As used in this article, the following terms shall have the
meanings indicated:
Any person who sells, or offers, solicits or displays for
sale, or disposes of or delivers or purveys any box lunches, sandwiches,
coffee, tea, ice cream, ice cream product, water ices, frozen water
products or frozen confectionery products or other food or nonalcoholic
beverages suitable for immediate consumption, in or from any wagon,
automobile or other vehicle of any kind, which vehicle shall be stationary
in the area only for such period of time as is necessary to complete
sales transactions with customers, not to exceed 30 minutes in any
given area in one day.
A.
No person shall engage in the business of an itinerant food vendor
or operate as a salesman for an itinerant food vendor without first
obtaining a license therefor from the Health Officer or designee as
hereinafter provided.
B.
No license shall be issued unless the applicant provides evidence
of Motor Vehicle Commission inspection, registration and insurance,
in accordance with New Jersey State requirements.
C.
An itinerant food vendor, except a mobile industrial caterer, who
is issued a license, pursuant to this section, shall, as a condition
of the license, post a sign on the vehicle listing the price of each
item being sold therefrom. The sign shall be conspicuously displayed
on the vehicle.
An itinerant vendor's vehicle license issued under this article
shall entitle the person named therein to engage in the business of
an itinerant food vendor upon, in or from the vehicle named therein,
for the term of one year commencing on January 1 of the year of its
issuance and ending on December 31 of said year. Such license shall
not be assignable or transferable to any other person.
A salesman's license issued under this article shall entitle
the person named therein to operate as the salesman of a licensed
itinerant food vendor upon, in or from a vehicle licensed under this
article, for the term of one year commencing on January 1 of the year
of its issuance and ending on December 31 of said year. Such salesman's
license shall not be assignable or transferable to any other person.
An applicant for an itinerant vendor's vehicle license shall
present a written verified application to the Health Officer or designee
on forms supplied by the Health Department. The application shall
set forth the following information:
A.
Name and permanent home address of the applicant.
B.
Whether or not the applicant has been convicted of a crime, a misdemeanor,
a disorderly persons offense or violation of any municipal ordinance,
and the nature of each offense, if any, for which convicted.
C.
If the applicant is an employee or representative of any other person,
the applicant shall attach to his application evidence from the person
for whom the applicant is acting, showing that the applicant is authorized
to act as the representative.
D.
Full description of the vehicle to be licensed, and if the applicant
is not the owner thereof, the name and address of the owner thereof
and the interest of the applicant in said vehicle.
An applicant for a license as a salesman of an itinerant vendor,
to sell upon or from any vehicle licensed under this article, shall
present a written verified application to the Health Officer or designee
on forms supplied by the Health Department.
Upon the filing of the application with the Health Officer,
an investigation shall be made concerning the facts set forth in the
application. Upon the approval of the application by the Health Officer
and upon the payment of the prescribed license fee to the Health Department,
the appropriate license shall be issued.
[Ord. No. 53-2014]
Upon the issuance of an itinerant vendor's vehicle license and
a salesman's license under this article, the Health Department shall
furnish the licensee with a certificate bearing a number corresponding
to the number of the license and the year in which used. The certificate
must be displayed at all times on a conspicuous part of the licensed
vehicle in clear view of all patrons.
[Ord. No. 53-2014]
No person shall sell, or offer, solicit or display for sale,
or dispose of, deliver or purvey any food or beverage intended for
human consumption which is or has been prepared, cooked, processed,
packaged or bottled in any trailer, truck, car or other vehicle.
Food for human consumption which is or has been prepared, cooked,
processed, packaged or bottled in any commercial mobile kitchen meeting
of all State and local regulations may be approved by the Health Officer
or designee for sale.
A.
No person shall sell, or offer, solicit or display for sale, or dispose
of, deliver or purvey any box lunches, sandwiches, coffee or tea or
other food or nonalcoholic beverages intended for human consumption
unless the box lunches, sandwiches, coffee or tea have been prepared
in a restaurant, kitchen or establishment either licensed by the Township
or other public health agency.
B.
Trucks, wagons or other vehicles used in the delivery of box lunches,
sandwiches, coffee or tea shall be of a sanitary type approved by
the Township Health Officer or designee and shall be kept clean and
sanitary at all times. All food shall be packaged in an approved and
inspected kitchen, restaurant or establishment preparing the same,
and the packages shall not be opened by the seller at any time.
[Ord. No. 53-2014]
[Ord. No. 53-2014]
No person shall stop his/her vehicle for operation as an itinerant
food vendor in any public place or quasi-public place on any municipal,
county or state road or right-of-way, or less than 1,000 feet from
the front entrance door of businesses for which a valid, current Township
of Wayne retail food establishment license has been issued. Soliciting
at temporary construction sites shall be exempt from the 1,000-foot
provision of this section.
In addition to the penalties provided in § 149-18, any license issued under this article may be suspended or revoked by the Health Officer for any misstatement in the application or for violation of any of the provisions of this article. The licensee may appeal the license suspension or revocation to the Township Council.
This article shall not apply to persons holding a retail food
establishment license in the Township in the operation of their respective
licensed businesses.
