A.
The City of Hoboken encourages the growth of mobile retail food vendors
within the City of Hoboken while regulating the side effects of this
growing industry, such as parking, traffic and waste disposal.
B.
This chapter seeks to regulate mobile retail food vendors through
the annual issuance of licenses and permits. This chapter will assist
the City with keeping record of mobile retail food vendor business
within the City. License and permit fees will cover the cost of enforcement
and administrative duties.
C.
This chapter limits the proximity of mobile food trucks to brick-and-mortar
restaurants to secure safe and adequately spaced sidewalks in case
of a fire, flood, and other natural or man-made disaster.
D.
This chapter seeks to limit the interaction between uses which are
incompatible in character. While serving similar purposes, selling
food to residents, mobile food trucks and brick-and-mortar restaurants
function separately and are not complementary in nature.
E.
This chapter seeks to protect the character of stable commercial
areas and to provide sufficient space in appropriate locations for
each use. The City seeks to locate mobile food trucks in areas to
better serve mobile populations. The City seeks to promote a desirable
visual environment through limiting the interaction of each respective
use.
F.
This chapter is not intended to effect, and shall not apply to, activities
conducted on private property.
The provisions of this chapter shall apply to mobile food operations
engaged in the business of cooking, preparing, and/or distributing
food or beverage from mobile retail food vendors on public property
within the City of Hoboken.
As used in this chapter, the following terms shall have the
meanings indicated:
Any movable restaurant or retail food establishment in or on which food and beverage are transported, stored, or prepared for retail sale or given away at temporary locations. The term "mobile retail vendor" shall include and incorporate the term "mobile retail food vendors," as defined in § 115-1. Only the following mobile units shall be authorized to obtain an annual mobile retail food license to stop and stand on public property, public rights-of-way and/or public streets and sidewalks, within the City limits, none of which shall exceed 35 feet in length:
[Amended 3-5-2014 by Ord.
No. Z-285]
A.
MOBILE RETAIL MOTORIZED FOOD VENDOR — A food establishment
that is located upon a motorized vehicle where food or beverage is
cooked, prepared and served for individual portion service. Such food
vendors comply with this chapter and all requirements of this chapter,
as well as any other applicable section of this Code. Shall also be
known as "mobile retail food vendors."
B.
MOBILE RETAIL NONMOTORIZED FOOD VENDOR — Movable, nonmotorized
unit (e.g., pushcart) where food or beverage is transported, stored,
or prepared for retail sale or given away at temporary locations.
C.
MOBILE RETAIL PRE-PACKAGED FOOD VENDORS — A food establishment that is located upon a motorized vehicle where pre-packaged food or beverage is served for individual portion service. Mobile retail pre-packaged food vendors shall be subject to Chapter 146, and shall be exempt from the regulations of this chapter.
A.
No person holding a mobile retail food vendor license and/or permit
shall sell, lend, lease or in any manner transfer any interest in
a mobile retail food vendor license and/or permit.
B.
A license and/or permit holder may transfer said item as part of
the sale of a majority of the stock in a corporation holding such
a license and/or permit, as part of the sale of a majority of the
membership interests of a limited-liability company holding such license
and/or permit, or as part of the sale of a business or substantially
all of its assets, provided that there shall be no allocated or actual
value for the transfer of the license and/or permit, and provided
that:
(1)
Prior to any such transfer, the transferor shall notify the Director
of the Department of Health and Human Service's Health Officer and
the Director of the Department of Transportation and Parking, in writing,
and the transferee shall submit a mobile retail food vendor health
license application and parking permit for approval, which approval
must occur prior to transfer. Licenses and permits which are transferred
prior to approval shall be null and void as of the date and time of
transfer, if not previously approved pursuant to this section.
(2)
Any such transfer shall be subject to the terms and conditions of
the original license and/or permit.
(3)
A transfer fee of $25, payable to the City Clerk, and any and all
application fees described in this chapter, shall be received prior
to any transfer being approved.
A.
Any mobile retail food vendor being operated without a valid mobile
retail food vendor license and/or permit shall be deemed a public
safety hazard and may be ticketed and impounded.
B.
Mobile vendor licensees shall be required to display the mobile retail
vendor license and/or permit prominently when located in a permitted
location. Being the lawful holder of a City of Hoboken mobile vendor
license and/or permit shall not be a valid defense to a citation for
failure to prominently display the license in violation of this chapter.
C.
No City of Hoboken employee shall own more than 10% of any mobile
retail food vendor license and/or permit.
Unless otherwise specified herein, this chapter shall be enforced
by any Code Enforcement Officer, Parking Enforcement Officer, the
Hoboken Police Department, and/or the Health Officer.
A.
Mobile retail motorized food vendor business license. The application
fee for a license or any renewal of a license granted by the City
shall be $500. The cost of the annual Health Certificate shall be
included in this fee.
B.
Mobile retail motorized food vendor parking permit. Mobile retail
motorized food vendors operating within the City of Hoboken are required
to purchase an annual parking permit. Permits are available as follows:
Time Length
(weekly)
|
Annual Amount
|
---|---|
4 days
|
$1,600
|
7 days
|
$2,500
|
(1)
The parking permit shall be renewable on an annual basis.
(2)
Parking permit extended time endorsements. Applicants with both a valid business license and parking permit may seek an extended time endorsement on their parking permits. This endorsement will allow mobile vendors to extend their stay in metered parking zones beyond the customary two hours allowed under § 190-29.8. This fee for extended parking shall be based on the length of a mobile vending vehicle. This fee shall be $20 per linear foot. Length of vehicle will be determined by the City at the time of the annual health inspection. Extended time endorsement shall not exempt mobile food vendors from paying the standard rates when parked in metered parking zones.
C.
Waterfront Zone License: Vendors may apply for a "waterfront zone"
license for an additional fee in the amount of $1,000. This license
shall be issued in addition to the other required licenses and permits
delineated in this chapter and shall be issued by the Department of
Transportation and Parking for a term of one year. Licenses will be
issued to applicants who have met all of the other requirements of
this chapter and been issued all other necessary licenses and permits,
upon payment of the requisite fee. The waterfront zone license shall
permit vendors to utilize the area located at: beginning at a point
1,060 feet north of the northerly curbline of Fifth Street and extending
432 feet northerly therefrom (hereinafter referred to as the "Waterfront
Zone"), in accordance with the regulations set forth in this chapter.
The Director of Transportation and Parking shall be permitted to designate
at least six reserved parking spaces within the Waterfront Zone for
use by licensed vendors from 9:00 a.m. to 9:00 p.m. daily. The reserved
parking spots in this area shall be utilized by licensed vendors on
a first-come, first-served basis. The Director of Transportation and
Parking shall make such internal rules and regulations as necessary
to carry out the intent and purpose of this section. The reserved
spaces may be restricted from use if necessary for public safety,
as determined by the Director of Emergency Management and/or the Chief
of Police.
[Added 6-17-2020 by Ord.
No. B-273]
A.
Mobile retail food vendors shall not exceed 35 feet; this number
may be increased upon special written request, at the discretion of
the Director of Transportation and Parking.
B.
Mobile retail food vendors shall not provide or allow any dining
area, including but not limited to tables, chairs, booths, bar stools,
benches, and standup counters.
C.
The City reserves the right to temporarily move any mobile retail
food vendor to a nearby location for emergency purposes as determined
in the sole discretion of the City.
D.
Any permit not used for a period of 14 consecutive days or longer
shall be revoked by the City.
E.
All licensees and permitees shall comply with all applicable state
statutes, all applicable City of Hoboken ordinances, and any other
law or regulation which may be applicable under the given circumstances.
G.
During periods of special events, as herein defined, the Director of the Department of Health and Human Services may suspend §§ 147-9 and 147-21 of this chapter. The Director of Health and Human Services, at his/her sole discretion, may declare, in writing, with notice to all licensed and/or permitted mobile retail food vendors, that any event within the City of Hoboken is a special event for purposes of this section.
H.
Mobile retail food vendors shall maintain an on-vehicle GPS-based
system that transmits standard GPS latitude and longitude coordinates
in a format/protocol compatible with the City's GPS tracking systems/maps,
and shall make these data openly available to the public and the City
of Hoboken for tracking and enforcement purposes. GPS coordinates
shall be broadcast no less frequently than once every five minutes
and shall transmit these coordinates whenever the vehicle is within
City limits. Vendors should be aware that enforcement of overlapping
vendor operations will be documented via these data, so nonfunctioning
or delayed data service will significantly impact any determination
called for by the City as to which vendor arrived first at a particular
location.
Unless otherwise specified herein, any person violating any
provision of this chapter shall, upon conviction thereof before the
Municipal Court, be subject to a fine not exceeding $1,000 or imprisonment
for a period not exceeding 90 days, or both. The amount of such fine
and/or imprisonment shall be determined by the sound discretion of
the Municipal Judge. In addition to the aforementioned penalties,
and as provided for herein, violations of this chapter may subject
the license to suspension or revocation as provided for herein.