The purpose of this article is to define the process, licensing,
location, and operations for vendors engaging in the preparation and
sale of food from mobile, nonpermanent vehicles within the City of
Rahway.
As used in this article, the following terms shall have the
meanings indicated:
FOOD CART
A cart or other movable 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 cart" shall
refer to a cart or other movable device that is intended to remain
in a stationary location for a period of time.
FOOD PUSH CART
A nonmotorized vehicle designed to be pushed, where a person
goes from place to place by traveling on public sidewalks, selling
ice cream products, frozen confectionery products, water ices, beverages,
foods and foodstuffs which, prior to service, require only limited
preparation or are prepackaged, where the purpose is to sell or attempt
to sell these items to customers from such vehicle or pushcart.
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.
FROZEN DESSERT 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
frozen desserts are carried for purposes of retail sale on public
streets.
MOBILE FOOD VENDOR
The owner or operator of a food truck, food trailer or food
cart, pushcart, or the owner's agent, whether such food or beverages
are prepared on-site or prepared elsewhere and transported to the
site of the sale.
VEHICLE
Any mode of conveyance or anything with or without a wheel
or wheels, whether stationary or propelled by muscular power or other
means.
The Business Administrator of the City reserves the right to
cause the City Clerk to revoke and/or rescind any license or permit
granted under this article if the person or organization with such
license or permit, as applicable, shall be found:
A. Using false or fraudulent statements in obtaining such license or
permit.
B. Using false or fraudulent statements or other misrepresentations
in the course of carrying on business or employment under such license
or permit, as applicable.
C. Conducting the business of mobile food vending in an unlawful manner
or in such a manner as to constitute a breach of the peace or nuisance
or a menace to the health, safety and welfare of the citizens of the
City of Rahway.
D. Selling items, including, but not limited to, tobacco products, products
containing THC, firearms and ammunition, fireworks, or any other items
that have legal age restrictions.
Any person who violates any provision of this article shall,
upon conviction thereof, be punished by a fine not exceeding $2,000
or by imprisonment for a term not exceeding 90 days, or both. A separate
offense shall be deemed committed on each day during or on which a
violation occurs or continues.