WHEREAS, the location and use of mobile food vending vehicles
in West New York and the issuance of permits are matters of public
concern; and
WHEREAS, the governing body deems the issuance of such permits
to be important enough so as to limit and constrict the areas of location
of said vendors:
It shall be unlawful for any person to conduct, engage in or
carry on any mobile or street food business, trade occupation, employment
or activity within the Town of West New York without first having
complied with the terms of this chapter.
All applications for such licenses shall be filed with the Health
Officer on forms prepared by the Health Officer. Renewal applications
shall be filed no later than the last business day of the month of
November of each year.
The application shall contain the following information:
A. The name under which the business is to be conducted.
B. The name of the applicant and his or her age and date and place of
birth. In the event that the applicant is a corporation, then the
applicant shall submit a copy of its certificate of incorporation,
the names and addresses of each person owning 10% or more of the shares
of stock issued by said corporation and the names and addresses of
the officers of said corporation, specifying the office held by each
person, together with the name and address of the registered agent
for said corporation. In the event that the applicant is a partnership,
then and in such event, the applicant shall supply the Town with the
name and address of each partner, general or limited, having at least
a ten-percent interest in said partnership.
C. The present address of the applicant or applicants.
D. The address and location of the business to be conducted, and the
proposed manner and use of the premises.
E. The nature of the business and the extent thereof.
F. A statement as to whether the applicant has ever had a license to
conduct the business described revoked or denied and the reason therefor.
G. Details of any arrest or conviction for misdemeanors and crimes,
including the nature of the offense for which the applicant was arrested
or convicted, the date of the conviction and the place where said
conviction was obtained.
H. The business telephone number of the applicant.
I. A statement by the applicant that the information supplied in the
application is to induce the Town of West New York to issue the license
and that the applicant agrees to comply with all the laws and ordinances
of the State of New Jersey and the Town.
J. Three locations, in order of preference, in which the applicant intends
to conduct his or her business. In the event of a mobile food vending
service such as ice cream, fruit or vegetables, the applicant shall
state his or her route and time of location at each block in his or
her route, along with the amount of circuits the licensee intends
to make. The applicant shall ensure at all times that the location
of its entity does not obstruct public access, public safety or effect
traffic within the Town. The license may be revoked by the Town if
location has a negative effect on public access, safety or traffic.
No license shall be issued to any vendor selling from a truck
unless a certificate is furnished to the Town showing that the vendor
is carrying the following minimum amounts of insurance: public liability
insurance in the amount of not less than $500,000 for injuries, including
those resulting in death, resulting from any one occurrence and on
account of any one accident; and property damage insurance in the
amount of not less than $25,000 for damages on account of any one
accident or occurrence. Said certificate shall contain an agreement
signed by the insurance company that, prior to modification, cancellation
or termination of the policy, written notice shall be sent to the
Township Clerk by said insurance company.
As used in this chapter, the following terms shall have the
following meanings, unless the context clearly indicates that a different
meaning is intended:
MOBILE OR STREET FOOD VENDOR
Any person engaged in the business of selling food products
from a vehicle, self-powered or otherwise, on the public and private
streets and sidewalks of the Town.
PERSON
Includes individual natural persons, partnerships, joint
ventures, societies, associations, clubs, trustees, trusts, corporations
or unincorporated groups of any offices or any office's agents, employees,
factors or any kind of personal representatives thereof in any capacity,
acting either for himself or for any other person under either personal
appointment or pursuant to law.
For each truck or stand in which the licensee seeks to be permitted
in the Town, a fee of $275 shall be filed with the Health Department
at the time of the filing of the application. Each additional vehicle
or stand added by the licensee shall increase the licensee's fee by
$275.
[Added 4-19-2018 by Ord.
No. 8/18]
A. Whenever, upon inspection, any licensee, facility or entity licensed under Chapter
254 of the Code of the Town of West New York or any licensee, facility or establishment defined in N.J.A.C. 8:24 (retail food establishments) is issued an unsatisfactory or a conditional satisfactory rating by the local health authority which requires a reinspection, a reinspection fee of $150 shall be paid directly to the local health authority.
B. Said fee shall be paid by the owner, owners, managers, management
agency or operator of any aforementioned licensee, facility or entity
listed above directly to the local health authority within 30 business
days of notice of an unsatisfactory or conditional satisfactory rating.