[Adopted 9-7-1967 as § 6-12
of the Revised General Ordinances]
As used in this article, the following terms
shall have the meanings indicated:
Specific locations designated for sidewalk vending outside
of the boundaries of the Trenton Special Improvement District (Central
Trenton Incorporated Zone). Such locations shall be identified by
number and maintained on file in the office of the City Clerk, and
such other locations as may be added hereafter by amendment to this
article.
Any hawking, peddling or vending of food, beverages, confections, goods, wares, merchandise or commodities of any nature or description on the streets and sidewalks within the Special Improvement District, Central Trenton Incorporated Zone, creating a Special Improvement District within the City and establishing a District Management Corporation pursuant to N.J.S.A. 40:56-65 et seq., and Chapter 252, Special Improvement District, of the Code of the City of Trenton [1].
Any pushcart, wagon or any other wheeled vehicle or device
which may be moved without 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 sells, peddles or vends any goods, wares or
merchandise on the streets and sidewalks, traveling by foot, automotive
vehicle or any other type of conveyance. The word "vendor" shall also
include "peddler" and "hawker."
A.
No person shall engage in hawking, peddling or vending
within the City unless (s)he holds and has in his/her possession a
valid license permitting hawking, peddling or vending issued pursuant
to and in accordance with provisions of N.J.S.A. 45:24-9 et seq.
B.
This article shall be in addition to any and all ordinances
regulating motorized vending vehicles.
C.
This article shall not prohibit sales activities conducted
by a person holding a license to operate a restaurant from operating
a pushcart on a sidewalk immediately adjacent to a licensed premises,
provided that all health permits and other regulations established
hereby are obtained and complied with.
Any person having a type of license referred to in § 206-18 who desires to hawk, peddle or vend within the City shall first register with the City in the following manner:
A.
The applicant for registration shall produce a license
issued to him/her by a County Clerk pursuant to N.J.S.A. 45:24-10.
B.
The applicant shall complete and sign a form of appreciation
for registration provided by the City, setting forth the following
information:
(1)
Name and address.
(2)
Description of the applicant.
(3)
Places of residence of the applicant for the past
five years immediately preceding the date of application.
(4)
A description of the nature of the business proposed.
(5)
A description of the vending unit to be utilized.
If a motor vehicle is to be utilized, the registration number, license
plate number and name and address of insurance carrier and insurance
policy number and coverage must be listed.
(6)
Whether or not the applicant has ever had a license
to conduct this business sought to be registered and whether or not
(s)he ever had a license to conduct such business denied or revoked,
and if so, setting forth the details thereof.
(7)
The date, place and nature of the conviction of the
applicant of any crime.
(8)
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.
(9)
Proof of an insurance policy issued by an insurance
company licensed to do business in the State of New Jersey protecting
the registrant and the City from all claims for damage 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 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 the insurance to be maintained are:
C.
Upon satisfactory completion of the registration process
and upon payment of the registration fee, there shall be issued to
the applicant a registration certificate 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,
type of business registered, the kind of goods and services to be
sold, 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 in
which the vendor is conducting business on the street or sidewalk
in connection with the vending business.
D.
In the case of food vendors, a certificate of health
compliance, issued by the City of Trenton Health and Human Services
Department, shall be conspicuously displayed on the vending unit in
clear view of the public. No food vending unit shall be permitted
on the streets or sidewalks of the City without such a certificate
of health compliance.
E.
Any vending unit on the streets of the City must have
a serial number, issued without charge by the towing division manager,
affixed to it. Removal and/or destruction or damage of any kind to
this plate or decal will be considered alteration for criminal intent,
and the registration certificate will be confiscated. In the event
the vendor sells such cart or vending unit, the new owner must present
to the towing division manager a notarized receipt for sale. At the
time, the original owner will be taken off the master list and a new
identification number will be given to the new owner. Failure to obtain
a serial number or transfer number will result in the vending unit
being unauthorized for use on the streets of the City. Substitute
carts or vending units used to substitute for street carts or vending
units, while such cart is being sanitized, cleaned or otherwise unavailable,
shall also need a registered serial number.
F.
The registration shall be renewable each year on or
before January 1, unless such registration has been revoked.
G.
Only licensed vendors may have an ownership interest
in vending units and shall have an ownership interest in only one
vending unit, and may operate only that one vending unit and no other.
An ownership interest, for the purpose of this subsection, is defined
as having the sole proprietorship of such unit or being a partner
in partnership or shareholder in a corporation owning such unit.
H.
Each vending unit shall have painted thereon an identification
number, which shall be the unit's registration number.
I.
Registration shall not be assignable nor transferable.
J.
Before the permit shall be issued for engaging in
the business of peddling, such applicant shall file with the Clerk
of the Licensing Bureau an instrument nominating and appointing the
City Clerk his/her true and lawful agent, with full power and authority
to acknowledge service or notice of process for and on behalf of such
applicant in respect to any matters connected with or arising out
of the business transacted under such permit and the bond given.
K.
There shall be an annual registration fee of $250
per vending unit.
L.
The City 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 from 7:00 p.m.
until 7:00 a.m., and there shall be no vending of any type during
this period.
B.
All vending units must be on wheels and must be capable
of being manually moved by one person.
C.
No vending unit shall be permitted upon the streets
and sidewalks of the City unless in operation and attended by an honorably
discharged veteran or exempt fire fighter licensed by the State of
New Jersey pursuant to N.J.S.A. 45:24-9. Such vendor will be permitted
to leave the vending cart for a period not to exceed 20 minutes. Such
period of unattendance cannot occur at intervals closer than two hours.
D.
There shall be no sale of food or beverage for immediate
consumption unless the vendor has made available for public use a
waste receptacle attached to the vending unit or motor vehicle.
E.
No vendor shall leave any location without first picking
up, removing or disposing of all trash or refuse which shall be found
within a radius of 20 feet from the cart. The vendor shall not sweep
into or deposit any accumulation of litter into any gutter, street,
drain or storm sewer.
F.
No vendor shall allow any items relating to the operation
of the vending business to be placed anywhere other than in or on
the vending unit.
G.
No vendor shall set up, maintain or permit the use
of any table, crate, carton, rack or other device to increase the
selling or display capacity of his/her unit or motor vehicle. 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.
H.
No vendor shall solicit or conduct business with persons
in motor vehicles.
I.
No vendor shall sell anything other than such commodities
described in his/her registration application.
J.
No vendor shall call out or use any device which produces
noise, or use or operate any bell, loudspeaker, public address system,
sound amplifier or similar device to attract the attention of the
public.
K.
No vendor shall allow his/her 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 such building or structure.
L.
No vendor shall hawk, peddle or vend unless (s)he
has in his/her possession and displayed prominently and visibly upon
his/her shirt or blouse a valid state license issued pursuant to Title
45 of the Revised Statute of New Jersey, and his/her city registration
card.
M.
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.
N.
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 vendor.
O.
There shall be no mixing of food and nonfood items
for sale.
P.
Every vending unit shall be located one foot from
the sidewalk curb and shall provide a continuous space of five feet
for pedestrian passage.
Q.
Any vendor who is legally blind or totally disabled
may be assisted by one veteran or exempt fire-fighter vendor, which
veteran or exempt fire fighter must be registered with the City. The
blind or disabled vendor must be present at the vending unit at all
times. The assisting veteran or exempt fire fighter shall be considered,
for the purposes of this section, as having an ownership interest
in the vending unit from which (s)he is assisting.
R.
Vendors must be actively vending, and their vending
units, if any, must be in operation at all times. No sleeping or other
inactivity of any kind by the vendor shall be permitted.
A.
There shall only be vending in the following designated
locations:
B.
These locations shall be assigned by lottery at the
time of the issuance of the registration certificate. The designated
location shall be subject to change at the direction of the City Council
in the interest of the public safety, health or welfare. The assignment
of each location shall be subject to change or rotation at the time
of registration renewal as shall be determined by the City Council
upon the basis of the experience of the initial six months of implementing
this article.
C.
The City will designate the locations for each vendor.
No vendor may occupy the designated location assigned to another vendor,
regardless of whether or not the assigned vendor is present.
D.
No vendor shall have any exclusive right to any location
in the public streets, nor shall (s)he be permitted to operate in
any congested area where his/her operation might unreasonably impede
the public movement.
E.
The City Clerk shall advise the City Council of the
number of applicants for such registrations to allow the City Council
to determine whether sufficient areas have been designated for such
vending purposes.
No sidewalk vending unit shall exceed four feet
in width, seven feet in length and eight feet in height, inclusive
of umbrellas or any other items that may be placed on the cart.
A.
Vendors of food and beverages shall comply with the
inspection provisions and standards of the City of Trenton Retail
Food Establishment Code.[1] The equipment used in the vending of food and beverages
shall be inspected upon application for registration and receive a
certificate of inspection upon compliance with all applicable City
ordinances and state statutes. [2]
B.
Each food and beverage vending unit shall be inspected
at least once a month.
C.
In addition to any other health and sanitation requirements,
the following regulations must be followed:
(1)
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 cleaning and washing of the vending
unit.
(2)
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 et
seq., and any subsequent amendments thereto.
(3)
All food product storage and preparation areas shall
be enclosed by partition and separated from any cart storage or nonfood
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.
(4)
Mobile food units shall operate from a commissary
or other fixed wholesale or retail food establishment, and shall report
at least daily to such location for all food supplies and for all
cleaning and servicing operations. The commissary, or other fixed
wholesale or retail food establishment used as a base of operation
for mobile food units or push carts, shall be constructed and operated
in compliance with the requirements of the New Jersey State Sanitary
Code.
(5)
A mobile food unit servicing area shall be provided
and shall include at least overhead protection for any supplying,
cleaning or servicing operation. Within this servicing area, there
shall be a location provided for the flushing and drainage of liquid
wastes separate from the location provided for water servicing and
for loading and unloading of food and related supplies. This servicing
area will not be required where only packaged food is placed on the
mobile food unit or pushcart or where all mobile food units contain
waste retention tanks. The surface of the servicing area shall be
constructed of a smooth, nonabsorbent material, such as concrete or
machine-laid asphalt, and shall be maintained in good repair, kept
clean and be graded to drain.
(6)
Potable water servicing equipment shall be installed
according to law and shall be stored and handled in a way that protects
the water and equipment from contamination. The mobile food unit liquid
waste retention tank, where used, shall be thoroughly flushed and
drained during the servicing operation. All liquid waste shall be
discharged to a sanitary sewerage disposal system, in accordance with
N.J.A.C. 8:24-6.5.
(7)
All vending units dispensing hot food shall be equipped
with:
(a)
Twin potable water tanks consisting of a minimum
capacity of eight gallons each, heated electrically or otherwise,
and tilted toward a capped draincock so that tanks can be completely
evacuated of water. All tanks shall be equipped with an access hatch
in order to facilitate cleaning and sanitizing internal surfaces of
the tanks. Such access hatch shall be approved by the City Health
and Human Services Department.
(b)
A hand wash sink, seamless, with running hot
and cold water, soap and single service towels.
(c)
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, tilted toward a draincock. All
waste shall be emptied and flushed in a sanitary manner into a sanitary
sewer as often as necessary in order to maintain sanitary conditions.
(d)
A refrigerated box capable of maintaining a
temperature of 45º F. or below, and equipped with an indicating
thermometer, for various ingredients carried, with metal rack or platforms
provided to store ingredients.
(e)
A refuse container with cover attached to the
cart for deposit of paper and other solid wastes by customers and
operators. Such container must be readily cleanable and be kept clean.
(8)
In addition to the above:
(a)
Every vending unit shall be constructed of such
acceptable material as to enable it to be readily cleaned and shall
be kept clean, and food will not be contaminated during cooking, serving,
display or storage.
(b)
Food-contact surfaces of vending units shall
be provided with a close-fitting lid to protect food products from
dust, dirt and splash.
(c)
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. All such cleaning is prohibited
in public places.
(d)
The cart cleaning process at the vending base
of operation shall be segregated from food product storage, preparation,
cleaning or refuse areas.
(e)
Waste water from any discharge shall be disposed
of in a sanitary manner and shall not create a nuisance.
(f)
All perishable and/or potentially hazardous
foods shall be maintained at temperatures below 45º F. or above
140º F. until removed from storage for preparation and use. All
food items shall be protected from contamination at all times.
(g)
All vehicles or other means of transport shall
have adequate facilities and capacity to dispose of any trash or food
waste associated with the transport of food or breaking down of food
products. Such vehicles shall be maintained in a clean and sanitary
manner and subject to inspection by the City Health and Human Services
Department.
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 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 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 units.
Where it is determined that a violation of this
article exists, there shall be an ordinance summons given to the violator
involved, or affixed to his/her vending unit if (s)he is not present,
at which time all vending must cease. If the violation does not cease
within a reasonable time thereafter, the vending unit shall be subject
to removal by towing. If the vendor feels aggrieved by the towing
of the unit, (s)he shall have an immediate hearing before a superior
police officer in order to determine whether or not there existed
probable cause concerning the violation and the towing. If probable
cause does not exist, the vending unit towed shall be released.
A.
Registrations issued under the provisions of this
article may be suspended or revoked by the City Clerk, upon notice
and hearing, 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 the business in such a manner as to create
a public nuisance or constitute a danger to the public health, safety,
welfare or morals.
(4)
Violation of any City ordinance or law.
(5)
Any activity injurious to the health, safety or welfare
of the public.
B.
Appeals of a revocation decision shall be made to
the Superior Court of New Jersey.
The Mayor is hereby empowered to promulgate
such rules and regulations as are necessary to carry out the purposes
and the intent of this article.
