The provisions of this article shall apply to anyone who sells
food or beverages from a truck or any comparable vehicle deemed appropriate
by the City, whether such food or beverages are prepared on site or
prepared elsewhere and transported to the site of the sale in the
City of East Orange.
[Amended 8-8-2022 by Ord. No. 23-2022]
A.
Weekdays: Sunday through Thursday, mobile food vendors shall operate
between the hours of 6:00 a.m. and 9:00 p.m.
B.
Weekends: Friday and Saturday, mobile food vendors shall operate
between the hours of 6:00 a.m. and 10:00 p.m.
C.
Individual
mobile food vendors will be assigned a specific hourly operation schedule
that will be created and released by the City within 20 calendar days
of the initial enactment of this ordinance[1] and on April 1 of each calendar year thereafter.
[1]
Editor's Note: Refers to Ord. No. 23-2022, adopted 8-8-2022.
A.
It shall be unlawful for any person or business to operate as a mobile
food vendor on any public property within the City of East Orange
without first obtaining a license granted by the City.
B.
The number of licenses that may be issued to mobile food vendors
shall not exceed 30. In the event that a license is revoked or not
renewed on the date of the renewal year, then the license may be issued
to another applicant on a first-come-first-served basis. The Tax Collector
shall maintain a waiting list for revoked licenses and licenses not
renewed and shall notify the applicant at the top of the list that
a license is available.
All applicants attempting to apply or renew a license shall:
A.
Complete the application or reapplication with the Tax Collector;
C.
Provide all of the following:
(1)
Certificate of registration issued by the New Jersey Division of
Taxation.
(2)
Proof of ownership or rental of an approved vehicle.
(3)
Proof of motor vehicle insurance as per N.J.S.A. § 39:6B-1
if the mobile food vendor operates from a motor vehicle, in addition
to proof of general liability insurance providing a minimum of $1,000,000
of coverage.
(4)
A satisfactory motor vehicle inspection report issued no more than
30 days prior to a license being issued or renewed.
(5)
The make and model of vehicle, state license plate number, driver's
identification number, and a copy of the state registration.
(6)
An abstract of the applicant's driving record.
(7)
A Type 2 propane permit from the City of East Orange Fire Department,
if the vehicle is carrying more than five pounds of propane, issued
by the East Orange Fire Department. (The applicant is responsible
for applicable fees.)
(8)
Two forms of photo identification.
(9)
A copy of a current East Orange mobile food vendor's license.
(10)
Three professional references not related to the applicant.
(11)
If the applicant is a corporation, the state in which its charter
is registered and the registered agent's name and address in this
state.
(12)
The number and nature of any arrests or convictions against
the applicant, officers, partners or any salespeople to be employed.
[Amended 8-8-2022 by Ord. No. 23-2022]
The license fee shall be $500. The cost of the health certificate
shall be included in this fee.
The mobile food vendor's license shall be valid for one year
and expire on June 1, regardless of the month the license was issued
by the City.
No person holding a mobile food vendor license shall sell, lend,
lease or in any manner transfer any interest in a mobile food vendor
license. Any unauthorized transfer or attempt to transfer a license
and/or permit shall automatically void such item. Additionally, whoever
violates this provision, including both the transferor and transferee,
shall be subject to penalties set forth herein.
[Amended 8-8-2022 by Ord. No. 23-2022]
A.
All mobile food vendors are permitted to operate in designated/assigned
parking spaces in the following areas in the City of East Orange:
B.
No person shall park a food vending vehicle upon a public roadway
or street or operate a cart on a public sidewalk in any area other
than the areas listed in this section.
C.
All properly licensed mobile food vendors will be assigned parking
spaces, entitled "mobile food vendor parking spots," at the aforementioned
locations. These assignments shall be made in accordance with a schedule
that will be created and released by the City within 20 calendar days
of the initial enactment of this ordinance[2] and on April 1 of each calendar year thereafter.
[2]
Editor's Note: Refers to Ord. No. 23-2022, adopted 8-8-2022.
D.
All mobile food vendors must pay the applicable standard parking rates whenever said vendor has a vehicle or mobile food cart parked in designated parking space. This fee shall be in addition to the license fee discussed in § 118-23 (entitled "License fee").
E.
Nothing in this chapter shall prohibit the City from hiring mobile
food vendors of its own choosing for special events. The City may
suspend the normal operation of otherwise licensed mobile food vendors
and/or utilize public property, streets or sidewalks for such events.
F.
The City, at its own discretion, may determine and/or alter the number
of mobile food vendors, the allowed hours of operation and places
of operation. The City also reserves the right to temporarily suspend
or prohibit parking in mobile food vendor parking spots.
G.
The City reserves the right to reassign a mobile food vendor to a
different mobile food vendor parking spot upon 14 days' notice of
the reassignment to the mobile food vendor.
It shall be unlawful for any mobile food vendor to engage in
such activity in the City of East Orange without first obtaining a
health certificate issued by the City of East Orange's Department
of Health. Any person attempting to apply for or renew a health certificate
shall provide all of the following:
A.
Mobile food vendors shall complete a heath inspection within 30 days
after being issued a health certificate. Failure to complete a health
inspection in the thirty-day time frame will result in revocation
of the license under this article.
B.
All mobile food vendors under this article are subject to the applicable
safety regulations found in the City of East Orange's City Code and
the food safety regulations in Chapter 24 of the New Jersey Code.
A.
Any mobile retail food vendor operating without a valid mobile food
vendor license and/or health certificate shall be deemed a public
safety hazard and may be ticketed and/or impounded.
B.
All trash and recycling receptacles shall be adjacent to the mobile
food vendor.
C.
Mobile food vendors shall collect all trash and debris within 25
feet before leaving their site. Collected trash must not be deposited
in public trash receptacles.
D.
No mobile food vendor shall serve food or drink to a motorist or
occupants of a vehicle blocking the passage of traffic.
E.
No mobile vendor's vehicle shall occupy street space, blocking the
passage of traffic.
F.
Grills, generators or other items related to the mobile food vending
operation shall be located inside the vehicle.
G.
Mobile food vendors must have a portable water tank/sink for hand
washing attached to their vehicles, as per N.J.A.C. 8:24-5.3.
H.
All motorized vehicles must abide by all existing traffic and parking
regulations.
I.
No mobile food vendor shall operate on private property, unless consent
is given.
The license of a person who violates any provision of this article
may be revoked or suspended after a hearing on 10 days' notice served
upon the licensee. Any licensee who is charged with a violation shall
have the right to be represented by an attorney, and said facts shall
be stated on the notice served upon the licensee. Any licensee whose
license has been revoked or suspended shall have a right to appeal
such revocation or suspension to a court of competent jurisdiction
in accordance with the rules of the Courts of the State of New Jersey.
Any person operating as a mobile food vendor who violates any
provision of this article shall be subject to a fine not exceeding
$2,000 or imprisonment for a period not exceeding 90 days, or both.
The amount of such fine and/or imprisonment shall be determined by
the Municipal Judge.
