
Occupy any location situated within 200 feet of the property
of any elementary, middle or high school, whether public or private,
during the school calendar year.
(6)
Occupy the same temporary location twice within one twenty-four-hour
period, regardless of the character of the zone chosen for the location
of the vehicle.
(7)
Vacate a temporary location without first removing all waste
and debris which has been caused by his or her occupancy or his or
her patrons.
(8)
A mobile vendor subject to the provisions of N.J.S.A. 39:4-128.7
shall, to the extent said statute is inconsistent with this article,
comply with the statute. Otherwise, this article shall apply.
(9)
Operate within 200 linear feet of a brick-and-mortar retail
food establishment building. This prohibition shall not apply to a
Class 5 licensee in front of their own food establishment building.
(10)
Operate on the same site more than three times per calendar
week.
D. Food and drinks may only be sold between the hours of 6:00 a.m. to
10:00 p.m.
E. Each establishment must place a trash can of adequate size and a
recycle can near the establishment's location. Establishments are
required to remove trash and to properly dispose of trash and recyclable
containers and materials. No trash or recyclables shall be disposed
of in receptacles owned by the Township or nonprofit corporations
or associations that place trash or recycling receptacles on the street
for use by the public.
F. Licenses issued shall be issued for the above locations in accordance
with written procedures established by the Administrator and filed
with the Township Clerk.
G. The Administrator is authorized to promulgate additional regulations
concerning proper behavior of the establishments.
H. Nothing herein shall be construed to:
(1)
Permit parking in any location in violation of the general parking
ordinances of the Township of Bloomfield.
(2)
Limit the discretion of a police officer to require a temporary
mobile establishment to move from an otherwise permitted location
in the interest of public safety or the adequate movement of vehicular
or pedestrian traffic.
[Added 3-22-2021 by Ord. No. 21-7]
A. No person shall engage in the business of conducting a wholesale, retail or mobile retail food establishment as defined herein until such person shall have first obtained from the Board of Health a license to conduct the same in accordance with Chapter
613 of this Code and shall have paid to said Board a fee as provided in the Township ordinances.
B. It shall
be unlawful for any temporary mobile retail food establishment, as
defined in this chapter, to engage in such business in the Township
of Bloomfield, through the parking, standing or location of any truck,
wagon, cart or other mobile unit upon public lands, streets or highways
within the Township or in close proximity thereto, without first obtaining
a license to do so, said license to be obtained in compliance with
the provisions of this chapter.
The Township Council may issue another license
to a person whose license has been revoked or denied if after hearing
it is satisfied by clear and convincing evidence that the acts which
led to the revocation or denial will not occur again; otherwise, no
person whose license has been revoked or denied nor any person acting
for them, directly or indirectly, shall be issued another license
to carry on the same activity.
[Amended 4-6-2009 by Ord. No. 09-29; 3-22-2021 by Ord. No. 21-7]
A vendor operating at a special event, party,
fair, festival or movie production where there will be a food vehicle,
with the exception of Township-organized and -sponsored special events,
is required to comply with this article. Permits for one day to three
days may be issued by the Township Clerk in lieu of the licenses required
by this article, subject to the approval of the Township Administrator,
upon payment of a fee of $100 to the Township Clerk. The application
must be filed no later than two weeks before the event. Applications
made less than two weeks before the event may be accepted up to the
day of the event at the discretion of the Township Administrator.
A late service fee may be charged not to exceed double the standard
fee. In no case may a food vehicle operate without approval by the
Township Administrator.
[Added 3-22-2021 by Ord. No. 21-7]
A vendor operating at a Township-organized and -sponsored special
event, including Bloomfield Center Alliance sponsored events, is required
to comply with this article. Permits for one day to three days may
be issued by the Township. The application must be filed no later
than two weeks before the event. Applications made less than two weeks
before the event may be accepted up to the day of the event at the
discretion of the Township Administrator.
[Amended 7-7-2008 by Ord. No. 08-29]
Any person who violates any provision of this
article shall, upon conviction thereof, be punished by a fine not
exceeding $2,000 or imprisonment for a term not exceeding 90 days
or a period of community service not exceeding 90 days, or by any
combination of such fine, imprisonment and/or community service.