A.
No person, persons, firm or corporation shall operate
a mobile food establishment within the limits of the City of Passaic
until a mobile food establishment license therefor is first obtained
from the Division of Health of the City of Passaic.
B.
The mobile food establishment license shall be posted
in a conspicuous location on the mobile food establishment where it
may be readily observed by all patrons.
C.
No portion of the license shall be obstructed from
view during display.
D.
It shall be unlawful for the any person to erase,
cancel, deface, or alter a license once it has been issued by the
Division of Health.
E.
The owner or person in charge of a mobile food establishment
shall permit any City of Passaic official, inspector or police officer
who has presented proper identification to fully examine any mobile
food establishment license issued by the Division of Health.
F.
Mobile food establishment licenses issued by the Division
of Health shall contain a registration number and the date of expiration.
G.
Licenses shall be valid for a calendar licensing period
commencing January 1 and ending December 31. All licenses issued during
the course of a calendar year shall expire on December 31 of that
year, regardless of the date issued.
H.
License holders shall notify the Division of Health
in writing within 10 calendar days of any change in the owner's contact
information or of discontinuance of operations.
Licenses once issued by the Division of Health
shall not be transferable to another person or entity or from mobile
food establishment to mobile food establishment.
A.
Upon the issuance of a mobile food establishment license
to a nonmotorized mobile food establishment and upon every license
renewal thereafter, the Division of Health shall issue an official
registration sticker. The registration sticker shall bear the registration
number and expiration date for the mobile food establishment license
issued by the Division of Health to the nonmotorized mobile food establishment.
B.
It shall be the duty of the licensee of the nonmotorized
mobile food establishment to affix the official registration sticker
in a conspicuous place on the nonmotorized mobile food establishment.
C.
No portion of the official registration sticker shall
be obstructed from view during display.
D.
Official registration stickers shall not be transferable
to another person or entity from the nonmotorized mobile food establishment
for which it was issued to another nonmotorized food establishment.
It shall be unlawful for any person to remove an official registration
sticker for the purposes of affixing it on another nonmotorized food
establishment for which the registration sticker was not issued.
E.
It shall be unlawful for any person to erase, cancel,
deface, or alter an official registration sticker once issued by the
Division of Health.
[Amended 1-10-2012 by Ord. No. 1881-11; 1-11-2018 by Ord. No. 2140-17]
No more than 35 mobile food establishment licenses, with 10 such licenses specifically set aside for assignment under § 149-15.1, shall be issued per calendar year by the Division of Health.
[Added 1-11-2018 by Ord.
No. 2140-17]
A.
Location. Madison Street, between Hope Avenue and George Street,
shall be authorized as "Food Truck Row" and shall consist of 10 designated
parking spots.
B.
Applicable mobile food establishments. Ten mobile food establishment
licenses shall be specifically set aside for assignment to "Food Truck
Row." Mobile retail food establishments, with the exception of catering
trucks, ice cream trucks, carts, bicycles, or other hand-carried portable
containers, may apply for a "Food Truck Row" license. Only those mobile
retail food establishments holding a license specifically designated
for "Food Truck Row" may utilize said location. Those mobile food
establishments holding a "Food Truck Row" license shall not be authorized
to operate in any other location within the City of Passaic.
C.
Manner of use. The 10 designated parking spots shall be utilized
by mobile retail food establishments on a first-come-first-served
basis. No mobile retail food establishment shall park in any manner
which obstructs the flow of vehicular traffic along Madison Street.
All existing Municipal Code provisions governing mobile food establishments
generally within the City of Passaic shall otherwise remain in effect
for "Food Truck Row."
A.
Notwithstanding, the numerical limitation on licenses
for mobile retail food establishments shall not apply to the following
vendors:
(1)
Vendors who have any license to sell food from such
establishments, issued by any state board, body or officer, and who
are veterans, all as set forth in N.J.S.A. 38:23A-5 and 23A-6.
(2)
Exempt firemen, as defined in N.J.S.A. 40A:14-55 et
seq.
(3)
Vendors who operate catering vehicles and only sell
food directly to employees of industrial and/or commercial establishments
and who do not sell food to the general public.
B.
The applicant shall supply the Division of Health
with suitable proof to qualify for an exception as described herein.
No more than one mobile food establishment license
shall be issued to a mobile food vendor annually. Itinerant food vendors
having more than one license at the time this provision was adopted
shall be permitted to retain and renew such licenses until natural
attrition shall reduce the number of licenses to sell food to one
license per vendor. The restriction on the number of mobile food licenses
a food vendor can hold annually shall apply to all persons, including:
The restriction on the number of mobile food
establishment licenses a food vendor can hold annually shall not apply
to vendors who operate catering vehicles and only sell food directly
to employees of industrial and/or commercial establishments and who
do not sell food to the general public.
No license shall be issued for the sale of raw
uncooked fish, meat, poultry, or ratites from a mobile retail food
establishment.
Mobile food establishments shall operate from
a commissary or other fixed retail or wholesale food establishment
which is licensed and approved by a local health department within
the State of New Jersey. The mobile food establishment shall report
to the base of operations for all cleaning, disposal of wastewater,
and servicing operations and for obtaining food supplies. The base
of operations shall operate in compliance with applicable public health
regulations and shall be located in such proximity so as to permit
easy and immediate access by the mobile food establishment during
its operation in the City of Passaic.
A.
Hand-washing sink. All mobile food establishments
which prepare food shall have at least one sink of adequate size and
so located and maintained as to permit convenient and expeditious
use by all food-handling personnel. Hand-washing sinks shall be designed
to provide hot and cold tempered water (90° F. to 105° F.).
An adequate supply of hand-washing soap, disposable paper towels,
and a hand-washing sign approved by the Division of Health shall be
provided at the hand-washing sink. The use of common towels for hand-drying
is prohibited.
B.
Three-compartment sink. All mobile food establishments
which prepare food shall have, in addition to a hand-washing sink,
a three-compartment sink. The sink shall be used, respectively, for
the washing, rinsing, and sanitizing of utensils and equipment. Sink
compartments shall be large enough to permit the complete immersion
of equipment and utensils, and each compartment of the sink shall
be adequately supplied with hot and cold potable tempered water (90°
F. to 105° F.). Manual sanitization shall be accomplished through
immersion in a clean solution containing a chemical sanitizing agent
approved by the Division of Health. Three-compartment sinks shall
not be used for hand washing.
A.
Any person desiring a mobile food establishment license
shall apply, in writing, on forms promulgated and supplied by the
Division of Health. Such forms shall be duly verified by the applicant.
The applicant shall set forth:
(1)
The name, permanent addresses and telephone number
of the owner and all persons who will serve as food handlers for the
mobile food establishment, whether paid or not.
(2)
If the applicant is a corporation, partnership, LLP
or LLC, provide the name and address of its registered agent.
(3)
The full business name for the mobile food establishment,
along with business address and post office address.
(4)
The full business name and address of the mobile food
establishment's base of operations. If the establishment to be used
as a base of operations is located outside the corporate limits of
the City of Passaic, the applicant shall supply suitable evidence
that the establishment is approved by the local health department
having jurisdiction over the establishment.
(5)
A list of all food items that shall be prepared and
offered to the public.
(6)
A photocopy of a valid motor vehicle registration
for the mobile food establishment, if the establishment is a motor
vehicle, shall be submitted to the Division of Health by the applicant
with his application for licensure.
B.
No initial license shall be issued by the Division
of Health unless the mobile food establishment to be licensed has
been fully inspected and found to be in compliance with the requirements
of this chapter, as well as the regulations of the State of New Jersey,
including the New Jersey Administrative Code at N.J.A.C. 8:24-1.1
et seq., as the same may be from time to time amended and supplemented.
C.
The Division of Health shall not renew a license for
a mobile food establishment unless the establishment was inspected
within the last 12 months and found to be in compliance with the requirements
of this chapter, as well as the regulations of the State of New Jersey,
including the New Jersey Administrative Code at N.J.A.C. 8:24-1.1
et seq., as the same may be from time to time amended and supplemented.
D.
At least 30 days prior to expiration of a license,
the licensee shall make an application for renewal with the Division
of Health.
[Amended 11-10-2011 by Ord. No. 1877-11]
The following fees shall be made payable to
the City of Passaic Division of Health:
A.
Any person desiring to renovate, expand or substantially
alter a mobile food establishment shall submit plans and specifications
to the Division of Health for review and final approval prior to such
renovations, expansions or alterations taking place.
B.
Upon receipt of plans and specifications for renovations,
expansions or alterations of a mobile food establishment, the Division
of Health shall perform a review of such plans within 30 days of the
date of submission and issue an approval or denial of approval.
C.
All plans and specifications shall meet the requirements
set forth in the New Jersey Administrative Code at N.J.A.C. 8:24 as
the same may be from time to time amended and supplemented.
A.
All mobile food establishments shall post the latest
inspection evaluation placard provided by the Division of Health in
a conspicuous place, alongside the mobile food establishment license,
where it may be readily observed by all patrons.
B.
It shall be unlawful to post any other evaluation
placard other than the latest evaluation placard provided by the Division
of Health.
C.
No portion of an evaluation placard shall be obstructed
from view during display.
D.
It shall be unlawful for any person to erase, cancel,
deface, or alter an evaluation placard once it has been issued by
the Division of Health.
E.
The owner or person in charge of a mobile food establishment
shall permit any City of Passaic official, inspector or police officer
who has presented proper identification to fully examine any evaluation
placard issued by the Division of Health.
