[Added 11-2-2016 by Ord. No. Z-446]
As used in this Article V, the following terms shall have the meanings indicated:
- MOBILE RETAIL FOOD ESTABLISHMENT
- 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.
- MOBILE RETAIL FOOD VENDOR
- 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:
- 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 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."
- MOBILE RETAIL NONMOTORIZED FOOD VENDOR
- 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.
- MOBILE RETAIL PREPACKAGED FOOD VENDORS
- 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.
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.
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.
Operation without a valid certificate of approval may subject the vendor to double the normal fines under § 147-29.
Certificates of approval shall be displayed prominently in or on the mobile retail food vendor as directed by printed instructions on the certificate.
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.
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.
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.
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:
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
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.