[Adopted 6-18-2025 by Ord. No. 47-2025]
FOOD TRUCK
An enclosed motor vehicle equipped with equipment and facilities, including, but not be limited to, cookers, grills, smokers and other similar equipment for preparing, cooking and then selling various types and forms of food products and beverages, which upon issuance of a license by the City of Atlantic City, may temporarily park upon an approved public street or in an approved public parking lot and engage in the preparation, service, sale or distribution of prepared and other forms of food products and beverages to the general public. A food truck shall be no more than seven feet wide and no more than 16 feet long.
VENDING UNIT
Any freestanding pushcart, wagon, table, shelving unit, rack vehicle or device, except for a food truck defined above, which may be moved, with or without assistance of a motor, which is used in the preparation, display, sale, transportation or storage of any good, wares or merchandise, personal service, food, food product or beverage intended for sale, consumption or distribution on or over the streets, highways or sidewalks of the City of Atlantic City.
A. 
In addition to the provisions of this article, City Code Chapter 128, all articles of Chapter 145, Chapter 163, Chapter 170, and N.J.A.C. 8:24 shall apply, where applicable.
B. 
Anyone desiring to operate a vending unit and/or food truck within the City of Atlantic City must obtain a City of Atlantic City mercantile license.
C. 
In addition to the standard mercantile license, no person shall operate or make use of a vending unit or food truck on or over the streets, highways, sidewalks, or public areas unless such vending unit or food truck has been inspected and has been issued the appropriate license from the City of Atlantic City.
D. 
Vending unit and food truck licenses shall be attached to vending units or food trucks in such a way as to be conspicuously displayed to the public during all times of operation.
E. 
Vending unit and food truck licenses shall not be assignable or transferrable and may not be used in the operation of a vending unit or food truck as provided in the license and application, unless approved, in writing, by the City of Atlantic City.
F. 
Vending units and food trucks shall meet all federal and state laws and regulations, and Atlantic County and City of Atlantic City Code provisions, including but not limited to state, county and local health codes.
G. 
During festivals or special events, vending units and food trucks shall maintain spacing no closer than 10 feet from the front or rear of other vending units and/or food trucks.
Any person who is not exempt by virtue of N.J.S.A. 45:24-9 et seq., shall be required to pay a licensing fee of $250 for each vending unit or food truck to be operated in the City of Atlantic City. All persons who shall be regulated under this article shall be required to pay an annual vendor registration fee of $75 for each vending unit or food truck, as described herein. Registrations shall be renewable each year on or about February 1.
An application for a vending unit/food truck license shall include:
A. 
The name, address, telephone number and email address and photograph of the vending unit/food truck applicant and whether the applicant is an individual, firm or corporation, and if a partnership, the names of the partners, together with their addresses.
B. 
The name, address, telephone number and email address and photograph of the vending unit/food truck operator, if different than the owner, and whether the operator is an individual, firm or corporation, and if a partnership, the names of the partners, together with their addresses.
C. 
If applicable, vehicle information, including a complete description of the food truck, make, model, license plate number, VIN, insurance policy number, insurance policy coverages and policy limits, a photograph of the vehicle and any other documents as determined by the Director of Licensing and Inspections.
D. 
Vehicle information regarding the width and length of the food truck.
E. 
Title, bill of sale or any other such proof sufficient to establish lawful ownership of the food truck to be registered.
F. 
Driver's license information for the driver of the food truck.
G. 
Business records of the vending unit/food truck company, including a New Jersey business registration certificate, articles of incorporation, if any, inspection certificates, if any, trade name information, and any other documents as determined by the Director of Licensing and Inspections.
H. 
A valid certificate issued by the Atlantic City Department of Health and Human Services, pursuant to N.J.A.C. 8:24-9.1.
I. 
A listing of desired location(s) of operations, a schedule of such operations, including expected days and hours of operation for the vending unit/food truck. Note that the ultimate decision on vending unit/food truck locations will be determined by the City of Atlantic City.
J. 
Manufacturer specifications on decibel ranges generated by generators to be used during operations, if any.
K. 
A map or drawing of the expected location(s) of operation, including the location of all buildings or other structures in the area of proposed operation and the proximity to any adjacent residential areas as well as commercial food service businesses.
L. 
A description of the method to be used for waste disposal and recycling of materials.
M. 
Any seating arrangements that will be provided on-site (only when public parking lots are being utilized as the on-site location).
N. 
Compliance with the State Fire Prevention Code and the State Fire Safety Code, including, but not limited to, N.J.A.C. 5:70-2.7(a)3(xii) and N.J.A.C. 5:70-4.7(g) and any other additional fire safety items as required by the Fire Official in his discretion.
O. 
Any permits as required by the Fire Official, the State Fire Prevention Code and the State Fire Safety Code, including, but not limited to, N.J.A.C. 5:70.
P. 
Any other documents or other information, as determined by the State Fire Officials the Local Fire Official, the Director of Licensing and Inspections, the Director of Planning and Development, and the Director of Health and Human Services, to carry out the purpose and intent of this article.
A. 
Unless through a special event permit, licensed food trucks shall be permitted to operate in the following locations only:
(1) 
Gardner's Basin Seawall Parking Area/Waterfront.
(2) 
Captain O'Donnell Park/Atlantic Avenue street side.
(3) 
Other location areas as deemed appropriate by the City of Atlantic City and the Director of Planning and Development.
B. 
The Director of Licensing and Inspections shall have the discretion to take into account a food truck's proposed location for operations and the proximity to other vending units or food trucks in that area as well as the types of food offered by those vending units or food trucks in determining whether a food truck license shall be issued for that specific time and location.
No vending unit or food truck owner or operator shall:
A. 
Place, stack, station or otherwise maintain any goods, wares, merchandise, signs or other items, other than an approved vending unit or food truck, on the streets or sidewalks.
B. 
Use public litter receptacles for the disposal of business-related trash or recycling of the vending unit or food truck.
C. 
Operate a vending unit or food truck that is so constructed, loaded or covered as to prevent its driver from having a clear and unobstructed view of all persons and fixtures located in front of such vending unit or food truck while being moved or operated.
D. 
Leave any vending unit or food truck unattended, at any time, on the streets or sidewalks.
E. 
Store, place or leave any vending unit or food truck overnight on the streets or sidewalks.
F. 
Use or operate any excessive lighting, or amplified noisemakers, loudspeakers, public address system, sound amplifier or other similar devices to attract customers or the attention of the public.
G. 
Conduct the business of peddling or operating a vending unit or food truck in such a way as to be a public nuisance.
H. 
No person shall place a vending unit, food truck or any other device designed to secure a vending or food truck location on City streets, sidewalks or public property between the hours of 10:00 p.m. and 8:00 a.m., nor shall any person camp out or otherwise occupy such space for the purpose of securing a vending or food truck location on City streets, sidewalks or public property during said hours. Any person who has conducted vending or food truck activities at a location on the City streets, sidewalks or public property shall be allotted 30 minutes setup and 30 minutes breakdown before and after the stated operating hours; provided, however, that nothing herein shall authorize the vending unit or food truck to make sales between 10:00 p.m. and 8:00 a.m.
I. 
No vending unit or food truck shall impede or obstruct any street, street intersection or crosswalk.
J. 
No vending unit or food truck shall impede the ingress or egress of any public or private driveway.
K. 
No vending unit or food truck shall obstruct pedestrian space.
L. 
No vending unit or food truck shall permit litter or garbage arising from their operations.
A food truck owner or operator shall:
A. 
Operate a food truck only within the following time restrictions: Sunday through Saturday, 8:00 a.m. to 10:00 p.m.
B. 
Be prohibited from conducting business or operating a food truck on private property without the express consent of the property owner and approval of the City of Atlantic City.
C. 
Be prohibited from conducting business or operating a food truck within 200 feet of a brick-and-mortar restaurant or other food establishment.
D. 
Utilized power sources of the food truck must meet all applicable electrical code standards.
E. 
Be prohibited from having a food truck in motion unless all propane and natural gas tanks are shut off.
F. 
Be prohibited from leaving a food truck in overnight storage unless all propane and natural gas tanks are shut off.
G. 
Food truck operations shall take place from the side of the food truck only.
H. 
No food truck shall make use of a drive-through service.
I. 
The decibel levels for any generator shall meet the requirements set forth in § 186-6 of the City of Atlantic City Code.
J. 
Have two fully functioning fire extinguishers on the food truck: one Class K and one Class 2A-10BC.
K. 
A food truck owner shall provide a suitably sized receptacle for waste, which shall be located no more than 10 feet from the service window of the food truck. The receptacle shall be maintained and regularly emptied.
L. 
All waste generated by the food truck's operations, including waste from customers and staff, shall be disposed of at the food truck's base of operations.
M. 
A food truck owner shall be responsible for maintaining the premises on which it is operating in a safe and hygienic manner.