A.
No person or business entity, including a religious or charitable
organization, shall operate as a mobile retail food vendor on any
public property within the City of Hoboken without a license issued
by the City of Hoboken and a health certificate issued by the Department
of Health and Human Services' Health Officer.
B.
The Department of Health and Human Services' Health Officer may,
from time to time, set a limit on the number of total licenses that
may be issued or renewed per year; however, no more than one license
may be issued to a single person or business entity, or both.
(1)
Mobile retail motorized food vendor: No more than 25 mobile retail
food vendor licenses will be issued by the Department of Health and
Human Services annually.
(2)
Mobile retail nonmotorized food vendor: No more than 50 mobile retail
food vendor licenses will be issued by the Department of Health and
Human Services annually.
Any person desiring a business license and/or health certificate
shall file with the Hoboken Division of Health an application which
shall contain the following information:
A.
The name of the applicant.
B.
If a trade name is used, whether the applicant is an individual,
partnership, association or corporation. For any business entity,
include names and addresses of all partners, members, officers and
shareholders holding an interest greater than 10%.
C.
The address of the applicant and telephone number.
D.
The names and addresses of the persons from which goods making up
the stock were or are to be purchased.
E.
Three business references.
F.
The place or places of residence of the applicant, and any individual listed in accordance with Subsection B, for the preceding three years.
G.
A description of the food items to be sold.
H.
If the applicant is a corporation, the state in which its charter
is registered and the registered agent's name and address in this
state.
I.
The number and nature of any arrests or convictions against the applicant,
officers, partners or any salesmen to be employed.
J.
As to the application, there must be appended a letter or, when applicable,
a corporate resolution from the firm authorizing the person signing
the application to act as its representative and certifying that the
information is correct and accurate.
K.
Whether the applicant, in previously operating in this state under
a business license, has had such license revoked or suspended and,
if so, the reasons therefor (motorized).
L.
The make and model of vehicle, state license plate number, driver's
identification number, copy of current insurance, and copy of state
registration (motorized).
The Hoboken Heath Officer shall have the authority to enforce
all sections of this article.
The Department of Health and Human Services Health Officer is
hereby authorized to promulgate additional rules and regulations appropriate
for the implementation of this section, and, if necessary, work with
other agencies and departments of the City and state to establish
a streamlined process for the licensing of mobile retail food vendors,
provided that:
A.
Such rules and regulations are in writing and served on all licensees
at least seven days prior to enforcement; and
B.
Mobile food vendors shall provide trash and recycling receptacles
on or at their facility, and are responsible for litter within five
feet of the licensed vehicle. All waste containers shall be emptied
by and at the expense of the mobile retail food vendor operator.
Business licenses and health certificates shall be valid from
January 1 to December 31 of the year stated thereupon, regardless
of the date the license and/or certificate is granted by the City.
There is no right to renewal of business licenses or health certificates
hereunder.