[Adopted 11-28-2022 by Ord. No. MC 3806]
No vendors, mobile food truck establishments, temporary food
trucks, or itinerant merchants shall carry on any business, trade,
or occupation in the Township of Irvington without having first obtained
from the Health Department, Division of Licensing, a license for such
business in accordance with this article. Furthermore, all vendors
or itinerant merchants must obtain and display the proper license
upon approval of the Health Department.
As used in this article, the following terms shall have the
meanings indicated:
A nonmotorized vehicle 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, in which ready-to-eat food is
cooked, wrapped, packaged, processed, or portioned for sale or distribution.
A motorized vehicle that is registered and is able to be
operated on the public streets of the State of New Jersey, in which
ready-to-eat food is cooked, wrapped, packaged, processed, or portioned
for sale or distribution.
Collectively, a food truck or food trailer.
The owner or operator of a food truck or food trailer or
owner's agent: hereinafter referred to as "vendor."
Any moveable restaurant, truck, or trailer in which food
or beverage is transported, stored, or prepared for retail sale or
given away at temporary locations.
Includes cars, motor trucks, and other motor vehicles properly
registered and insured in accordance with New Jersey motor vehicle
laws. No licenses will be provided to individuals with carts or other
types of nonmotorized conveyance.
A.
No person shall operate a mobile food truck establishment or temporary
mobile truck unless a license to operate the same has been issued
by the Division of Licensing following the approval thereof from the
Irvington Health Department.
B.
No person shall operate a mobile food truck establishment or temporary
mobile truck that has been found to be "Unsatisfactory" as defined
by N.J.A.C. 8:24-8-11, until the Department of Health has issued a
"Satisfactory" rating pursuant to N.J.A.C. 8:24-8.11.
A.
Licenses issued under the provisions of this article shall be displayed
in a conspicuous place on the food trailer, truck and/or vehicle in
such a manner that the public may view the license, without obstruction.
B.
Pursuant to N.J.A.C. 8:24-8.12, the placard rating of the most recent
inspection of the mobile food truck, temporary food truck, and itinerant
merchants shall be posted in a conspicuous place, on the trailer,
truck and/or vehicle in such a manner that the public may view the
rating, without obstruction.
A.
Licenses, other than for special permits, issued or approved under
the provision of this article shall expire annually on December 31
of each year, and application for renewal thereof shall be submitted,
together with the required fee, from December 1 to December 31 of
each year. Temporary food truck licenses for special events shall
be in effect for the duration of the event.
B.
The license shall expire on December 31 next after its issuance.
All licenses must be renewed before they expire, or the license shall
be lost, and the Township shall issue the license to the next applicant
the Township has or receives. Licensees who hold licenses shall not
lose their license as long as they are continually renewed before
expiration.
A.
A license issued under the provisions of this article may be revoked
or suspended, and a request for a license may be denied, based upon
just cause, which shall include, but not be limited to:
(1)
The violation of any of the provisions of this article;
(2)
The violation of any of the provisions of any other ordinance of
the Township of Irvington;
(3)
The violation of any statute, regulation or code of the State of
New Jersey dealing with health, disease control, sanitary practices,
or environmental control;
(4)
A misrepresentation of a material fact related to the source of food
supplies, the medical records of food handlers, or epidemiological
information relating to investigation of a foodborne disease; and/or
(5)
Failure to comply with a lawful directive of the Health Officer or
his duly appointed designee.
B.
An owner or operator of a mobile food truck, temporary food truck,
or itinerant merchant may appeal the suspension, revocation or denial
of a license to operate and request a hearing thereon before the Health
Officer and Adhoc Committee by filing a written request with the Health
Officer within five business days from the date of receipt of such
notice of suspension, revocation, or denial. Such appeal, which shall
state in detail why the suspension, revocation, or denial should be
reversed, shall be acted upon and a hearing held within 10 business
days of its receipt.
A.
Any person who is soliciting on behalf of a charitable, political,
or civic nonprofit organization shall be exempt from the licensing
requirements of this article; provided, however, that such person
shall be required to comply with all other provisions of this article.
B.
The fee requirements of this article shall not be held to include
the following persons who are expressly exempt from such fees:
A.
Applications. All applications for vendors' licenses shall be
accompanied by an application/license fee of $200 and shall be made
to the Township of Irvington on forms provided by the Division of
Licensing and shall contain the following information:
(1)
Name and permanent and local address of the applicant. If the applicant
is a corporation, the name and address of its registered agent and
each person who will actually conduct the business. All such persons
are hereinafter referred to as "applicants."
(2)
If a vehicle is to be used, its description, including the license
plate and VIN number.
(3)
Applications by partnerships shall be signed by all partners, with
the information required by this section supplied in detail as to
each partner, and applications by corporations shall have attached
individual statements containing all of the information required by
this section relating to each employee or agent who shall engage in
the licensed activity, and shall be signed by each employee or agent.
(4)
The days of the week and the hours of the day during which the licensed
activity will be conducted.
(5)
A description of the nature of the business and the goods, property,
or services to be sold or supplied.
(6)
The applicant shall provide two photographs, not over one year old,
showing the applicant's face, front and profile, of a minimum
size of 1 1/2 inches by 1 1/2 inches which shall be affixed
to the application.
(7)
Upon receipt of said application, the Department of Health shall
conduct an investigation into the plans for preparation and serving
the food, including source of food and type of equipment to be used.
Upon satisfactory evidence, based upon N.J.A.C. 8:24, the Department
of Health shall approve the application and allow the applicant to
obtain a license from the Division of Licensing.
The preparation and sale of food in or from any food trailer
or truck from the street or other public place is hereby prohibited
unless the vehicle shall conform with the following requirements:
A.
The vehicle shall be of sound construction. That part containing
the products, preferably of an acceptable metal, shall always be entirely
enclosed and kept in a sanitary condition both inside and outside.
The truck shall be thoroughly and efficiently insulated, with all
openings screened and glass enclosed. The products-containing compartment
of the truck shall have adequate working space to avoid overcrowding.
Floors, walls, and ceiling thereof shall be constructed of an acceptable
impervious material and their fibers shall be properly drained. The
truck shall be provided with adequate light and ventilation.
B.
Double wash trays of an adequate size to wash the largest moveable
piece of equipment shall be provided with hot and cold running water.
Hot water to be of a temperature not less than 170° F. The sinks
shall be properly drained to a septic tank on the truck.
C.
The truck shall be equipped with a hand washbasin equipped with hot
and cold running water. Soap and a single-service toweling shall be
provided.
D.
Dispensing windows shall be of sliding construction, properly screened
or glassed.
E.
The unit shall be provided with proper disposal cans for consumer
use.
F.
A proper and permanent place shall be provided where the truck and
all equipment used in the processing of the product will be thoroughly
washed and sanitized following each day's operation and before
starting the next day's operation.
G.
At all times, the operation of handling, preparation, storage and
dispensing of food and drink shall be carried on or conducted in a
manner so as not to constitute a hazard or nuisance so that the food
and drink shall be protected from contamination by dust, filth and
whatever may in any way cause it to become unwholesome or render it
unfit for the human body.
H.
A hood suppression system used in a food vehicle must be compliant
with all state and local fire codes.
A.
The license, if granted by the Irvington Health Department, shall
be issued by the Division of Licensing. The Division of Licensing
shall issue a license when a vehicle is to be used, bearing the words
"Licensed Vendor, Township of Irvington," together with the number
of the license and the expiration date written as "Expires December
31, 20_____," and all vehicles used for the purpose of vending as
aforesaid shall have affixed on the side thereof the name of the licensee
in letters at least two inches in height written or clearly and distinctly
thereon.
B.
Any person, licensed as aforesaid, engaged in vending as aforesaid
in the streets, private property, and public places of the Township
of Irvington shall at all times carry with them, when so engaged,
their license and shall exhibit the same, on demand, to any police
officer or Township official requesting same.
C.
The Division of Licensing shall keep a record of all such licenses
in a book to be provided for that purpose.
D.
The issuance of Class 1 licenses shall be limited to five licenses.
E.
The issuance of Class 2 licenses shall be limited to three licenses.
F.
The issuance of Class 3 licenses shall be limited to eight licenses.
A.
Licenses shall be divided into the following classes:
(1)
Class 1: Food Truck - sales on public property. License for the sale
of products in designated areas within the Township of Irvington.
The designated areas will be mainly located in our commercial/industrial
areas. The license in these areas will be giving particular consideration
to the safety of the patrons approaching the vendor.
(2)
Class 2: Ice Cream Truck. License for the sale of ice cream products,
frozen desserts products, water ices, frozen confectionery products
and beverages from a food vehicle. The licensee may sell in any zone
(except areas in which a Class 1 license is required), provided that
no sale stops shall be for more than 15 minutes in any zone as indicated.
(3)
Class 3: Food Trucks - private property. License for the sale of
food products, snacks and meals from a food truck. The licensee shall
not be permitted to sell in any residential zone and shall be limited
to sale of food on private property with the permission and invitation
of the property owner (in writing). Licenses shall only be given out
in commercial/industrial areas, in a location that does not create
a public nuisance by way of overcrowding and parking violations.
C.
License nontransferable. No person having obtained a license under
this article shall lend or hire the same to any person or lend or
hire or allow the use of any license, with such licensed person's
name thereon, for the purpose of vending. All vendors are required
to obtain a license under this article unless specifically exempted.
Vendors' licenses are specific to a person and peddlers are forbidden
to allow another person to operate under their licenses.
No vendor shall:
A.
Cart regulations: Carts that are parked along the sidewalk are prohibited
as the Township of Irvington has determined that sidewalks are not
wide enough to support a cart and pedestrian traffic.
B.
Location of vehicle time limits (ice cream trucks): park, station,
or maintain a vehicle or allow it to remain at the same location for
more than 15 minutes unless a sale is transacted, or potential customer
is stopped at the vehicle surveying the vendor's products. After
each sale or survey by a potential customer, the fifteen-minute period
shall begin anew. At the expiration of the fifteen-minute period,
the vendor must move its vehicle at least 30 feet. The vendor may
not return to any location from which they have moved in accordance
with the requirements of this section to any place within 30 feet
of said location for two hours. The section shall apply to all locations
throughout the Township unless waived by the Adhoc Committee members.
C.
Obstruction of traffic or pedestrians; litter receptacle; receptacle
requirements: park, station, or maintain a vehicle in such a way as
would substantially restrict, obstruct, interfere with or impede the
pedestrian's right-of-way; substantially restrict, obstruct,
interfere with or impede the ingress or egress from the abutting property;
create or become a nuisance; increase traffic congestion, cause or
increase traffic delay or hazards; cause, create or constitute a danger
to life, health or property; or sell food, drinks, ice cream or confections
of any kind for immediate consumption unless they have available for
public use their own litter receptacle which shall be clearly marked
and maintained for his patronage use. No vendor shall leave any location
without first picking up, removing and disposing of any and all trash
or refuse remaining from sales made by them.
D.
Unattended vehicles: leave any vehicle unattended at any time or
store, place, or leave the same overnight on any public way of the
Township of Irvington.
E.
Prohibited hour of sale: engage in the business of selling between
9:00 p.m. and 7:00 a.m.
F.
Proximity to intersections: park, station, or maintain a vehicle
or its goods, wares, or merchandise, or allow them to remain at any
location for sale or display or be sold if to do so would place the
seller or his goods, wares, or merchandise closer than 10 feet from
intersecting streets or sidewalks.
G.
Proximity to curb cuts: engage in the business of vending within
10 feet of any location where the curb has been depressed to facilitate
pedestrian or vehicle movement.
H.
Minimum pedestrian right-of-way: park, station, or maintain a vehicle
or allow it to remain on any sidewalk if to do so would reduce the
unobstructed pedestrian right-of-way to less than six feet.
I.
Proximity to bus stops: engage in the business of vending within
60 feet of a bus stop.
J.
Proximity to fire hydrants and crosswalks: engage in the business
of vending within 15 feet of any fire hydrant, crosswalk, or driveway.
K.
Placing a vehicle where parking is prohibited; place a vehicle or
conduct a general vending business at a location in the street where
stopping, standing, or parking is prohibited, or during a time period
when stopping, standing, or parking is restricted.
L.
Violation of traffic parking regulation: violate any traffic parking
law, ordinance, or regulation, or operate in such a manner as to restrict
the continued maintenance of a clear passageway for vehicles.
M.
Display of tax certificate: engage in the business of vending without
prominently displaying on the vehicle, the certificate of registration
from the Director of the Division of Taxation of the New Jersey State
Department of Treasury.
A.
No food vehicle shall operate within the borders of the Township
of Irvington without first having been inspected and approved by the
Township of Irvington Fire Department - Fire Prevention Bureau and
Department of Health.
B.
All products sold or offered for sale from such vehicles shall comply
with all the laws and local ordinances relating to food and food products.
C.
It shall be unlawful for a mobile food truck establishment and transient
merchants to:
(1)
Sell or offer to sell his or her products to a person standing in
the roadway, nor shall they allow any unauthorized person to ride
in or on the vehicle.
(2)
Occupy a location in a residential zone. A street location which
immediately abuts a residential zone on either side shall be considered
a residential zone.
(3)
Occupy any location situated within 200 feet of the property of any
elementary, middle, or high school, whether public or private during
the school calendar year.
(4)
Vacate a temporary location without first removing all waste and
debris which has been caused by his or her occupancy or his or her
patrons.
(5)
Operate within 150 linear feet of a brick-and-mortar retail food
establishment building.
D.
Food and drinks may only be sold between the hours of 7:00 a.m. to
8:59 p.m.
E.
Each establishment must place a trash can of adequate size and a
recycle can near the establishment's location. Establishments
are required to remove trash and to properly dispose of trash and
recyclable containers and materials. No trash or recyclables shall
be disposed of in receptacles owned by the Township of Irvington or
nonprofit corporations or associations that place trash or recycling
receptacles on the street for use by the public.
F.
Nothing herein shall be construed to:
(1)
Permit parking in any location in violation of the general parking
ordinances of the Township of Irvington.
(2)
Limit the discretion of a police officer to require a mobile food
truck establishment or transient merchant to move from an otherwise
permitted location in the interest of public safety or the adequate
movement of vehicular or pedestrian traffic.
A vendor operating at a special event, party, fair, or festival
where there will be a food vehicle, with the exception of Township-organized
and sponsored special events, is required to comply with this article.
Permits for one day to three days may be issued by the Township's
Division of Licensing in lieu of the licenses required by this article,
subject to the approval of the Township's Business Administrator,
upon payment of a fee of $50 to the Division of Licensing. 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 Township Business Administrator.
A late service fee may be charged not to exceed double the standard
fee. In no case may a food vehicle operate without approval by the
Township Business Administrator.
A vendor operating at a Township-organized and sponsored special
event is required to comply with this article. Permits for one day
to three days may be issued by the Township. 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 Township Business Administrator.
Any person who violates any provision of this article shall,
upon conviction thereof, be punished by a fine not exceeding $2,000
or imprisonment for a term not exceeding 90 days or a period of community
service not exceeding 90 days, or by any combination of such fine,
imprisonment and/or community service.
|
Description
|
1st Offense
|
2nd Offense
|
3rd Offense
|
4th Offense (Max. Fine) Court Appearance Required
|
|---|---|---|---|---|
|
Current license required
|
$150
|
$300
|
$450
|
$800
|
|
Display of license
|
$50
|
$100
|
$250
|
$500
|
|
Temporary food truck license required
|
$50
|
$100
|
$250
|
$500
|
