Borough of Westwood, NJ
Bergen County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the Borough of Westwood 5-28-1985 by Ord. No. 85-7. Amendments noted where applicable.]
GENERAL REFERENCES
Peddling and soliciting — See Ch. 249.
Display of food and merchandise on sidewalks — See Ch. 330, Art. II.
General provisions, Board of Health — See Ch. 381.
Retail food establishments — See Ch. 400.
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.
[1]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[2]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[3]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
A. 
This chapter shall not apply to caterers.[1]
[1]
Editor's Note: Original § 72-3B, regarding casual vendors, which immediately followed this subsection, was deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
This chapter shall not apply to frozen food vendors.
C. 
Nothing in this chapter shall excuse caterers from otherwise complying with such laws as may be applicable.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
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.
B. 
Specifically excluded from the provisions of a licensing requirement are caterers and frozen food vendors.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
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.
B. 
Trucks, wagons or other vehicles used in the delivery of box lunches, sandwiches, coffee or tea shall be of a sanitary type approved by the Health Officer and shall be maintained in accordance with the State Sanitary Code.[1]
[1]
Editor's Note: See N.J.A.C. 8:24-1.1 et seq.
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.
[1]
Editor's Note: See Ch. 249, Peddling and Soliciting.
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:
(1) 
For the first offense, not more than $500 and/or imprisonment for not more than 30 days.
(2) 
For a second offense, not more than $750 and/or imprisonment for not more than 30 days.
(3) 
For a third or subsequent offense, not more than $1,000 and/or imprisonment for not more than 60 days.
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.