[Adopted 12-11-2023 by Ord. No. O-50-23[1]]
The purpose of this article is to define the process, licensing,
location, and operations for vendors engaging in the preparation and
sale of food from mobile, nonpermanent vehicles within the City of
Rahway.
As used in this article, the following terms shall have the
meanings indicated:
A cart or other movable device used on the public sidewalks
or in public places, in which ready-to-eat food is cooked, wrapped,
packaged, processed or portioned for sale or distribution, and which
is not licensed as a food truck or food trailer. "Food cart" shall
refer to a cart or other movable device that is intended to remain
in a stationary location for a period of time.
A nonmotorized vehicle designed to be pushed, where a person
goes from place to place by traveling on public sidewalks, selling
ice cream products, frozen confectionery products, water ices, beverages,
foods and foodstuffs which, prior to service, require only limited
preparation or are prepackaged, where the purpose is to sell or attempt
to sell these items to customers from such vehicle or pushcart.
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, food trailer and a food cart.
A motorized vehicle that is registered and is able to be
operated on the public streets of the State of New Jersey, in which
frozen desserts are carried for purposes of retail sale on public
streets.
The owner or operator of a food truck, food trailer or food
cart, pushcart, or the owner's agent, whether such food or beverages
are prepared on-site or prepared elsewhere and transported to the
site of the sale.
Any mode of conveyance or anything with or without a wheel
or wheels, whether stationary or propelled by muscular power or other
means.
A.
Any individual/company that wishes to operate as a mobile food vendor
must first obtain a license from the City Clerk.
B.
The information and content of the license/permit application shall be the same as the requirements for a peddler license/permit as defined in § 311-21.
C.
Employees of mobile food vendors within the City of Rahway must first
obtain a permit from the City Clerk.
D.
Licenses and permits must be displayed in full view during the course
of business.
E.
Licenses/permits must be renewed annually each calendar year. Licenses/permits
are not transferable, including, but not limited to, from entity to
entity, person to person and/or vehicle to vehicle, or any combination
thereof.
F.
Background checks will be conducted on an annual basis for each holder
of a license or permit. Background checks resulting with the following
convictions may result in a denial for licenses and permits:
(1)
Conviction of a crime that was proven to be committed recklessly
or with malicious intent, and was proven as inherently vile, unethical,
or depraved, contrary to the rules of society.
(2)
Conviction of a third-degree crime within a year of the application
date will automatically disqualify the applicant. Conviction of a
third-degree crime over one year prior to the application date will
be reviewed with additional consideration of other convictions. Examples
of third-degree crimes include but are not limited to terroristic
threats, theft or shoplifting (over $500), aggravated assault, fraud,
burglary and distribution of controlled dangerous drugs.
(3)
Conviction of crimes against children, domestic violence, and/or
sexual assault shall result in automatic disqualification for the
applicant.
G.
It is the responsibility of the license holder to ensure that each
new employee who engages in the activities regulated by this article
completes an application and receives a permit.
H.
Holders of special licenses from the State of New Jersey pursuant
to the regulations of N.J.S.A. 45:24-9, as supplemented and amended
(honorably discharged veterans and exempt members of volunteer fire
departments, volunteer fire engineer, hook and ladder, hose supply
company or salvage corps of any municipality or fire district in the
State of New Jersey who hold exemption certificates issued to them),
must fill out an application and pay for any background checks with
the New Jersey Division of State Police but shall be exempt from any
of the City's administrative fees for background checks hereunder.
Only honorably discharged veterans who have resided in the State of
New Jersey for at least six months and in Union County for at least
three months shall qualify for this exemption.
I.
All annual licenses and permits shall expire on January 15 of the
following year.
J.
Upon termination of a vendor employee, all permits of terminated
employees must be returned to the City Clerk within 10 days of such
termination.
K.
City annual license limits.
(1)
Each calendar year, the City shall have a maximum allotment of five
licenses for food vehicles operated by vendors that do not have a
brick-and-mortar eating and drinking establishment, restaurant, including
restaurants with plenary retail consumption licenses, office, warehouse
or place of business in a commercial space within the City of Rahway.
(2)
Each calendar year, the City shall have a maximum allotment of five
licenses for food vehicles operated by businesses which already, prior
to the application for a license, have a brick-and-mortar eating and
drinking establishment, restaurant, including restaurants with plenary
retail consumption licenses, office, warehouse or place of business
in a commercial space within the City of Rahway.
(3)
Without amendment to this article, the City may issue additional
licenses for Rahway-owned brick-and-mortar eating and drinking establishments,
or a restaurant, including restaurants with plenary retail consumption
licenses, where circumstances outside business owners' control
prevent or significantly diminish the operating ability of brick-and-mortar
eating establishments. Examples include executive orders which limit
occupations of indoor dining, natural disasters, and other similar
extreme circumstances.
(4)
In no case shall any vendor be issued or allowed to acquire or possess
more than one food vehicle license at any time; however, this restriction
shall not apply to ice cream/frozen dessert vendors.
M.
Annual special event license.
(1)
A vendor operating at a special event (i.e., party, fair, festival,
movie production, etc.) where there will be a food vehicle is required
to comply with this section unless regulated elsewhere in this article.
(2)
Vendors wishing to operate at a special event must first obtain an
annual special event food truck license from the City Clerk. Applications
may be made at any time. A late service fee may be charged, not to
exceed double the standard fee, for applications received within seven
days of an event at which a vendor wishes to operate. In no case may
a food vehicle operate without approval by the Health and/or Fire
Official.
(a)
Special event licenses shall be valid from issuance through
January 15 of the following year. Licensees shall be required to notify
the City Clerk's office of each event at which it wishes to operate,
and the City Clerk's office shall issue a paper license (the
"sublicense") for each such event.
(b)
The special event sublicense shall include the location, host
contact and specific duration of the event and shall expire at the
stated conclusion of the event.
(c)
A licensee is limited to operate at four special events per
month, and a special event licensee may only operate during the special
event as listed on such sublicense, but in no case shall a food vehicle
with a special event license or sublicense operate between the hours
of 9:00 p.m. and 8:00 a.m. The City Clerk or the Rahway Police Department
shall have discretion to waive this requirement as necessary to preserve
the health, well-being and safety of the public.
(4)
Special event sublicenses are valid for one day only and are not subject to the regular location restrictions listed in § 311-38B.
(5)
Fees for special event licenses shall be $50 per truck for calendar
year 2024 and $100 for 2025 and thereafter.
A.
All food vehicles must be inspected by the City Health Department
and present a valid food license at the time of application for a
mobile food vendor license.
B.
New or replacement food vehicles shall be inspected before operating.
Operators shall submit specifications related to equipment types,
manufacturers, model numbers, locations, dimensions, performance capacities,
and installation specifications prior to the scheduled inspection.
Additionally, operators shall submit information related to the layout,
mechanical schematics, construction materials, and finish schedules.
The City Health Department may request additional information required
for the proper review of the food vehicle.
C.
No changes shall be made to approved food vehicles without reinspection
by the City Health Department.
D.
No food vehicle that utilizes propane shall operate within the borders
of the City of Rahway without first having been inspected and approved
by the Rahway Fire Department Fire Prevention Bureau. No changes shall
be made to an approved food vehicle without reinspection by the Fire
Department.
E.
Food vehicles shall be inspected annually. Compliant food vehicles
shall receive a certificate of approval valid until January 15 of
the following year.
F.
Certificates of approval shall be displayed prominently in or on
the food vehicle as directed by printed instructions on the certificate.
G.
The inspection fee shall be paid at the time of application. For
continuous operation within the City, a yearly permit is required.
(1)
For renewal, the vendor must file an application and pay the required
fee prior to each new year, and an appointment for inspection will
be scheduled no later than March 1.
(2)
If the renewal fee is paid prior to the new year as required above,
the certificate of approval shall be temporarily extended until the
date of the vendor's required annual inspection, provided it
is no later than March 1.
H.
Food vehicles failing the inspection may be reinspected at any time.
No additional fee will be charged for the first reinspection if within
30 days of the first inspection. The full inspection fee is required
for reinspections after that date and any additional reinspections.
A.
The license fee for mobile food vendors shall be $500 annually, per food vehicle, for a business that does not have an existing brick-and-mortar eating establishment within the City, except that holders of special licenses pursuant to § 311-35H shall be exempt.
B.
The license fee for mobile food vendors shall be $250 annually, per food vehicle, for a business that has an existing brick-and-mortar office, warehouse or place of business in a commercial space, eating and drinking establishment within the City, and for ice cream/frozen dessert food vendors, except that holders of special licenses pursuant to § 311-35H shall be exempt.
C.
For initial license/permit application:
(1)
Fee of $100, payable to the City of Rahway to cover the administrative fee for the background check, except holders of special licenses pursuant to § 311-35H shall be exempt. The aforementioned fee does not include the cost of fingerprinting. Fees for fingerprinting are set by an outside vendor.
E.
The health inspection fee for each food vehicle shall be $100.
F.
The fire inspection fee for each food vehicle shall be $50 for nonresidents
of Rahway; there is no cost to residents.
A.
General.
(1)
All products so sold or offered for sale from such vehicles shall
comply with all the laws and local ordinances relating to food and
food products.
(2)
It shall be unlawful for a food vehicle vendor to:
(a)
Sell or offer to sell his or her products in streets where the
permitted speed limit is 30 miles per hour or more, unless there is
a delineated shoulder.
(b)
Sell or offer to sell his or her products to a person standing
in the roadway, nor shall he or she allow any unauthorized person
to ride in or on the vehicle.
(c)
No food vehicle shall serve food or drink to a motorist or occupant
of a vehicle.
(d)
No food vehicle shall provide in-truck dining services or sidewalk
tables and chairs.
(e)
Occupy any location situated within 200 feet of the property
of any elementary, middle or high school, whether public or private.
(f)
Occupy any location situated within 100 feet of any residence
building or 500 feet of any restaurant or eating and drinking establishment.
(g)
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.
(h)
A mobile vendor subject to the provisions of N.J.S.A. 39:4-128.7
shall, to the extent said statute is inconsistent with this article,
comply with the statute. Otherwise, this article shall apply.
B.
Locations. Notwithstanding anything herein to the contrary, a food
vehicle, other than a frozen dessert truck as defined in N.J.S.A.
39:4-128.3, may occupy the following locations strictly in compliance
with the conditions imposed by this article and, where applicable,
the special conditions imposed by this subsection and set forth below.
(1)
All food vehicles:
(a)
New Brunswick Avenue: between East Inman Avenue and East Hazelwood
Avenue;
(b)
East Hazelwood Avenue: between Witherspoon Street and Hart Street;
(c)
East Inman Avenue: between Elizabeth Street and Leesville Avenue;
(d)
Regina Avenue: between New Brunswick Avenue and Holly Place;
(e)
St. Georges Avenue: subject to distance requirements from residences
and restaurants and eating establishments, and all state requirements.
(2)
Frozen dessert trucks. Frozen dessert trucks are permitted on all
streets located outside of the central business district, provided
that they do not remain parked at one location in excess of 15 minutes.
Licenses for frozen dessert trucks shall not count towards the maximum
number of food vehicle licenses issued.
(3)
Private commercial properties. Food vehicles may only occupy private
commercial properties with the expressed permission of the property
owner in the I-L Light Industrial and I-H Heavy Industrial Zones.
Hours of operation shall be limited to the hours of operation of the
private commercial property on which the food vehicle has permission
to be located. All food trucks located on private property shall be
required to obtain a zoning permit from the City. All food trucks
located on private property count towards the maximum permitted number
of licenses. In no case shall a food vendor be located within 500
feet of a brick-and-mortar eating establishment or a residential use
or zone. Police, Fire, and Health shall review any application for
a food vehicle to be located on private property as permitted in this
section to ensure the health and safety of the food operator, customers,
and employees of the site. Any contract or agreement shall be filed
with the City.
(a)
Without amendment to this article, the City may issue approvals
to Rahway-owned businesses with brick-and-mortar eating establishments
to permit a food vehicle on their premises where circumstances outside
business owners' control prevent or significantly diminish the
operating ability of brick-and-mortar eating establishments. Examples
include executive orders which limit occupations of indoor dining,
natural disasters, and other similar extreme circumstances.
(4)
Residents and not-for-profit organizations may request the presence
of food vehicles on their property for special events.
(a)
Such request shall be made to the City Clerk pursuant to § 311-35M, who shall make a determination in their own discretion. Such determination shall include the number of food vehicles and the allowed hours of operation. In no case shall the City Clerk grant permitted allowed hours for the aforementioned prior to 8:00 a.m. or after 9:00 p.m. Such a request shall be subject to the special event license requirements in § 311-35M.
(b)
Food vehicles may be located in the parking space within the
right-of-way in front of the requestor's property. In no event
shall the food vehicle be permitted on the sidewalk or elsewhere within
the street. Service windows shall face the sidewalk.
(c)
Property owners, residents and/or organizations giving permission
to or requesting the presence of motorized food vendors shall assure
that the food vehicle is parked legally and not obstructing the flow
of vehicle or pedestrian traffic.
(5)
Permits issued shall be issued for the above locations in accordance
with written procedures established by the Zoning Authority and filed
with the City Clerk.
C.
No motorized food vendors shall operate or be parked in an area where
parking of motor vehicles is prohibited, restricted or regulated unless
expressly authorized by the City.
D.
Nothing in this article shall limit the City from hiring food vehicles
for special events. The City, at its own discretion, may determine
the number of food vehicles, the allowed hours of operation, may reduce
associated fees, and may utilize public property, public recreation
facilities, streets and/or sidewalks for such events.
E.
Parking on public streets is limited to the hours of 9:00 a.m. to
10:00 p.m., Tuesdays through Saturdays, and 9:00 a.m. to 7:00 p.m.
Sundays and Mondays.
F.
Food and drinks may only be sold on public streets between the hours
of 9:00 a.m. and 9:00 p.m.
G.
Each vendor must place a trash can of adequate size and a recycle
can within 10 feet of the vendor's location. Vendors are required
to remove trash and to properly dispose of trash and recyclable containers
and materials within 30 feet of their location prior to departure.
No trash or recyclables shall be disposed of in receptacles owned
by the City or nonprofit corporations or associations that place trash
or recycling receptacles on the street for use by the public, nor
placed alongside the aforementioned receptacles.
The Business Administrator of the City reserves the right to
cause the City Clerk to revoke and/or rescind any license or permit
granted under this article if the person or organization with such
license or permit, as applicable, shall be found:
A.
Using false or fraudulent statements in obtaining such license or
permit.
B.
Using false or fraudulent statements or other misrepresentations
in the course of carrying on business or employment under such license
or permit, as applicable.
C.
Conducting the business of mobile food vending in an unlawful manner
or in such a manner as to constitute a breach of the peace or nuisance
or a menace to the health, safety and welfare of the citizens of the
City of Rahway.
D.
Selling items, including, but not limited to, tobacco products, products
containing THC, firearms and ammunition, fireworks, or any other items
that have legal age restrictions.
Any person who violates any provision of this article shall,
upon conviction thereof, be punished by a fine not exceeding $2,000
or by imprisonment for a term not exceeding 90 days, or both. A separate
offense shall be deemed committed on each day during or on which a
violation occurs or continues.
