[HISTORY: Adopted by the North Wildwood City
Council as indicated in article histories. Amendments noted where
applicable.]
[Adopted 6-29-1971 by Ord. No. 568]
[Amended 5-16-2000 by Ord. No. 1354; 12-16-2014 by Ord. No. 1665; 6-5-2019 by Ord. No. 1785; 12-6-2022 by Ord. No. 1891]
No person shall hawk, peddle or vend any food products, beverages,
confections, goods, wares, merchandise or commodities of any type
or description upon the public beaches and the City of North Wildwood,
except for the sale of ice cream products pursuant to a concession
therefor awarded by City Council as hereinafter provided and except
for the sale of coffee and iced coffee beverages pursuant to a concession
therefor awarded by City Council as hereinafter provided.
[Added 6-5-2019 by Ord.
No. 1785]
A.
A concession contract may be made available for the sale of coffee and iced coffee beverages upon the public beaches of the City of North Wildwood. The area of the beach, as defined by § 138-1 of the Code of the City of North Wildwood, which may be made available for operation of such a concession will be those areas of the beach which, pursuant to resolution adopted in accordance with § 138-31 of the Code of the City of North Wildwood, Council designates as being subject to protection by the North Wildwood Beach Patrol.
B.
Concession contract public bid by auction.
(1)
A concession contract periodically may be let out for public
bid by auction pursuant to N.J.S.A. 40:61-1h and N.J.S.A. 40:61-36
et seq., all as amended from time to time. The award of the concession
contract will be made to the highest responsible bidder therefor,
after advertisement of the time and place of such auction, at least
10 days prior to receipt of bids, in such newspaper as has been designated
as the City's official newspaper, and upon such terms and conditions
as the Mayor and Council may prescribe. Such terms and conditions
may include, but not necessarily be limited to, insurance and hold-harmless
requirements and the establishment of a minimum bid price.
(2)
Upon the advertisement as aforesaid, the City Clerk will make
available for inspection by prospective bidders copies of the concession
contract and all related contract documents.
(3)
No concession contract may be let for a term exceeding five
years.
(4)
Any concession contract auction conducted pursuant to this article
shall be conducted between January 1 and June 30 of the year in which
the concession contract is to take effect; however, upon award of
the concession contract, the effective date of that contract will
be deemed to be January 1 of the year in which the contract is awarded.
C.
Award of contract; contract amount; default of payment; other fees.
(1)
Any concession contract awarded pursuant to this article will
be awarded to the responsible bidder bidding the highest amount in
excess of any minimum bid amount that may be established by the Mayor
and Council for the first year of the contract. The contract amount
for each succeeding year of the contract shall be not less than 105%
of the contract amount of the prior year. The successful bidder shall
pay 20% of the first-year contract amount or $20,000, whichever is
less, at the time of the auction and shall pay the balance of the
first-year contract amount by March 1 in the year of the auction or
upon signing of the contract, whichever is later. Thereafter, during
the term of the concession contract, 10% of the amount due for each
year of the contract shall be paid on or before January 1 of the year
due, and the balance due that year shall be on or before March 1 of
the year due.
(2)
Failure to make timely payments in accordance with this article
may be grounds for the imposition of such late fees as may be set
forth in the contract documents. If default in the payment of rent
occurs and is not cured within seven calendar days, Council, by resolution,
may declare the contract terminated and the remaining term of the
contract may be rebid. Upon rebid, no bid of the defaulting concessionaire
will be accepted. Upon rebid, the Mayor and Council may establish
a minimum bid amount. If, upon rebid, the sum of money to be received
by the City is less than the total amount of money that was due for
the entire remaining term of the contract which has been defaulted
upon, the defaulting concessionaire shall pay the difference to the
City together with the expenses of advertising the rebid. The defaulting
concessionaire shall have no claim to any higher sum of the money
received upon the rebid. If an action is instituted by the City for
the collection of the amounts due from the defaulting concessionaire,
the City shall be entitled to collect, in addition to any amount owed
under the terms of the contract, its attorneys' fees and costs.
(3)
In addition to the contract price, the operator of the concession also shall be responsible for obtaining a mercantile license and paying the fee therefor all in accordance with the provisions of § 292-1 et seq., of the Code of the City of North Wildwood, as amended from time to time. The concessionaire also shall be responsible for the payment of a tourism development fee in accordance with the provisions of § 270-1 et seq., of the Code of the City of North Wildwood, as amended from time to time.
D.
Requirements for concessionaires. In addition to such terms and conditions
as the Mayor and Council may prescribe in the notice to bidders and
other bid documents, a concession for the sale of coffee and iced
coffee beverages upon the public beaches of the City of North Wildwood
only may be awarded to an individual who shall meet the following
minimum requirements;
(1)
He or she shall have been issued, and shall be the holder of,
a valid license issued by a County Clerk pursuant to the provisions
of N.J.S.A. 45:24-9 et seq.
(2)
He or she shall be the holder of a valid mercantile license that has been issued pursuant to Ordinance No. 1149, as amended (§ 292-1 et seq. of the Code of the City of North Wildwood), for the operation of a restaurant, lunch stand, luncheonette or walk-up (see § 292-4) or is the holder of a license for the sale of alcoholic beverages issued by the City of North Wildwood or is the holder of a permit for the sale of alcoholic beverages within the City of North Wildwood that has been issued by the New Jersey Division of Alcoholic Beverage Control. The provisions of this subsection will be deemed satisfied if the individual to whom the concession is to be awarded is an owner, operator or authorized agent of a business entity, such as a corporation, limited liability company or partnership, that has been issued a mercantile license pursuant to Ordinance No. 1149, as amended (§ 292-1 et. seq. of the Code of the City of North Wildwood), for the operation of a restaurant, lunch stand, luncheonette or walk-up (see § 292-4) or is the holder of a license for the sale of alcoholic beverages issued by the City of North Wildwood or is the holder of a permit for the sale of alcoholic beverages that has been issued by the New Jersey Division of Alcoholic Beverage Control.
E.
Any and
all concessionaires, or any person or persons employed by said concessionaires,
vending coffee and iced coffee products on the beaches of the City
of North Wildwood under a contract awarded pursuant to this article
shall:
[Added 2-6-2024 by Ord. No. 1925]
(1)
Be
clothed in matching uniforms which clearly identify the name of the
concessionaire and the name of the individual vendor.
(2)
Have
the prices of its products clearly displayed on his/her vending carts,
said prices having been printed by computer printout or other technological
means. No hand-written signs or labels are permitted.
[Added 12-6-2022 by Ord. No. 1891]
A.
A concession contract may be made available for the sale of ice cream products upon the public beaches of the City of North Wildwood. The area of the beach, as defined by § 138-1 of the Code of the City of North Wildwood, which may be made available for operation of such a concession will be those areas of the beach which, pursuant to resolution adopted in accordance with § 138-31 of the Code of the City of North Wildwood, Council designates as being subject to protection by the North Wildwood Beach Patrol.
B.
Concession contract public bid by auction.
(1)
A concession contract periodically may be let out for public
bid by auction pursuant to N.J.S.A. 40:61-1h and N.J.S.A. 40:61-36
et seq., all as amended from time to time. The award of the concession
contract will be made to the highest responsible bidder therefor,
after advertisement of the time and place of such auction, at least
10 days prior to receipt of bids, in such newspaper as has been designated
as the City's official newspaper, and upon such terms and conditions
as the Mayor and Council may prescribe. Such terms and conditions
may include, but not necessarily be limited to, insurance and hold-harmless
requirements and the establishment of a minimum bid price.
(2)
Upon the advertisement as aforesaid, the City Clerk will make
available for inspection by prospective bidders copies of the concession
contract and all related contract documents.
(3)
No concession contract may be let for a term exceeding five
years.
(4)
Any concession contract auction conducted pursuant to this article
shall be conducted between January 1 and June 30 of the year in which
the concession contract is to take effect; however, upon award of
the concession contract, the effective date of that contract will
be deemed to be January 1 of the year in which the contract is awarded.
C.
Award of contract; contract amount; default of payment; other fees.
(1)
Any concession contract awarded pursuant to this article will
be awarded to the responsible bidder bidding the highest amount in
excess of any minimum bid amount that may be established by the Mayor
and Council for the first year of the contract. The contract amount
for each succeeding year of the contract shall be not less than 105%
of the contract amount of the prior year. The successful bidder shall
pay 20% of the first-year contract amount or $20,000, whichever is
less, at the time of the auction and shall pay the balance of the
first-year contract amount by March 1 in the year of the auction or
upon signing of the contract, whichever is later. Thereafter, during
the term of the concession contract, 10% of the amount due for each
year of the contract shall be paid on or before January 1 of the year
due, and the balance due that year shall be on or before March 1 of
the year due.
(2)
Failure to make timely payments in accordance with this article
may be grounds for the imposition of such late fees as may be set
forth in the contract documents. If default in the payment of rent
occurs and is not cured within seven calendar days, Council, by resolution,
may declare the contract terminated and the remaining term of the
contract may be rebid. Upon rebid, no bid of the defaulting concessionaire
will be accepted. Upon rebid, the Mayor and Council may establish
a minimum bid amount. If, upon rebid, the sum of money to be received
by the City is less than the total amount of money that was due for
the entire remaining term of the contract which has been defaulted
upon, the defaulting concessionaire shall pay the difference to the
City together with the expenses of advertising the rebid. The defaulting
concessionaire shall have no claim to any higher sum of the money
received upon the rebid. If an action is instituted by the City for
the collection of the amounts due from the defaulting concessionaire,
the City shall be entitled to collect, in addition to any amount owed
under the terms of the contract, its attorneys' fees and costs.
(3)
In addition to the contract price, the operator of the concession also shall be responsible for obtaining a mercantile license and paying the fee therefor all in accordance with the provisions of § 292-1 et seq., of the Code of the City of North Wildwood, as amended from time to time. The concessionaire also shall be responsible for the payment of a tourism development fee in accordance with the provisions of § 270-1 et seq., of the Code of the City of North Wildwood, as amended from time to time.
D.
In addition to such terms and conditions as the Mayor and Council
may prescribe in the notice to bidders and other bid documents, a
concession for the sale of ice cream products upon the public beaches
of the City of North Wildwood only may be awarded to an individual,
corporation, limited-liability company or partnership who shall meet
the following minimum requirements:
(1)
In the case of an individual, he or she shall be a veteran,
having been honorably discharged from active military service of the
United States for any period of time, or an exempt firefighter having
served in either the Anglesea Fire Company No. 1 or the North Wildwood
Fire Company No. 1. Proof of veteran status shall be shown by providing
as evidence a DD-214 issued by the federal government. Proof of exempt
firefighter status shall be shown by providing as evidence a notarized
letter from the President or Secretary of either the Anglesea Fire
Company No. 1 or the North Wildwood Fire Company No. 1 stating that
the bidder has been a volunteer firefighter meeting the requirements
for an exempt firefighter certificate pursuant to N.J.S.A. 40A:14-56.
(2)
In the case of a corporation, limited-liability company or partnership,
the principal owner or shareholder, managing member or partner shall
be a veteran, having been honorably discharged from active military
service of the United States for any period of time, or an exempt
firefighter having served in either the Anglesea Fire Company No.
1 or the North Wildwood Fire Company No. 1. Proof of veteran status
shall be shown by providing as evidence a DD-214 issued by the federal
government. Proof of exempt firefighter status shall be shown by providing
as evidence a notarized letter from the President or Secretary of
either the Anglesea Fire Company No. 1 or the North Wildwood Fire
Company No. 1 stating that the bidder has been a volunteer firefighter
meeting the requirements for an exempt firefighter certificate pursuant
to N.J.S.A. 40A:14-56.
E.
Any and
all concessionaires, or any person or persons employed by said concessionaires,
vending ice cream products on the beaches of the City of North Wildwood
under a contract awarded pursuant to this article shall:
[Added 2-6-2024 by Ord. No. 1925]
(1)
Be
clothed in matching uniforms which clearly identify the name of the
concessionaire and the name of the individual vendor.
(2)
Have
the prices of its products clearly displayed on his/her vending carts,
said prices having been printed by computer printout or other technological
means. No hand-written signs or labels are permitted.
Before any license is issued, the applicant
therefor shall make application, in writing, under oath, which application
shall state:
A.
Full name of the applicant.
B.
His residential address.
C.
Places where the applicant has resided for a period
of three years immediately prior to making the application.
D.
Whether such applicant has ever been in active military
or naval service of the United States and, if so, over what period
of time and what branch of service.
E.
The place or places and the time that the applicant
has previously engaged in hawking, peddling or vending.
[Amended 7-6-1982 by Ord. No. 810]
Each applicant must:
A.
Be a veteran, having been honorably discharged from
active military or naval service of the United States for any period
of time.
[Amended 5-16-2000 by Ord. No. 1354]
B.
Maintain his principal residence in the City of North
Wildwood and have so maintained such residence for at least 12 months
prior to the application. "Principal residence" shall mean that residence
at which one actually physically resides at least 50% of the time
in each year. In addition, one claiming his or her principal residence
in the City of North Wildwood must continually during the last two
years preceding the issuance of his license have been registered to
vote in the City of North Wildwood and used his North Wildwood residence
address on his driver's license and federal income tax return. A full-time
student who qualifies for a license except that while being away at
school he cannot fulfill the physical residence requirement shall
nevertheless qualify as a licensee during such schooling, as long
as he maintains a residence within the City of North Wildwood to which
he intends to return and does return when school is not in session.
C.
Sign a hold harmless agreement in favor of the City
of North Wildwood.
[Added 5-16-2000 by Ord. No. 1354]
D.
Supply proof that the applicant holds the minimum
insurance requirements as recommended by the Atlantic County Joint
Insurance Fund or current City of North Wildwood insurance carrier.
[Added 5-16-2000 by Ord. No. 1354]
[Amended 8-3-1971 by Ord. No. 572; 5-20-1975 by Ord. No. 647; 3-18-2014 by Ord. No. 1642; 12-6-2022 by Ord. No. 1891]
[Amended 3-18-2014 by Ord. No. 1642; 12-6-2022 by Ord. No. 1891]
The six unused licenses at the end of 2022 and
any license that becomes available thereafter may be let out for public
bid by auction. Subsequent to the adoption of this article, no license
shall be issued by any manner other than public auction. Council may,
at its discretion and by resolution, direct that said public auction
process be held for licenses individually or as a group.
[Amended 3-7-1995 by Ord. No. 1199; 12-6-2022 by Ord. No. 1891]
The holders of the four remaining licenses at
the end of 2022 shall continue to have the right to renew the same
if application is made to the City Clerk on or before June 30 in the
year of renewal. In the event that no application for renewal is made,
there will be no automatic right of renewal of the license. The City
Clerk shall then inform Council of the availability of said license
and Council may, at its discretion, direct that the public auction
process be initiated for said license.
[1]
Editor’s Note: Former § 330-7, Residency requirements,
was repealed 12-6-2022 by Ord. No. 1891.
[Amended 3-20-1991 by Ord. No. 1054; 5-21-2002 by Ord. No. 1411]
Any person violating any provision of this article
shall, upon conviction, be punished for each offense by a fine not
to exceed $1,250 or by imprisonment for a term not to exceed 90 days,
or both.
[Adopted 4-1-1986 by Ord. No. 921]
As used in this article, the following terms
shall have the meanings indicated:
Any "vehicle," as defined in N.J.S.A. 39:1-1, that is used
for towing a vending unit and for the displaying, storing, or transporting
of articles offered for sale by a vendor using said vending unit,
which is required to be licensed and registered by the New Jersey
Department of Motor Vehicles.
[Amended 5-16-2000 by Ord. No. 1354; 4-16-2019 by Ord. No.
1778]
Any individual, but should not be construed to mean a corporation,
partnership, association or any other form of business entity.
Any pushcart, wagon or other wheeled vehicle or device which
may be moved without the assistance of a motor and which is not required
to be licensed and registered by the Department of Motor Vehicles
used for the displaying, storing or transporting of articles offered
for sale by a vendor.
Any person who goes from house to house, from place to place
or from street to street, traveling by foot, automotive vehicle or
any other type of conveyance, carrying or transporting merchandise
for the purpose of selling and delivering the merchandise to customers.
The word "vendor" shall also include the words "peddler" and "hawker."
A.
License required. No person shall engage in hawking,
peddling or vending within the City of North Wildwood unless he holds
and has in his possession a valid license permitting hawking, peddling
or vending, issued pursuant to and in accordance with the provisions
of Title 45 of the Revised Statutes of New Jersey (N.J.S.A. 45:24-9
et seq.), and shall have registered with the City of North Wildwood
as hereinafter provided.
B.
Exceptions.
(1)
Nothing herein contained shall be deemed or construed
to prohibit the sale of ice cream products on the public beaches as
otherwise permitted and licensed by the City of North Wildwood.
(2)
Nothing herein contained shall be deemed or construed
to prohibit the selling or offering to sell farm produce by farmers
under a license issued by the City Clerk as hereinafter provided.
The term "farmer" shall mean any person who owns or leases a farm
of not less than five acres in size. The number of licenses authorized
under this subsection shall not exceed two. Licenses under this subsection
shall be issued by the City Clerk to qualified applicants who apply
during regular business hours in the office of the City Clerk on a
first-come-first-served basis. No person shall have either a legal
or an equitable interest in more than one license under this subsection.[1]
[Amended 6-7-1990 by Ord. No. 1066; 12-16-2014 by Ord. No. 1665]
[1]
Editor's Note: Former Subsection B(3), regarding the hawking,
peddling or vending of food products during the year 1974, which immediately
followed this subsection, was repealed 12-16-2014 by Ord. No. 1665.
A.
Any person having the type of license referred to in § 330-10, namely, a person issued a license pursuant to Title 45 of the Revised Statutes of the State of New Jersey (N.J.S.A. 45:24-9 et seq.) who desires to hawk, peddle or vend within the City of North Wildwood shall, in advance thereof, register with said City in the following manner:
[Amended 8-7-1990 by Ord. No. 1072; 5-16-2000 by Ord. No. 1354; 12-16-2014 by Ord. No. 1665]
(1)
The applicant for registration shall produce a license
issued to him/her by a County Clerk, pursuant to Title 45 of the Revised
Statutes of the State of New Jersey. In addition, each licensee shall
sign a hold harmless agreement in favor of the City of North Wildwood.
[Amended 4-5-2022 by Ord. No. 1872]
(2)
He shall complete and sign a form of application for
registration made available by the city, setting forth the following
information:
(a)
His name and address.
(b)
A description of the applicant.
(c)
Places of residence of the applicant for registration
for the past five years immediately preceding the date of application.
(d)
A description of the nature of the business
proposed.
(e)
A description of the vending unit to be utilized.
If a motor vehicle is to be utilized in servicing the vending unit,
the registration number, license plate number and name and address
of the insurance carrier, insurance policy number and statement of
coverages must be listed.
(f)
Whether or not the applicant has ever had a
license to conduct the business sought to be registered and whether
or not he ever had a license to conduct said business denied or revoked
and, if so, setting forth the details thereof.
(g)
The date, place and nature of the conviction
of the registrant of any crime.
(h)
Two photographs showing the applicant's face,
front and profile, representative of the applicant's appearance at
the time of the application for registration, of a minimum size of
1 1/2 inches square, which photographs shall be affixed to the
application for registration.
(i)
Proof of insurance policy or policies as recommended
by the Atlantic County Joint Insurance Fund or current City of North
Wildwood insurance carrier, issued by an insurance company or companies
licensed to do business in the State of New Jersey, protecting the
registrant and the City from all claims or damages to property and
bodily injury, including death, which may arise from operations under
or in connection with the vending, hawking or peddling. Such insurance
shall name as an additional insured the City of North Wildwood and
shall provide that the policy shall not terminate or be canceled prior
to the expiration date without 30 days' advance written notice to
the city. The amounts of insurance required are the minimum insurance
requirements of the Atlantic County Joint Insurance Fund.
(j)
A description of the nature of the business, itemizing the items
to be sold; however, no vendor may sell anything under this license
except hot dogs, soda, juice, water, water ice, soft pretzels and
prepackaged snacks. No other items may be sold under this license,
including such items as ice cream products.
[Amended 4-16-2019 by Ord. No. 1778]
B.
Upon satisfactory completion of the registration process
and upon payment of the registration fee, there shall be issued a
registration certificate addressed to the applicant to conduct the
business applied for. Such certificate shall contain the signature
of the issuing officer and shall show the name, address and photograph
of the applicant, the type of business registered for; the kind of
goods and services to be sold thereunder; the date of issue; the length
of time the certificate shall be operative; and the license number
and other identifying description of any vehicle used in the activity
licensed. This certificate shall be worn by the vendor in clear view
of the public at all times.
C.
Any certificate of health compliance issued by the
Cape May County Health Department shall be conspicuously displayed
on the vending unit in clear view of the public. No vending unit shall
be permitted on the streets or sidewalks of the City of North Wildwood
without such a certificate of health compliance.
D.
A registration shall be renewable each year on or
before April 1 unless such registration has been revoked.
E.
Each vendor must own the vending unit which he/she
operates, and no vendor may operate any more than one vending unit
at any time.
[Amended 5-16-2000 by Ord. No. 1354]
F.
Registrations shall not be assignable or transferable.
G.
There shall be a registration fee of $50 for each
vendor.
H.
The City of North Wildwood shall be notified of any
change in business address or residence of the vendor within 30 days
by notice, either in writing or in person.
The business of hawking, peddling or vending
shall be subject to the following regulations:
A.
No vending units shall be permitted to be in use and
shall be off the streets and sidewalks of the City during the period
from 10:00 p.m. to 7:00 a.m. daily.
[Amended 4-7-1998 by Ord. No. 1281]
B.
All vending units must be on wheels and mobile.
C.
There shall be no vending within 100 feet of the grounds
of any school between 1/2 hour prior to the start of the school day
and 1/2 hour after dismissal at the end of the school day.
[Amended 4-7-1998 by Ord. No. 1281]
D.
There shall be no vending within 100 feet of any church,
synagogue or other house of worship while the same is in session.
[Amended 4-7-1998 by Ord. No. 1281]
E.
No vending unit shall be left unattended for any reason
on the streets or sidewalks of the City of North Wildwood.
[Amended 5-16-2000 by Ord. No. 1354]
F.
There shall be no sale of food or beverage for immediate
consumption unless the vendor has made available for the public use
a litter receptacle which is available for use by his patrons.
G.
No vendor shall leave any location without first picking
up, removing or disposing of all trash or refuse remaining from the
sales made by him. He shall not sweep or deposit any accumulation
of litter into any gutter or street.
H.
No vendor shall allow any items related to the operation
of the vending business to be placed anywhere other than in or on
the vending unit and the motor vehicle that has towed said vending
unit, except that each vendor may have up to a maximum of four coolers
with a total capacity of up to 175 quarts, which may be placed upon
the ground near the vending unit.
[Amended 4-7-1998 by Ord. No. 1281; 4-16-2019 by Ord. No.
1778]
I.
No vendor shall set up, maintain or permit the use of any table, crate, carton or rack or other device to increase the selling or display capacity of his vending unit and the motor vehicle that has towed said vending unit. There shall be no stacking of items to be sold upon any sidewalk or street. All materials and/or merchandise must be located solely on the vending unit or a motor vehicle that has towed the vending unit, with the exception of a cooler. (See Subsection H above.)
[Amended 4-7-1998 by Ord. No. 1281; 5-16-2000 by Ord. No. 1354; 4-16-2019 by Ord. No. 1778]
J.
No vendor shall solicit or conduct business with persons
in motor vehicles. All sales are to be conducted from the curbside
of the vehicle and only to pedestrians.
K.
No person shall sell anything other than such commodities
described in his registration.
L.
No vendor shall use any device which produces a loud
or raucous noise or use or operate any loudspeaker, public-address
system, radio, sound amplifier or similar device to attract the attention
of the public.
M.
No hawker, peddler or vendor shall have any exclusive right to any location in the public streets, nor shall he be permitted to operate in any congested area where his operation might unreasonably impede the public. A license to hawk, peddle or vend, granted under this article does not authorize the display or sale of merchandise from a fixed location, which is specifically prohibited. For exceptions, see §§ 330-18 and 330-19 hereof.
[Amended 4-7-1998 by Ord. No. 1281]
N.
No vendor shall sell from a vending unit or from a motor vehicle that was used to tow the said vending unit on a sidewalk where the sidewalk is less than nine feet in width, or vend within 25 feet of the outside perimeter of any entrance to any building, or vend within 25 feet of any driveway, within 25 feet of a crosswalk of any intersection, or 25 feet of any bus or jitney zone, within 25 feet of any emergency exit, within 25 feet of any loading and unloading zone, within 100 feet of the principal entrance to a hotel or motel or within 250 feet of any business establishment involved in the distribution, preparation or sale of food. The vending location described in § 330-19 shall be an exception to the restriction of proximity to a crosswalk of any intersection.
[Amended 7-5-1994 by Ord. No. 1182; 4-7-1998 by Ord. No. 1281; 4-16-2019 by Ord. No. 1778; 4-5-2022 by Ord. No. 1872]
O.
No vendor shall allow his vending unit or any other
item relating to the operation of the vending business to be placed
against any building or other structure without the consent of the
owner of said building or structure.
P.
No person shall hawk, peddle or vend unless he has
in his possession a valid state license, issued pursuant to Title
45 of the Revised Statutes of the State of New Jersey, and/or his
registration card with the City of North Wildwood.
[Amended 8-7-1990 by Ord. No. 1072]
Q.
A vendor may park a motor vehicle that is used to
tow his vending unit in close proximity to his vending unit and use
said motor vehicle for display and sale of products. The vendor may
do nothing which would restrict or interfere with the ingress or egress
of the abutting property owner or tenant, or create or become a public
nuisance, increase traffic congestion or delay or constitute a hazard
to traffic, life or property or an obstruction to adequate access
for fire, police or sanitation vehicles. No vendor shall park his
vending unit or motor vehicle on a sidewalk, nor shall he operate
his business in any manner which would block the sidewalk for free
use by pedestrians. The vendor, however, may stand on the sidewalk
while vending, as long as he does not block the sidewalk from reasonable
use by pedestrians.
[Amended 4-7-1998 by Ord. No. 1281; 5-16-2000 by Ord. No. 1354; 4-16-2019 by Ord. No. 1778]
R.
All vending units must be thoroughly covered with
proper material to assure that no portion that is heated is exposed
where the public is able to come in contact with it.
S.
No vendor shall use any conveyance, device or thing
whatsoever which, when fully loaded with merchandise, cannot be easily
moved and maintained under control by the licensee.
T.
Except with respect to the vending locations set forth in § 330-18 hereof, some of which are within 500 feet of each other, no vendor shall stop, stand, park, place or allow his vending unit, or the motor vehicle that was used to tow the vending unit, closer than 500 feet from any other vending unit being used by any other vendor.
[Amended 4-7-1998 by Ord. No. 1281; 5-16-2000 by Ord. No. 1354; 4-16-2019 by Ord. No. 1778; 4-5-2022 by Ord. No. 1872]
U.
There shall be no mixing of food and nonfood items
for sale.
V.
Except with respect to the vending locations set forth in §§ 330-18 and 330-19, no vending units or motor vehicles used to tow vending units shall be within 250 feet of the beach or boardwalk.
[Amended 11-4-1987 by Ord. No. 977; 12-16-2014 by Ord. No. 1665; 4-16-2019 by Ord. No. 1778; 4-5-2022 by Ord. No. 1872]
W.
At no time shall a vending unit be located in such
a way as to not provide a continuous space of eight feet for pedestrian
passage.
X.
Any licensed vendor may be assisted by up to one unlicensed
helper, who must be registered with the City and pay a registration
fee of $50. The unlicensed helper must supply the City with his or
her photo identification for copying and shall have the photo identification
on his or her person when assisting the licensed vendor. A licensed
vendor, however, must remain at the vending unit at all times, except
that the licensed vendor may leave for short periods of time up to
20 minutes to take care of other business, but in the event that he
is to be away from the vending unit for more than 20 minutes, then
the vending unit must be closed for business during his absence. A
licensed vendor shall not leave his vending unit on more than two
occasions during any day.
[Amended 5-16-2000 by Ord. No. 1354; 4-16-2019 by Ord. No.
1778]
Y.
No vendor may have any writing or signs of any nature
on or attached to his vending unit, or in the vicinity of the area
in which he is vending; except as follows:
[Added 5-16-2000 by Ord. No. 1354]
Z.
Except for licensees using a motor vehicle which has been used to tow a vending unit and which may be used for the display and sale of products, and licensees utilizing a license that has been issued pursuant to the provisions of § 330-10B in conjunction with the sale of farm produce, licensees are not permitted to vend from motor vehicles.
[Added 5-16-2000 by Ord. No. 1354; amended 12-16-2014 by Ord. No. 1665; 4-16-2019 by Ord. No. 1778]
No vending unit shall exceed four feet in width,
seven feet in length and eight feet in height.
Vendors of food and beverages shall comply with
the inspection provisions and standards of the Cape May County Health
Department. The equipment used in the vending of food and beverages
shall be inspected upon application for registration and shall receive
a certificate of inspection upon compliance with all applicable ordinances
and state statutes. Each food and beverage vending unit shall be inspected
at least once a year. In addition to any other health and sanitation
requirements, the following regulations must be followed:
A.
All vending units shall be stored in an enclosed garage
when not in use. The garage shall have an impervious floor and have
adequate floor drains to allow for the cleaning and washing of the
vending unit.
B.
The location of the food storage, food preparation
and cart storage shall be subject to the applicable provisions of
the New Jersey State Sanitary Code, N.J.A.C. 8:21 through 8:24.
C.
All food product storage and preparation areas shall
be enclosed by partition and separated from any cart storage or non-food-preparation-related
operations. In the event that the mobile cart base is the same as
an individual's residence, the commercial food storage and preparation
shall be separate from the residential portion of the premises.
D.
All vending units dispensing hot food shall be equipped
with:
(1)
Twin potable-water tanks consisting of a minimum capacity
of eight gallons, heated electrically or otherwise and tilted toward
a capped drain cock. The water inlet pipe shall be removable, flexible
copper or other tubing approved by the Plumbing Subcode Official of
the City of North Wildwood, with a nozzle for a hose connection when
not being used.
(2)
A hand-wash sink, seamless with running hot and cold
water, soap and single-service towels.
(3)
A suitable waste tank with an adequate method of gauging
the contents and having a capacity at least equal to the capacity
of the water supply tank shall be provided and shall be tilted toward
a drain cock. All waste shall be emptied and flushed into a sanitary
sewer as often as necessary, in a sanitary manner, in order to maintain
sanitary conditions.
(4)
A refrigerated box capable of maintaining a temperature
of 45º F. and equipped with an indicating thermometer shall be
provided for various ingredients carried, with metal racks or platforms
provided to store ingredients.
(5)
A refuse container, with cover, attached to the cart
for the deposit of papers and other solid wastes by customers and
operators. Said container must be readily cleanable and kept clean.
E.
Additional health regulations.
(1)
Vending units operating after sundown shall be lighted
with at least 30 footcandles of light on all working surfaces.
(2)
Every vending unit shall be constructed of such acceptable
material as to enable it to be readily cleaned, and equipment shall
be installed in such a manner that the unit can be kept clean and
food will not be contaminated during cooking, serving, display or
storage.
(3)
Food-contact surfaces of vending units shall be provided
with a close-fitting lid to protect food products from dust, dirt
and splash.
(4)
Vending units shall be disassembled and cleaned daily
or more often as deemed necessary by the health authority. All food
contact surfaces of vending units shall be washed, rinsed and sanitized
in accordance with procedures of the applicable chapter of the New
Jersey State Sanitary Code.
(5)
The cart-cleaning process at the vending base of operation
shall be segregated from food product storage, preparation, cleaning
or refuse areas.
(6)
Wastewater from any discharge shall be disposed of
in a sanitary manner and shall not create a nuisance.
(7)
All perishable foods transferred from a distribution
point and delivered to the vending unit must be done under refrigeration.
All vending units, whether in motor vehicles
or not, in or from which food is prepared or sold shall comply with
the following requirements:
A.
All equipment installed in any part of the vending
unit shall be secured in order to prevent movement during transit
and to prevent detachment in the event of a collision or overturn.
B.
All utensils shall be stored in order to prevent their
being hurled about in the event of a sudden stop, collision or overturn.
A safety knife holder shall be provided to avoid the loose storage
of knives.
C.
Compressors, auxiliary engines, generators, batteries,
battery chargers, gas-fueled water heaters and similar equipment shall
be installed so as to be accessible only from the outside of the unit.
[Amended 4-7-1998 by Ord. No. 1281]
A.
Licenses issued under the provisions of this article
may be suspended or revoked by any court of proper jurisdiction, including
the North Wildwood Municipal Court, for any of the following reasons:
(1)
Fraud or material misrepresentation contained in the
application.
(2)
Fraud or material misrepresentation made in the course
of carrying on the business of vending.
(3)
Conducting a business in such a manner as to create
a public nuisance or constitute a danger to the public health, safety,
welfare or morals.
B.
Violation of any of the regulations of this article
may result in suspension or revocation of the vendor's right to vend
within the City of North Wildwood by action of the City Administrator.
The City Administrator must first notify the vendor, in writing, of
his proposed action and serve the vendor either personally or by certified
mail, return receipt requested, to the address the vendor last supplied
to the City Clerk. The notice shall give the vendor three business
days to request a hearing from the City Administrator, and if he does,
the hearing shall be held within seven days thereafter. Notice of
suspension or revocation shall become an enforceable order of suspension
or revocation in the event that a hearing is not timely requested.
In the event a hearing has been held and a determination made, the
determination shall constitute an enforceable order.
[Amended 12-16-2014 by Ord. No. 1665]
[Amended 3-20-1991 by Ord. No. 1054; 4-7-1998 by Ord. No. 1281; 5-21-2002 by Ord. No. 1411]
Any person violating any of the provisions of
this ordinance shall, upon conviction in a court of proper jurisdiction,
be punished by a fine not exceeding $1,250 or by imprisonment not
exceeding 90 days, or both. If a violation is immediately correctable
by moving the vending unit, failure to do so upon the request of a
police officer shall constitute a separate offense and may subject
the vendor to arrest and the towing of his vending unit. Every day
that a violation or this article exists shall constitute a separate
offense. In the event that a police officer, in the exercise of his
or her discretion, determines that a particular violation is resulting
in a dangerous condition or is a violation of health regulations,
the police officer may immediately terminate that vendor's right to
vend until the vendor has corrected the violation.
[Added 4-7-1998 by Ord. No. 1281; amended 9-7-1999 by Ord. No.
1334; 7-18-2000 by Ord. No. 1369; 8-16-2005 by Ord. No. 1480; 12-16-2014 by Ord. No. 1665; 8-4-2015 by Ord. No. 1682; 5-17-2016 by Ord. No. 1700; 4-16-2019 by Ord. No. 1778; 4-5-2022 by Ord. No. 1872]
It shall be unlawful for a vendor to park his,
her or its vending unit in a paid parking space and to vend therefrom,
with the following exceptions:
A.
Exception. The following paid parking spaces may be reserved through the issuance of a permit from the City by filing an application therefor in the office of the City Clerk. These permits shall run from May 1 through April 30 of the following year. Those vendors who, by custom, have used any of these locations on a permanent basis during the summer of 2014 shall have the right annually to renew said locations, at an annual charge of $950. A notice of paid parking space renewal shall be submitted to the City Clerk by February 1 of each year expressing desire to renew the paid parking space permit for the upcoming one-year term beginning on May 1. Once a paid parking space is not renewed for the upcoming one-year term, it may become available and awarded to the highest bidder through a public bid process authorized by resolution of City Council open to any person holding a valid license issued pursuant to and in accordance with the provisions of Title 45 of the Revised Statues of the State of New Jersey (N.J.S.A. 45:24-9 et seq). The winning bidder shall register with the City Clerk in accordance with the procedures that are set forth in § 330-11 et seq. The duration of the public bid award shall be determined by Mayor and Council prior to the public bid process and in accordance with applicable law. Permits, whether annually renewed or awarded by public bid, shall not be transferable or assignable.
|
PAID PARKING SPACES
| |
|---|---|
|
Meter Number
|
Location
|
|
A23
|
In the 500 Block of East 2nd Avenue
|
|
162
|
In the 300 Block of Kennedy Drive
|
|
S54
|
At Surf Avenue and the Beach
|
|
The following two additional paid parking spaces may also be
awarded by public bid:
| |
|
134
|
In the 700 Block of Kennedy Drive
|
|
96
|
In the 1100 Block of Kennedy Drive
|
B.
All of
the default paid parking spaces described above are situated in close
proximity to a portion of the North Wildwood Beach that was subject
to heavy use by the public during summer seasons when the paid parking
spaces were designated as default locations. Due to the continually
changing size and configuration of the beach, Council recognizes that
the beach near any given paid parking space may be subject to significant
size changes between the end of one summer season and the beginning
of the next summer season, and that such changes may have a deleterious
effect on the economic viability of the affected paid parking space.
Therefore, nothing in this section shall be deemed as prohibiting
Council from changing a paid parking space for one summer season by
way of adoption of a resolution. Such resolution only shall be considered
by Council upon written application made prior to May 10 to the City
Clerk by a vendor holding a permit to vend from a default paid parking
space for any given year. In reassigning a paid parking space for
one summer season, Council shall endeavor to maintain the spacing
that exists between the default paid parking spaces. No paid parking
space reassignment request received by the City Clerk after May 10
shall be considered by Council. At the end of the summer season in
which a paid parking space has been reassigned, the paid parking space
for that vendor shall revert to the original default location for
the following summer season, but the vendor shall not be prohibited
from making a subsequent reassignment request for the following summer
season.
[Added 4-7-1998 by Ord. No. 1281; amended 9-7-1999 by Ord. No. 1334; 4-5-2022 by Ord. No. 1872]
A.
One vending location, adjacent to the seawall at the northeast corner of the intersection of Pine and New York Avenues (the southwest corner of Block 193, Lot 1), shall be reserved for a vendor who is the highest bidder through a public bid process authorized by resolution of City Council open to any person holding a valid license issued pursuant to and in accordance with the provisions of Title 45 of the Revised Statutes of the State of New Jersey (N.J.S.A. 45:24-9 et seq.). The winning bidder shall register with the City Clerk in accordance with the procedures that are set forth in § 330-11 et seq. The duration of the public bid award shall be determined by Mayor and Council prior to the public bid process and in accordance with applicable law. Permits awarded by public bid shall not be transferable or assignable.
B.
Only a vending unit and no motor vehicle may be used at the vendor location described in Subsection A. At the request of the winning bidder, Council may designate the nearest paid parking space on New York Avenue as reserved for the motor vehicle of the vendor that has towed the vending unit to the area.
[Added 4-7-1998 by Ord. No. 1281]
The Mayor, with the approval of City Council,
may waive any of the regulations contained in this article in connection
with special events and shall do so by written notification to the
North Wildwood Police Department.
