[Adopted 6-19-1975 by Ord. No. 217-75 as Section 4-2 of Chapter IV of the Revised General Ordinances of the City of Passaic, 1975; amended in its entirety 1-12-2010 by Ord. No. 1821-09]
As used in this article, the following terms shall have the meanings indicated:
CATERING TRUCK
A motorized vehicle from which approved, prepackaged foods are sold or conveyed and wherein no food preparation is conducted. Catering trucks shall be of such design to contain single food service compartments on the driver's side, passenger side and rear of the vehicle that are only accessible from hinged doors which extrude upwards when opened.
FOOD
A raw, cooked or processed edible substance, ice, beverage or ingredient used or intended for use or for sale in whole or in part for human consumption, or chewing gum.
HIGHER EDUCATION FACILITY
Any college, university or similar institution, including a technical or business school, licensed by the State of New Jersey that offers postsecondary-level academic instruction in the City.
[Added 4-26-2022 by Ord. No. 2345-22]
MOBILE RETAIL FOOD ESTABLISHMENT
Any movable restaurant, agricultural market, truck, van, trailer, catering truck, ice cream truck, cart, bicycle or other movable unit, including hand-carried, portable containers, in or on which food or beverage is transported, stored or prepared for retail sale or given away at temporary locations.
PEDDLER
Any person, whether a resident of the City or not, traveling by foot, mobile food establishment or any other type of conveyance from place to place, from house to house or from street to street or remaining stationary in one or more places, carrying, conveying or transporting goods, wares, merchandise or food and offering, exposing, or delivering the same to the public with or without a charge. The term also includes hawkers, hucksters and vendors. The term shall not apply to federal census takers or persons who perform surveys or polls in accordance with federal, state or local laws.
[Amended 1-10-2012 by Ord. No. 1882-11]
A. 
No person, persons, firm or corporation shall engage in the business of a peddler within the corporate limits of the City of Passaic until a peddler's license therefor is first obtained from the City of Passaic.
B. 
Temporary peddler's license. No person, persons, firm or corporation shall engage in the business of a peddler on a temporary basis within the limits of the City of Passaic or permit the operation of any of the same on his premises or property unless and until the following licenses therefor are first obtained from the City of Passaic:
(1) 
Blanket temporary peddler's license for special events. The person, persons, firm or corporation responsible for organizing and running a special event involving the sale of assorted goods to the public, whether with or without charge, including carnivals, circuses, picnics, fairs and similar events, shall apply and obtain a blanket temporary peddler's license.
(2) 
Temporary peddler's license for special events. A temporary peddler's license shall be required for each individual stand, kiosk, booth, table, or similar conveyance at the special event from which assorted goods will be sold to the public. It shall be the duty of the blanket temporary peddler's license applicant to apply for and obtain all temporary peddler's licenses necessary for the event. The blanket temporary peddler's licensee shall ensure that only licensed temporary peddlers operate at this event.
(3) 
Temporary peddler's license for nonfixed location. A temporary peddler's license shall be required for any peddler for the sale of assorted goods to the public at a nonfixed location within the limits of the City of Passaic and shall be limited to a period of no more than 24 hours.
A. 
Any person desiring a peddler's license shall apply, in writing, on forms promulgated and supplied by the City Clerk. Such forms shall be duly verified by the applicant. The applicant shall set forth:
(1) 
His/her name, permanent mailing address, telephone number and the purpose for which he/she desires the license. If the applicant is a corporation, partnership, limited-liability partnership or limited-liability company, the name and address of its registered agent or agents shall be provided.
(2) 
A list of the specific items to be displayed, offered or delivered, with or without charge.
(3) 
The name, permanent mailing address and telephone number for each helper the licensee shall employ.
B. 
An applicant for a peddler's or helper's license shall furnish with his/her application three photographs of not more than two inches square. The City Clerk shall attach one copy of the photograph to the license, one to the permanent license record to be maintained by the Clerk's office and one to the duplicate license furnished by the Clerk to the Health Officer.
A. 
All applicants for a peddler's or helper's license shall make an application with the Chief of Police for a background search. The application shall require any information the Chief of Police deems necessary to make a full and complete background search. Such information shall include but not be limited to name, address, age and birth date, social security number, height, weight, physical characteristics and any other information the Chief of Police deems necessary.
B. 
The applicant shall be fingerprinted by the Chief of Police for identification and for performance of the background search.
A. 
Upon completion of fingerprinting and the background check, the Chief of Police shall either approve or deny the issuance of the peddler's or helper's license.
B. 
The Chief of Police shall have the power to deny the issuance of a peddler's or helper's license for any of the following causes:
(1) 
Fraud, misrepresentation or false statements contained in the permit application.
(2) 
Conviction of the applicant for any indictable offense or disorderly persons offense involving moral turpitude, fraud or dishonesty.
C. 
The Chief of Police shall provide an explanation to the applicant concerning his/her denial of a peddler's or helper's license in the form of a letter. A copy of the letter shall be forwarded to the City Clerk.
D. 
Applications for licensure wherein the offering of food, with or without charge, is indicated shall be forwarded by the City Clerk to the Health Officer for approval in accordance with § 149-12 through § 149-25 of the Code of the City of Passaic.
E. 
The Health Officer may deny the license in accordance with failure to comply with § 149-12 through § 149-25 of the Code of the City of Passaic and shall provide an explanation to the applicant concerning his/her denial of a peddler's or helper's license in the form of a letter or official sanitary inspection report. A copy of the letter or report shall be forwarded to the City Clerk.
F. 
Applications receiving approval by either the Chief of Police or the Health Officer shall be forwarded to the City Clerk for license issuance.
G. 
Licenses issued by the City Clerk shall contain a registration number and the date of expiration.
H. 
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.
I. 
License holders shall immediately notify the City Clerk, in writing, of any change in the owner's contact information or of discontinuance of peddling activities.
A. 
An applicant denied a peddler's license, except for a denial based on the total number of licenses issued, may resubmit his/her or her application with a written explanation, qualifying documents or other papers expressing why the application should be approved.
B. 
The Chief of Police shall have seven days to reconsider the application. At the end of this period, the Chief shall provide the applicant with a final approval or denial. If no response is received by the applicant, the application should be deemed denied.
C. 
An applicant may appeal the final decision of denial to the City Council in writing. No appeals will be heard by the City Council until a final disposition shall have been issued by the Chief of Police.
D. 
The applicant's appeal shall be heard by the second regular City Council meeting after the appeal is filed. The decision of the City Council will be deemed final.
A. 
License fees, to be paid prior to the issuance of an initial license and every renewal thereof, shall be as follows:
[Amended 2-23-2016 by Ord. No. 2039-16]
(1) 
To peddle, hawk or huckster, with or without a vehicle: $400.
(2) 
To peddle, hawk or huckster with one helper: $150 additional.
B. 
The fee for a duplicate license shall be $25.
C. 
Blanket temporary peddler's license: $150.
[Added 1-10-2012 by Ord. No. 1882-11]
D. 
Temporary peddler's license (special event or nonfixed location): $100.
[Added 1-10-2012 by Ord. No. 1882-11]
Licenses, once issued by the City Clerk, shall not be transferable to another person or entity.
[Amended 1-10-2012 by Ord. No. 1882-11; 1-11-2018 by Ord. No. 2140-17; 4-26-2022 by Ord. No. 2345-22]
No more than 35 peddler's licenses, with 10 such licenses specifically set aside for assignment under § 149-15.1 for the operation of mobile food establishments, shall be issued per calendar year by the City Clerk. Licenses issued for the operation of mobile retail food establishments exclusively on a higher education facility's property shall be exempt from such limitation.
Notwithstanding the numerical limitation on peddler's licenses for mobile retail food establishments, these limitations shall not apply to the following vendors:
A. 
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 38:23A-6.
B. 
Exempt firemen, as defined in N.J.S.A. 40A:14-55 et seq.
C. 
Vendors who operate catering trucks and only sell food directly to employees of industrial and/or commercial establishments and who do not sell food to the general public.
A. 
The license shall be posted in a conspicuous location on the mobile food establishment or other conveyance used for peddling. No portion of the license shall be obstructed from view during display.
B. 
If no mobile food establishment or other conveyance is used, the licensee shall carry the license on his/her person.
C. 
The owner or person in charge of an establishment shall permit any City of Passaic official, inspector or police officer who has presented proper identification to fully examine the license.
D. 
It shall be unlawful for any person to erase, cancel, deface or alter a license once it has been issued by the City Clerk.
A. 
The equipment or merchandise used or employed by any peddlers shall be maintained in a clean and sanitary manner.
B. 
Mobile food establishments shall be subject to inspection by the Health Officer or his/her designee.
C. 
Any violations observed by a police officer or the City Clerk pertaining to the sanitary practices, employee hygiene and/or food handling on mobile food establishments shall be immediately reported by that official to the Health Officer for his/her investigation.
A. 
Peddling shall be permitted only between the hours of 8:00 a.m. and 9:00 p.m., Monday through Sunday.
B. 
Peddling of any type shall not be permitted for more than 1/2 hour in any one location. ("Location" means the site at which the peddler parks his/her handcart or vehicle or sets up to vend and all that area within 200 feet thereof measured in any direction along a straight line.)
C. 
No peddler shall park any vehicle so as to impede traffic. He/she shall not park in any prohibited area. He/she shall not park at any metered parking space without inserting the required coins in said meter. No peddler shall set up to vend on any street, sidewalk or other part of the public right-of-way so as to impede either vehicular or pedestrian traffic or cause or create a hazardous situation.
D. 
No peddler or helper shall place any signs, chairs, tables, stools or any other item whatsoever on or over any part or portion of any street, sidewalk, curb, alley or any other part of the right-of-way, whether paved or unpaved.
E. 
Peddling of any type shall not be permitted on private property unless authorized, in writing, by the owner. A peddler shall produce such authorization upon demand of any person authorized to enforce this article.
F. 
Catering trucks selling food on private property or mobile retail food establishments selling food exclusively on the property of a higher education facility, provided the mobile retail food establishments have received prior written approval from the higher education facility to provide such services, shall be exempt from the permitted hours of operation and time frame to remain in one location.
[Amended 4-26-2022 by Ord. No. 2345-22]
No mobile food establishment shall be permitted to remain standing for the purpose of peddling, hawking, huckstering or selling within a distance of 500 feet from an existing stationary licensed restaurant or luncheonette. The 500 feet shall be measured in the normal way that a pedestrian would properly walk from the nearest entrance of said restaurant or luncheonette to the nearest point on the mobile food establishment.
A. 
The Chief of Police, City Clerk or Health Officer may suspend a peddler's or helper's license for the following causes:
(1) 
Conviction of the applicant for any indictable offense or disorderly persons offense involving moral turpitude, fraud or dishonesty.
(2) 
Fraud, misrepresentation or false statement made in the course of the solicitation.
(3) 
Any violation of this article.
(4) 
Any violation of the Code of the City of Passaic or the laws of the State of New Jersey or the laws of the United States of America during the course of the peddling activities in the City of Passaic.
B. 
The suspension of a mobile food establishment license pursuant to the provisions of § 149-42 shall result in the immediate loss of the licensee's peddler's license. The Health Officer shall promptly notify the City Clerk of his/her suspension of a mobile food establishment license.
C. 
Upon suspension of peddler's license, all helper's licenses granted to the licensee shall also be deemed suspended. The licensee shall be required to surrender all of his/her licenses to the official ordering suspension of the same. All surrendered licenses shall be hand-delivered to the City Clerk.
D. 
If the Chief of Police, City Clerk or Health Officer shall determine that the peddler's or helper's license shall be revoked, then he/she shall schedule a hearing with the City Council pursuant to § 177-10 of the Code of the City of Passaic.
E. 
A person whose license has been revoked shall have the right to apply to the City Council to reinstate the license pursuant to the procedures established in Passaic Code § 177-12.
A. 
It shall be the duty of any police officer of the City to require any person seen peddling who is not known by such officer to be duly licensed to produce his/her peddler's license, or mobile food establishment license if food is being offered, exposed or delivered.
B. 
It shall the duty of any police officer of the City to enforce the provisions of this article against any person found to be violating the same.
C. 
This article shall also be enforced by the Health Officer, or his/her designee, and any other City inspector.
D. 
It shall be unlawful for any person to hinder, molest or interfere with anyone authorized to enforce the provisions of this article.