[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:
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.
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.
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]
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.
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:
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.
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.
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.
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.
