[Amended 1-24-2018 by Ord. No. 1264-2018]
As used in this ordinance, the following terms shall have the
meanings indicated:
A device or structure capable of being towed by a vehicle
or person, the primary purpose of such device or structure being for
the preparation and/or sale of hotdogs and hotdog related food products:
referred to hereinafter as "vending unit."
An individual person that operates and/or sells merchandise
from a vending unit.
[Amended 1-24-2018 by Ord. No. 1264-2018]
A.
Any person, firm or corporation desiring to engage in the business
of maintaining a vending unit on the streets of the Borough of Wildwood
Crest shall apply to the Borough Clerk of the Borough of Wildwood
Crest for a mercantile license for said vending unit, in writing,
on the forms supplied by the Borough of Wildwood Crest for said purpose
and verified by said person.
B.
Any person, firm or corporation applying for said license shall be
the registered owner of said unit.
C.
No person, firm or corporation shall be granted a license for more
than one unit in the Borough of Wildwood Crest.
D.
Requirements.
(1)
The application, accompanied by the license fee hereinafter fixed,
shall set forth:
(a)
The name and address of the owner applicant.
(b)
The places of residence of the applicant for registration for
the past five years.
(c)
The driver's license number.
(d)
A description of the nature of the business pro-posed, together
with a detailed description of products to be offered for sale from
the vending unit.
(e)
A description of the vending unit to be utilized, including
the registration number and license plate number if said vending unit
is a registered motor vehicle trailer, and the address of location
of storage of the vending unit.
(f)
The name and address of the insurance carrier and the insurance
policy number and coverage.
(g)
The names and addresses of the persons, firms or corporations
from whom food products to be vended have been or will be purchased.
(h)
Three business references.
(i)
Whether or not the applicant has ever had a license to conduct
the business sought to be registered and whether he ever had a license
to conduct said business denied or revoked and, if so, setting forth
the details thereof.
(j)
A statement as to whether the applicant has been convicted of
any crime or the violation of any municipal ordinance or moving traffic
violations and, if so, the date and place of conviction, the nature
of the offense and the punishment or penalty imposed.
(k)
The names and addresses of salespersons authorized to operate
said vending unit.
(l)
Proof of an insurance policy issued by an insurance company
licensed to do business in the State of New Jersey protecting the
registrant and the Borough of Wildwood Crest from all claims or damages
to property and bodily injury, including death, which may arise from
operations under or in connection with the vending unit. Such insurance
shall name as an additional insured the Borough and shall provide
that the policy shall not terminate or be canceled prior to the expiration
date without 30 days' advance written notice to the Borough. The amounts
of the insurance to be maintained are: personal injury, $100,000 per
person, $300,000 per occurrence; property damage, $50,000.
(m)
A copy of an approved application for a Health Certificate.
(2)
The applicant shall be fingerprinted when making an initial application
and thereafter if the Chief of Police determines that fingerprints
are necessary for proper identification. The fingerprint records shall
be immediately processed for classification and identification.
(3)
Upon satisfactory completion of the licensing process and upon payment of the license fee in accordance with § 40-4 there shall be issued a mercantile license addressed to the applicant to conduct the business applied for. This certificate shall be displayed on the vending unit in clear view of the public at all times.
(4)
A certificate of health compliance issued by the designated Health
Officer of the Borough of Wildwood Crest shall be conspicuously displayed
on the vending unit in clear view of the public. No vending unit shall
be permitted on the streets or sidewalks of the Borough of Wildwood
Crest without such current certification of health compliance.
(5)
Where the applicant is a partnership, firm or corporation, all subsections
hereof shall be applicable to each officer, director or holder of
10% of the issued stock of the corporation and all members of a partnership
or firm.
(6)
Licenses shall not be assignable or transferable.
A.
Anyone desiring to act as a salesperson upon or from any vending unit under this ordinance, including an applicant under § 40-30A above, shall be the holder of a vendor's license under N.J.S.A. 45:24-9 et seq., and shall register, in writing, with the Borough Clerk on forms supplied by the Borough of Wildwood Crest and verified by the applicant. Every such registration shall be accompanied by a copy of said vendor's license and two recent photographs [not less than two by two inches in size] of the registrant.
(1)
The registration statement shall set forth:
(a)
The name and address of the registrant.
(b)
The place of residence of the registrant for the past five years.
(c)
The driver's license number.
(d)
The names and addresses of the registrant's employer.
(e)
A statement as to whether the applicant has been convicted of
any crime or the violation of any municipal ordinance or moving traffic
violations and, if so, the date and place of conviction, the nature
of the offense and the punishment or penalty imposed.
B.
The registrant shall be fingerprinted when making an initial application
and thereafter if the Chief of Police determines that fingerprints
are necessary for proper identification. The fingerprint records shall
be immediately processed for classification and identification.
C.
Upon compliance with the registration procedure, the registrant will
be issued a municipal vendor's registration card.
D.
An applicant under § 40-30A above, who is an active duty exempt fireman, may have an assistant sales person who is not a holder of a vendor's license under N.J.S.A. 45:24-9 et seq., provided that the assistant sales person complies with the following provisions:
[Added 6-21-2023 by Ord. No. 1401]
(2)
The
assistant sales person may only perform his or her function to assist
the registered sales person while the registered sales person is present
at the vending unit. In the event the registered sales person is responding
to a fire call, the assistant sales person may then operate the vending
unit only during the time period the registered sales person is attending
the fire call.
The operation of vending units shall be subject to the following
regulations:
A.
No vending unit shall be permitted upon the streets and sidewalks
of the Borough of Wildwood Crest without a current mercantile license.
B.
Any portable vending unit unregistered as a motor vehicle trailer
with the Division of Motor Vehicles of the State of New Jersey shall
not be allowed on the streets of the Borough.
C.
No vending unit shall be permitted upon the streets and sidewalks
of the Borough of Wildwood Crest unless in operation and attended
by the properly registered holder of a vendor's license under N.J.S.A.
45:24-9, and a municipal vendor's registration card.
D.
There shall be no sale of food or beverage for immediate consumption
unless the vendor has made available for public use a litter receptacle
attached to the vending unit.
E.
A vending unit shall not be removed from any location without the
attendant first picking up, removing or dis-posing of all trash or
refuse remaining from the sales made by said vending unit. No litter
shall be swept or deposited into any gutter, street or drain or storm
sewer.
F.
No items relating to the operation of the vending business shall
be placed or allowed to be placed anywhere other than in or on the
vending unit.
G.
No operator of any vending unit shall set up, maintain or permit
the use of any table, crate, carton or rack or other device to increase
the selling or display capacity of his vending unit. There shall be
no stacking of items to be sold upon any sidewalk or street.
H.
No operator of a vending unit shall solicit or conduct business with
persons in motor vehicles.
I.
No operator of a vending unit shall offer for sale anything from
said vending unit other than such commodities described in the mercantile
license for said vending unit.
J.
No operator of a vending unit shall use any loudspeaker, public address
system, sound amplifier or noise-making device to attract the attention
of the public.
K.
No vending unit shall have the exclusive right to any location, nor
shall it be permitted to operate in any congested area where the operation
of the same might unreasonably impede the public movement.
L.
No vending unit shall be placed in a manner to obstruct any sidewalk
in the Borough of Wildwood Crest, and, if placed upon a sidewalk,
said vending unit must be placed in a manner to allow a continuous
space of five feet for pedestrian passage.
M.
No vending unit shall be placed within 200 feet of any food service
establishment within the Borough.
N.
No person shall operate a vending unit within the Borough of Wildwood
Crest unless the person has displayed prominently and visibly upon
the shirt or blouse a valid state license issued pursuant to N.J.S.A.
45:24-9, together with a municipal registration card.
O.
No person shall operate a vending unit without a shirt or blouse
covering the upper body.
P.
All vending units must be thoroughly covered with proper material
to assure that no portion that is heated is exposed where the public
is able to come into contact with it.
Q.
If a vending unit offers food products for sale, the vending unit
may not dispense nonfood products.
R.
No vending unit shall be permitted on property owned by the Borough,
except for sidewalks and streets, in the manner as regulated above.
S.
No vending unit shall be permitted on private property without the
written permission of the owner, to be evidenced upon request.
T.
The Borough reserves the right to prohibit portable vending rights
from areas designated for municipal-sponsored events. This provision
shall not apply to units operated by the recognized municipal volunteer
services.
The Borough of Wildwood Crest may control and supervise a rotation
of sidewalk vending units and establish designated locations for the
operation of vending units throughout the Borough. Each vending unit
shall be allowed to remain in a designated location only one calendar
day at a time and must move to the next succeeding numbered location
the next calendar day. No vending unit can occupy a designated location
assigned to another unit in the event that the Borough of Wildwood
Crest determines to supervise the rotation of sidewalk vending units.
No sidewalk vending unit shall exceed four feet in width, seven
feet in length and eight feet in height, inclusive of umbrellas or
any other items that may be placed on the vending unit.
A.
Vendors of food and beverages shall comply with the inspection provisions
and standards of the Borough of Wildwood Crest Code and ordinances.
The equipment used in the vending of food and beverages shall be inspected
upon application for licensing and shall receive a certificate of
inspection upon compliance with all applicable Borough of Wildwood
Crest ordinances, state statutes and rules and regulations. Each food
and/or beverage vending unit shall be inspected at least once a year.
B.
In addition to any other health and sanitation requirements, the
following regulations must be followed:
(1)
All vending units shall be stored in an enclosed garage when not
in use. The garage shall have an impervious floor and have adequate
floor drains dispensing only into a sanitary sewer system to allow
for cleaning and washing of the vending unit.
(2)
The location of the food storage, food preparation and cart storage
shall be subject to the applicable provisions of the New Jersey State
Sanitary Code, N.J.A.C. 8:21 through 8:24.
(3)
All food-product storage and preparation areas shall be enclosed
by partition and separated from any cart storage or non-food-preparation-related
operations. In the event that the mobile car base is the same as an
individual's residence, the commercial food storage and preparation
shall be separated from the residential portion of the premises.
(4)
All vending units dispensing hot food shall be equipped with:
(a)
Twin potable water tanks consisting of a minimum capacity of
eight gallons each, heating electrically or otherwise, and tilted
toward a capped drain cock so that tank can be completely evacuated
of water. All tanks shall be equipped with an access hatch in order
to facilitate cleaning and sanitizing internal surfaces of the tanks.
Said access hatch shall be approved by the Borough of Wildwood Crest.
(b)
A hand wash sink, seamless, with running hot and cold water,
soap and single-service towels.
(c)
A suitable waste tank with an adequate method of gauging the
contents and having a capacity at least equal to the capacity of the
water supply tank shall be provided and shall be tilted toward a drain
cock. All waste shall be emptied and flushed into a sanitary sewer
as often as necessary in a sanitary manner in order to maintain sanitary
conditions.
(d)
A refrigerated box capable of maintaining a temperature of 45°
F. or below and equipped with an indicating thermometer shall be provided
for various ingredients carried, with metal racks or platforms provided
to store ingredients.
(e)
A refuse container with cover attached to the cart for deposit
of papers and other solid wastes by customers and operators. Said
container must be readily cleanable and kept clean.
(5)
Additional health regulations:
(a)
Every vending unit shall be constructed of such acceptable material
as to enable it to be readily cleaned, and equipment shall be installed
in such a manner that the unit can be kept clean and food will not
be contaminated during cooking, serving, display or storage.
(b)
Food contact surfaces of vending units shall be provided with
a close-fitting lid to protect food products from dust, dirt and splash.
(c)
Vending units shall be disassembled and cleaned daily or more
often as deemed necessary by the health authority. All food contact
surfaces of vending units shall be washed, rinsed and sanitized in
accordance with procedures of the applicable chapter of the New Jersey
State Sanitary Code. All such cleaning is prohibited in public places.
(d)
The cart-cleaning process at the vending base of operation shall
be segregated from food pro-duct storage, preparation, cleaning or
refuse areas.
(e)
Wastewater from any discharge shall be dis-posed of in a sanitary
manner and shall not create a nuisance.
(f)
All perishable and/or potentially hazardous foods shall be maintained
at temperatures below 45° F. or above 140° F. until removed
from storage for preparation and use. All food items shall be protected
from contamination at all times.
(g)
All vehicles or other means of transport shall have adequate
facilities and capacity to dis-pose of any trash or food waste associated
with the transport of food or breaking down of food products. Said
vehicles shall be maintained in a clean and sanitary manner and subject
to inspection by the Borough of Wildwood Crest.
Each vending unit shall comply with requirements as follows:
A.
All equipment installed in any part of the vending unit shall be
secured in order to prevent movement during transit and prevent detachment
in the event of a collision or overturn.
B.
All utensils shall be stored in order to prevent their being hurled
about in the event of a sudden stop, collision or overturn. A safety
knife holder shall be provided to avoid loose storage of knives.
Registrations issued under the provisions of this ordinance
may be suspended or revoked by the Borough of Wildwood Crest Health
Officer upon notice and hearing, for any reason as follows:
A.
Fraud, material misrepresentation contained in the application.
B.
Fraud, material misrepresentation made in the course of carrying
on the business of vending.
C.
Conducting the business in such a manner as to create a public nuisance
or constitute a danger to the public health, safety, welfare or morals.
D.
Violation of any Borough ordinance or law.
E.
Any activity injurious to the health, safety and welfare of the public.
If any section, subsection, sentence, clause, phrase or portion
of this ordinance is for any reason held invalid or unconstitutional
by any court of competent jurisdiction, such portion shall be deemed
a separate, distinct and independent provision, and such holding shall
not affect the validity of the remaining portions.
This ordinance shall supersede any other ordinance in conflict
herewith to the extent of said conflict.
This ordinance shall take effect upon its final passage and
publication, as provided by law.
