[HISTORY: Adopted by the Mayor and Council of the Borough
of Westwood 5-28-1985 by Ord. No. 85-7. Amendments noted where
applicable.]
A.
The sale of food and beverages from motor vehicles within the Borough
of Westwood is an activity potentially contrary to the health, safety
and welfare of the residents of the Borough of Westwood unless properly
regulated.
B.
More specifically, contaminated or improperly prepared foods or foods
not meeting proper health standards could potentially be sold, and
accidents between motor vehicles and pedestrians, littering or traffic
stoppage can be created by such an activity. In addition, the practice
of selling food and vending at a place of business within the Borough
of Westwood is potentially disruptive to the orderly functioning of
said business and should be prohibited unless the owner or occupier
of said business wishes this service.
[Amended 8-19-2003 by Ord. No. 03-12]
As used in this chapter, the following terms shall have the
meanings indicated:
- CATERER
- A person, firm or corporation who or which provides, distributes or serves food and drink for consumption in a place other than on his or its own premises (off-premises consumption), where said food and drink are prepared in consumable form. [1]
- CATERER, OFF-SITE
- Any establishment primarily engaged in providing single-event-based food services prepared on site and transported to an event for off-site consumption. [2]
- CATERER, ON-SITE
- Any establishment primarily engaged in providing on-site, single-event-based food services that may include buffet or waitress/waiter service and may also include the serving of nonalcoholic and alcoholic beverages as part of the event. [3]
- FROZEN FOOD VENDORS
- Persons or organizations which sell frozen ice cream or confections on the streets of the Borough from vehicles containing special safety lights and other warning devices. This type of activity is limited to persons who travel the public roads of the Borough and are signaled by intended customers on a random basis for a single sale of a frozen product. The distinction between this activity and that of mobile food vendors is based upon the existence of the safety devices and the diminished concern concerning health hazards associated with frozen food as compared to heated or unfrozen forms of food and also the relatively fast service from within the truck associated with this vending as distinguished from the dispensing of beverages and the like which is characteristic of mobile food vendors.
- MOBILE FOOD VENDOR
- Any person operating a movable truck, van, trailer, 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.
This chapter is not intended to preempt any other rule, regulation,
ordinance or Board of Health standard pertaining to the sale and handling
of food.
A.
It shall
be unlawful for any person within the limits of the Borough of Westwood
to sell, offer for sale, display for sale, dispose of or deliver food
or beverages, except as permitted by this chapter, without first having
obtained a license as hereinafter provided.
No mobile food vendor shall, within the corporate limits of
the Borough of Westwood, sell, offer for sale, display for sale or
give away any food or drink intended for human consumption which is
or has been prepared, cooked, processed, packaged or bottled in any
mobile kitchen, trailer, truck, car or other vehicle, except as permitted
by this chapter.
A.
No mobile food vendor shall, within the corporate limits of the Borough
of Westwood, sell, offer for sale, display for sale or deliver any
box lunches, sandwiches, coffee or tea to the ultimate customer unless
the box lunches, sandwiches and other foods have been prepared in
a restaurant, kitchen or establishment either duly licensed by the
Board of Health of the Borough of Westwood or other licensed facility
approved by the Westwood Board of Health. Nothing in this chapter
shall be construed to prevent the dispensing of heated liquids, such
as coffee or tea, from devices mounted in the vehicles and being brewed
within the vehicles on site. This exception, however, shall not apply
to any substance containing food particles, such as soup.
C.
All food shall be packaged in the kitchen, restaurant or establishment
preparing the same, and the packages shall not be opened by the seller
at any time.
A.
Any person desiring a license under this chapter shall first obtain
a peddler's license or its equivalent from the Mayor and Council
of the Borough of Westwood[1] and shall thereafter apply, in writing, to the Mayor and
Council, on forms supplied by it and verified by the applicant, giving:
(1)
A permanent home address.
(2)
The name and address of the firm represented.
(3)
Whether or not the applicant has been convicted of a crime or misdemeanor
or violation of any municipal ordinance and the nature of the offense,
if any, for which convicted.
(4)
If the applicant is an employee or representative of any person,
the application should be signed by the firm authorizing the applicant
to act as its representative.
(5)
The name, address and location of the place from which foodstuffs
to be sold are obtained.
(6)
The locations at which the foodstuffs are to be sold within the Borough
of Westwood.
(7)
The applicant shall file an original certificate of insurance, valid
for one year, covering product liability, general liability and automobile
liability, with a minimum limit of $100,000.
B.
Licenses must be renewed annually with updated information. The Borough
of Westwood shall have a minimum of 30 days within which to process
renewal applications, and licensees are cautioned to make timely filings
of complete renewal applications. Upon the lapsing of a license, vendors
must cease operating until or unless a new license has been issued.
A.
Upon the filing of the application with the Mayor and Council, an
investigation shall be made concerning the facts therein set forth.
Upon the approval of the application and upon payment of the prescribed
fee to the Borough of Westwood, the license shall be issued.
B.
The license issued shall not authorize any person, except the designated
person named in said license, to engage in the business thereunder
and shall not be transferable from the person to whom issued to any
other person. A separate license must be obtained by every person,
agent or representative working for him.
C.
Upon the issuance of such license, the Mayor and Council shall furnish
the licensee with a plate, badge or other evidence bearing a number
corresponding to the number of the license and the year in which it
was granted. The plate, badge or other evidence shall be displayed
at all times in a conspicuous part of the vehicle used by the licensee,
if any, in the conducting of his business, and if no vehicle shall
be used, it shall be carried by him and exhibited on demand by any
of the citizens of the Borough of Westwood or members of the Police
Department thereof.
D.
Such license shall be good only for the year in which it was issued
and shall expire at 12:00 midnight, December 31, of each year. Any
licensee applying for or obtaining a license after the first day of
January in any year shall pay the license fee for the full year.
A.
The license
fee to be imposed under this chapter for each year, beginning with
the first day of each year, for revenue purposes, shall be $250 for
each wagon, automobile or other vehicle of any kind in which the products
are carried or from which they are sold. For each salesman, in addition
to the above license fee, a fee of $50 shall be imposed, except that
a license for one salesman shall be issued without charge for each
wagon, automobile or vehicle of any kind in which such products are
carried or sold.
B.
The license
above provided for may be revoked by the Borough of Westwood for the
violation of any of the provisions of this chapter upon notice and
hearing; provided, however, that a license may be suspended for a
period not exceeding two weeks. Should any license be revoked, no
part of the license fee shall be returned.
A.
No mobile food vendor shall stop his vehicle for the sale of foods
on any road at any time.
B.
No food vending may be done in such a manner as to obstruct traffic
or create a nuisance.
C.
No mobile food vendor shall enter private property to sell or offer
to sell food without having received and filed with the licensing
authority an express written invitation from the owner or occupant
of said lands.
D.
No mobile food vendor shall sell food except on private property
in a manner approved hereby.
E.
No food or beverage shall be sold unless prepared, packaged and sealed
at a facility duly licensed and inspected by the Board of Health of
the Borough of Westwood, or if such other facility is located in another
town, such facility shall have been duly licensed and inspected by
the appropriate health officials of that town, and a copy of the license
and inspection documentation pertaining to such facility shall have
been furnished to and approved by the Westwood Board of Health.
F.
The mobile food vendor shall furnish a sanitary litter container
for the use of its customers at each point of sale. Said litter container
shall be stored and transported in such a way as to not contaminate
foodstuffs to be sold.
G.
No vehicle owned or operated by any mobile food vendor shall be stored
within the Borough of Westwood except in compliance with existing
regulations concerning commercial vehicles and, more particularly,
shall not be parked in any residential area unless located in a garage.
H.
It is expressly prohibited for mobile food vendors to make sales
to persons who are not employees or business invitees on the site
licensed and approved hereunder.
[Amended 1-26-1993 by Ord. No. 93-1]
A.
Any person, firm or corporation convicted of a violation of this
chapter shall be subject to a fine as follows:
B.
Any misstatement
or misrepresentation in the application for such a license shall also
constitute a violation of this chapter.
C.
Each day that a particular violation exists shall constitute a separate
offense.
