City of East Orange, NJ
Essex County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents

§ 118-19 Scope.

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.

§ 118-20 Hours of operation.

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.

§ 118-21 License required; number of licenses issued.

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.

§ 118-22 Application for license.

All applicants attempting to apply or renew a license shall:
A. 
Complete the application or reapplication with the Tax Collector;
B. 
Pay the applicable license's fee as provided in § 118-23; and
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.

§ 118-23 License fee.

The license fee shall be $170. The cost of the health certificate shall be included in this fee.

§ 118-24 Term of mobile food vendor license.

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.

§ 118-25 Transfer of license.

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.

§ 118-26 Permitted area.

A. 
All mobile food vendors are permitted to park in the following areas in the City of East Orange:
(1) 
City Hall Plaza.
(a) 
South Munn Avenue to Winans Street.
(2) 
Main Street.
(a) 
Winans Street to South Harrison Street.
(3) 
Central Avenue.
(a) 
South Munn Avenue to South Harrison Street.

§ 118-27 Application for health certificate.

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. 
The name of the applicant.
B. 
The address of the applicant and telephone number.
C. 
The place of residence of the applicant for the last three years.
D. 
A description of the food items to be sold.
E. 
A copy of the license payment receipt.

§ 118-28 Health inspection; requirements.

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.

§ 118-29 Standard of operation.

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.

§ 118-30 License revocation or suspension.

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.

§ 118-31 Violations and penalties.

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.