[Added 11-2-2016 by Ord.
No. Z-446]
As used in this Article V, the following terms shall have the meanings indicated:
The definitions in N.J.A.C. 8:24-1.5, Definitions, shall have the meaning as defined in N.J.A.C. 8:24-1.5, and shall include "mobile retail motorized food vendor." "mobile retail nonmotorized food vendor" and "mobile retail prepackaged food vendors" as defined in Chapter 147 of the Hoboken City Code.
Any movable restaurant or retail food establishment in or on which food and beverages 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 establishment," 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:
FOOD CARTA mobile retail nonmotorized food vendor, nonmotorized cart or other device, used on the public sidewalks or in public places, where food or beverage is transported, stored, or prepared and served for retail sale or given away at temporary locations, and which is not licensed as a food truck or food trailer.
FOOD TRAILERA mobile retail nonmotorized food vendor, designed to be towed by a motorized vehicle that is registered and is able to be operated on the public streets of the State of New Jersey, used on the public sidewalks or in public places, where food or beverage is being transported, stored, or prepared and served for retail sale or given away at temporary locations.
FOOD TRUCKA food establishment that is located upon a mobile retail motorized food vendor, that is registered and is able to be operated on the public streets of the State of New Jersey, where food or beverage is being transported, stored, or prepared and served for retail sale or given away at temporary locations.
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 must comply with this chapter and
all requirements of this chapter, as well as any other applicable
section of this Code. Such vendors shall also be known as "mobile
retail food vendors."
A movable, nonmotorized unit (e.g., pushcart) where food
or beverage is being transported, stored, or prepared and served for
retail sale or given away at temporary locations.
A food establishment that is located upon a motorized or nonmotorized vehicle where only prepackaged food or beverages are being transported, stored, and served. Mobile retail prepackaged food vendors shall be subject to Chapter 146 and shall be exempt from the regulations of this chapter.
The Fire Marshal hereby has the authority to conduct inspections of, and issue certificates for, all mobile retail food vendors delineated in § 147-24. Inspections will be conducted by appointment only.
A.Â
No mobile retail food vendor, where food or beverage is being transported,
stored, prepared and/or served for retail sale or given away at temporary
locations, shall operate within the borders of the City of Hoboken
without first having being inspected and approved by certificate of
the Hoboken Fire Department.
B.Â
No mobile retail food vendor that is using propane, electricity,
a generator, or any other ignition source where food or beverage is
being transported, stored, or prepared and served for retail sale
or given away at temporary locations shall operate within the borders
of the City of Hoboken without first being inspected and approved
by certificate of the Hoboken Fire Marshal.
A mobile retail food vendor shall be inspected biannually. Compliant
mobile retail food vendors shall receive a certificate of approval
valid for six months, from January 1 until June 30, and from July
1 to December 31, of the year in which the certificate is received.
The certificate of approval is nontransferrable.
A.Â
Operation without a valid certificate of approval may subject the vendor to double the normal fines under § 147-29.
B.Â
Certificates of approval shall be displayed prominently in or on
the mobile retail food vendor as directed by printed instructions
on the certificate.
C.Â
Mobile retail food vendors shall apply for inspections and certificates
of approval at the Hoboken Fire Department Bureau of Fire Prevention
and Investigation located at 201 Jefferson Street, Hoboken, New Jersey.
D.Â
The inspection fee of $42 shall be paid at the time of each biannual
application, prior to the inspection or receipt of the certificate
of approval. For operation within the City of Hoboken, a six-month
certificate of approval is required, and such certificates shall issue
for the following terms: 1) January 1 through June 30; and 2) July
1 through December 31. For each new biannual renewal period, the vendor
must file a new application and pay the required fee. The inspection
shall not be conducted and the certificate of approval shall not issue
until the inspection fee of $42 is received by the City.
E.Â
The Fire Marshal shall prepare a checklist for the inspection specifically
detailing the requirements needed and standards which must be complied
with for approval. The checklist shall be publicly available. Nothing
in this subsection shall be construed as limiting the authority of
the Fire Marshal to supplement the requirements of the checklist in
a particular case in the interest of public safety.
F.Â
Vendors failing the inspection may be reinspected at any time. No
additional fee will be charged for the first reinspection if done
within 30 days of the initial inspection. The full inspection fee
is required for reinspections after the thirty-day period and for
any additional reinspections.
A vendor operating at a special event, party, fair, festival
or movie production where there will be a mobile retail food vendor
is required to comply with this article. The application must be filed
no later than two weeks before the event. Applications made less than
two weeks before the event may be accepted up to the day of the event
at the discretion of the Fire Marshal. A late service fee may be charged
not to exceed double the standard fee. In no case may a mobile retail
food vendor, whether temporary or continuous, operate without a certificate
of approval by the Fire Marshal.
Enforcement of this article shall be by the Fire Marshal in accordance with his or her authority as expressed in Chapter 101 of the Code of the City of Hoboken.
Upon conviction, the penalty schedule for any person who violates
any provision of this article shall be:
A.Â
Upon issuance of a municipal summons and complaint, a fine of at
least $100 but not exceeding $2,000, imprisonment in the county/municipal
jail for a term not exceeding 90 days, a period of community service
not exceeding 90 days, or any combination thereof as determined by
the Municipal Court Judge. Each day on which a violation of this article
exists shall be considered a separate and distinct violation and shall
be subject to imposition of a separate penalty for each day of the
violation as the Municipal Court Judge may determine; and/or
B.Â
Upon issuance of a notice of violation under the Fire Code, any applicable
fine delineated in N.J.A.C. 5:70-2.12, with the discretion of the
Fire Marshal, subject to review by the Municipal Court Judge.
