[1]
Editor's Note: This ordinance superseded former Art. II, Streets
and Sidewalks, adopted 5-11-1983 by Ord. No. 15-1983.
As used in this article, the following terms shall have the
meanings indicated:
Locations for sidewalk vending not designated by the City
and not within 150 feet of any designated locations.
[Amended 2-15-1995 by Ord. No. 12-1995]
Locations for sidewalk vending designated by the City; said
locations to be identified by number and being on file in the office
of the City Clerk of Atlantic City.
As defined by Title 39 of New Jersey State Statutes.
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 the word "peddler." Said person must possess a state vending
license pursuant to N.J.S.A. 45:24-9.
No person shall engage in peddling or vending within the City
of Atlantic City unless he holds and has in his possession a valid
license permitting peddling or vending issued pursuant to and in accordance
with provisions of Title 45, Revised Statutes of New Jersey (N.J.S.A.
45:24-9, et seq.) and shall have registered with the City of Atlantic
City as hereinafter provided.
[1]
Editor's Note: Ordinance No. 56-2009, adopted 10-7-2009, provided
for a fine for violation of this section of $54.
A.
Registration of vendors. Any person having a type of license referred to in § 145-21 who desires to peddle or vend within the City of Atlantic City shall have in advance registered with said City in the following manner:
(1)
The applicant for registration shall produce a license issued to
him by a County Clerk, pursuant to Title 45, Revised Statutes of New
Jersey.
(2)
He shall complete and sign a registration form made available by
the City setting forth all necessary information as required by the
City for the issuance of a vendor identification badge.
(3)
Upon satisfactory completion of the registration process and upon
payment of the registration fee, there shall be issued an identification
badge to the vendor. Said badge shall show the name, address and photograph
of the vendor. Said badge shall be worn by the vendor in clear view
of the public at all times. No vendor shall be issued more than one
identification badge at any one time. At such time as the vendor ceases
to vend within the City of Atlantic City or the current registration
year should terminate, he must return his/her identification badge
to the City.
(4)
A registration shall be renewable each year on or before February
1.
(5)
Each applicant shall file with the Supervisor of the Mercantile Licensing
Bureau an instrument nominating and appointing the Municipal Clerk
his 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.
(6)
There shall be an annual registration fee of $75 per vendor.
[Amended 4-20-2016 by Ord. No. 20-2016]
(7)
The City shall be notified of any change in business address or residence
of the vendor within 30 days of notice, either in writing or in person.
(8)
Registrations shall not be assignable nor transferable.
B.
Registration of vending units. Any vending unit operated on the streets
or sidewalks of the City of Atlantic City must be registered in advance
with the City in the following manner:
(1)
The person requesting the vending unit shall complete and sign a
request form made available by the City setting forth all the necessary
information as required by the City.
(2)
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 or damages to property and bodily injury,
including death, which may arise from operations under or in connection
with the vending 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:
(3)
In the event that food should be vended from said vending unit, a
certificate of health compliance issued by the Atlantic City Health
Department shall be conspicuously displayed on the vending unit in
clear view of the public. No vending unit selling food shall be permitted
on the streets or sidewalks of the City of Atlantic City without such
a certificate of health compliance.
(4)
Every vending unit on the streets of Atlantic City must have a serial
number. Removal and/or destruction and/or damage of any kind to said
serial number will be considered alteration for criminal intent and
will be confiscated. In the event that the vendor sells said unit,
the new owner must present to the City a notarized receipt for sale
and at that 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 do so will result in an unauthorized vending unit.
(5)
A registration shall be renewable each year before February 1.
(6)
Each applicant shall file with the Supervisor of the Mercantile Licensing
Bureau an instrument nominating and appointing the Municipal Clerk
his true and lawful agent with full power and authority to acknowledge
service or notice or process for and on behalf of such applicant in
respect to any matters connected with arising out of the business
transacted under such permit.
(7)
There shall be an initial annual registration fee of $250 per unit.
[Amended 4-20-2016 by Ord. No. 20-2016]
The business of peddling or vending shall be subject to the
following regulations:
A.
Vending units, with the exception of motor vehicles, shall not be
permitted to be in use and shall be off the streets and sidewalks
of the City from 6:00 a.m. until 9:30 a.m. All motor vehicles that
are vending shall not be permitted to be in use and shall be off the
streets and sidewalks of the City from 8:30 p.m. until 8:00 a.m.
[Amended 1-8-1992 by Ord. No. 109-1991; 2-5-1992 by Ord. No.
10-1992; 8-2-1995 by Ord. No. 56-1995]
B.
Any motor vehicle vending unit shall park only in areas where automobiles
are permitted to lawfully park.
[Amended 2-5-1992 by Ord. No. 10-1992]
C.
All vending units must be on wheels (or a table without wheels) and
must be capable of being manually moved by one person.
[Amended 4-13-2011 by Ord. No. 26-2011]
D.
There shall be no vending within 200 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.
E.
There shall be no vending within 100 feet of any hospital. There
shall be no vending within 200 feet of any church, synagogue or other
house of worship while same is in session.
F.
Vending units shall be permitted on the streets of Atlantic City
and must be properly licensed and registered by the City. The City
shall extend a preference to honorably discharged United States military
veterans in the issuance of licenses and registrations to the extent
there is a limitation on licenses and registrations.
[Amended 4-13-2011 by Ord. No. 26-2011; 12-20-2023 by Ord. No. 74-2023]
G.
There shall be no sale of food or beverage for immediate consumption
unless the vendor has made available for public use a litter receptacle
attached to the vending unit or motor vehicle.
H.
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 into or deposit any accumulation of litter
into any gutter, street, drain or storm sewer. Vendors must keep the
immediate area surrounding his vending unit free and clear of all
trash, debris and refuse while vending.
I.
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.
J.
All vending units and attachments shall be pre-manufactured, color-coordinated
assemblies wherein do-it-yourself constructed, hand- or in-the-field-painted
structures are not permitted. 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 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. However, a vendor is not prohibited by this section
from placing any crate, carton, rack or other device on the vending
unit for the sole purpose of protecting his/her merchandise from the
effects of wind, rain, snow debris, etc.
[Amended 4-13-2011 by Ord. No. 26-2011; 8-8-2012 by Ord. No.
52-2012]
K.
No vendor shall solicit or conduct business with persons in motor
vehicles.
L.
No vendor shall sell anything other than such commodities described
in his registration.
M.
No vendor shall use any device which produces a loud or raucous noise
or use or operate any loudspeaker, public address system, sound amplifier
or similar device to attract the attention of the public.
N.
No vendor shall have any exclusive right to any location in the public streets, nor shall be be permitted to operate in any congested area where his operation might reasonably impede the public movement, subject to § 145-24 herein.
O.
There shall be no vending on a sidewalk where the improved sidewalk
is less than 10 feet in width; or vending within 25 feet of any public
entrance to a casino-hotel, hotel or motel; nor shall the vendor vend
within 10 feet of any driveway or within 25 feet of any crosswalk
of any intersection, state-approved taxi, bus or jitney zone, emergency
exit or any loading or unloading zone.
[Amended 4-13-2011 by Ord. No. 26-2011]
P.
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.
Q.
No person shall peddle or vend unless he has in his possession and
displayed prominently and visibly upon his or her shirt or blouse
a valid identification badge.
R.
No vendor vending from a motor vehicle shall conduct his business
in such a way as 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 an adequate access
to fire, police or sanitation vehicles. No vendor vending from a motor
vehicle shall stop, stand or park his vehicle upon any street or permit
it to remain there except on the roadway at the curb for the purpose
of vending therefrom. No vendor vending from a motor vehicle shall
stop, stand or park his vehicle on any street for the purpose of selling,
or sell on any street under any circumstances during the hours when
parking, stopping or standing, has been prohibited by signs or curb
markings or is prohibited by statute or ordinance. No vendor vending
from a motor vehicle shall remain in any one place for a period longer
than necessary to make his sale after having approached or stopped
for that purpose. No vendor vending from a motor vehicle shall stop,
stand or park his vehicle within 50 feet of any intersection.
S.
No vendor shall use any conveyance, device or thing whatsoever which,
when fully loaded with merchandise, cannot be easily moved and maintained
under manual control by the vendor.
T.
No vendor shall stop, stand, park, place nor allow his conveyance
closer than a one-hundred-fifty-foot radius from any other conveyance
being used by any other vendor.
U.
No vending unit shall be closer than 50 feet to any Boardwalk ramp.
[Amended 2-15-1995 by Ord. No. 12-1995]
V.
There shall be established designated locations, said locations being
contained on Attachment A,[1] which is incorporated herein by reference as if fully
set forth. Said locations shall be indicated on a map filed in the
office of the Clerk of the City of Atlantic City. There cannot be
any vending within 150 feet of a designated location, except on said
other designated locations or another designated location.
[Amended 2-15-1995 by Ord. No. 12-1995]
[1]
Editor's Note: Attachment A is on file in the office of the
City Clerk.
X.
Every vending unit shall be located one foot from the sidewalk curb
and shall provide a continuous space of five feet for pedestrian passage.
Y.
Any vendor who is unable to vend on account of being legally blind or totally disabled may be assisted by his or her spouse or another vendor, which individual must be registered with the City. The blind or disabled vendor need not be present at the vending unit at all times there is vending therefrom. The assisting spouse or assisting vendor shall be required to pay the registration fee of $75 provided for in § 145-22A(6) above. Any vendor claiming to be legally blind or totally disabled shall submit such medical evidence as may be required by the City.
[Amended 12-20-2023 by Ord. No. 74-2023]
Z.
Vendors must be actively vending and their vending unit, if any,
must be in operation at all times. No sleeping or other inactivity
of any kind by the vendor shall be permitted. A vendor shall be permitted
to utilize a stool or folding chair with his vending unit while vending.
AA.
Vendors shall not be permitted to drink alcoholic beverages or to
utilize illegal controlled dangerous substances as defined by Title
24 of the New Jersey State Statutes[3] while vending, nor shall the vendor be permitted to have
in his possession or on or about his vending unit alcoholic beverages
or illegal controlled dangerous substances while vending.
[3]
Editor's Note: See N.J.S.A. 24:21-1 et seq.
BB.
Permanent motor vehicle vending of food or "food trucks" shall be
prohibited on any streets between Pacific Avenue and the ocean. Permanent
food trucks are also prohibited on the Boardwalk.
[Added 8-12-2015 by Ord.
No. 57-2015]
[Amended 6-3-1992 by Ord. No. 56-1992]
The City of Atlantic City shall control and supervise a rotation
of sidewalk vendors throughout the designated locations. If the vendor
is not listed to be on one of the designated numbered locations, the
vendor may be located at any of the at-large locations. No vendor
can occupy the designated location assigned to another vendor when
the vendor assigned is present.
[1]
Editor's Note: Ordinance No. 56-2009, adopted 10-7-2009, provided
for a fine for violation of this section of $54.
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 Atlantic City Health Code ordinances. 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 Atlantic City ordinances and state
statutes. Each food and beverage vending unit shall be inspected at
least once a year.
B.
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.
(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)
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 drain cock so that tank 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. Said access
hatch shall be approved by the Atlantic City Health 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 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.
(d)
A refrigerated box capable of maintaining a temperature of 45°
F. or below and equipped with an indicating thermometer shall be provided
for various ingredients carried, with metal racks or platforms provided
to store ingredients.
(e)
A refuse container with cover attached to the cart for deposit
of papers and other solid wastes by customers and operators. Said
container must be readily cleanable and kept clean.
(5)
Additional health requirements:
(a)
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.
(b)
There shall be no mixing of food and nonfood items for sale.
(c)
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.
(d)
Food contact surfaces of vending units shall be provided with
a close-fitting lid to protect food products from dust, dirt and splash.
(e)
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.
(f)
The cart-cleaning process at the vending base of operation shall
be segregated from food product storage, preparation, cleaning and
refuse areas.
(g)
Wastewater from any discharge shall be disposed of in a sanitary
manner and shall not create a nuisance.
(h)
All perishable and/or potentially hazardous foods shall be maintained
at temperatures below 45° F. or above 140° F. until removed
from storage for preparation and use. All food items shall be protected
from contamination at all times.
(i)
All vehicles and other means of transport shall have adequate
facilities and capacity to dispose of any trash or food waste products.
Said vehicles shall be maintained in a clean and sanitary manner and
subject to inspection by the Atlantic City Health 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 charges,
gas-fueled water heaters and similar equipment shall be installed
so as to be accessible only from the outside of the units.
In the event any person feels aggrieved by an action or nonaction
of a municipal official in the implementation of the within article,
said action or nonaction may be appealed to the Business Administrator
in writing within 10 days of said action or nonaction. Upon request
of said appeal, the Business Administrator shall, upon proper notice,
conduct a hearing and make such determination as he deems appropriate.
The vendor's license issued pursuant to and in accordance with
the provisions of Title 45 of the Revised Statutes of New Jersey may
be suspended or canceled by a Judge of the Municipal Court in conformity
with the provisions of N.J.S.A. 45:24-13.
Where it is determined that a violation of the within article
exists, there shall be an ordinance summonses given to the violator
involved or affixed to the vending unit if he is not present. Upon
the issuance of the summonses, all vending must cease until the alleged
violation has ceased. In the event of any violation, a vending unit
may be subject to towing pursuant to the order of the Municipal Court
or any other court of competent jurisdiction.
The Mayor is hereby empowered to promulgate such rules and regulations
as are necessary to carry out the purposes and the intent of the within
article.
[Amended 11-25-2008 by Ord. No. 104-2008]
Any person violating any of the provisions of this article shall,
upon conviction in Municipal Court, be punished by a fine not exceeding
$2,000 or by imprisonment not exceeding 90 days, or both. Vendors
who do not comply with the lawful directions of the City's law enforcement
officers shall have their vending units confiscated upon order of
the Court. Every day that a violation of this article exists shall
constitute a separate offense. For the purposes of this article, the
person committing the violation, the vendor utilizing the unit where
the violation occurred and the owner of the vending unit, in the event
any or all of them are not the same, shall be individually, severally,
jointly or in the alternative liable and shall be construed as the
person(s) violating the provisions of this article.
