[HISTORY: Adopted by the Board of Commissioners
of the Town of West New York 10-19-2017 by Ord. No. 23/17.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch. 254,
Mobile or Street Food Vendors, adopted 8-16-1995 by Ord. No. 32/95,
as amended.
WHEREAS, the location and use of mobile food vending vehicles
in West New York and the issuance of permits are matters of public
concern; and
WHEREAS, the governing body deems the issuance of such permits
to be important enough so as to limit and constrict the areas of location
of said vendors:
It shall be unlawful for any person to conduct, engage in or
carry on any mobile or street food business, trade occupation, employment
or activity within the Town of West New York without first having
complied with the terms of this chapter.
A.
No person shall be allowed to operate, sell or place upon the streets,
parks or public lands of the Town of West New York any mobile or street
food entity without first having received a permit and approval of
the location of such vehicle, and in accordance with the provisions
of this chapter. No more than 25 permits will be available for mobile
or street food entities within the Town. All mobile or street food
entities which currently have a valid permit will be allowed to keep
said permit active on a year-by-year basis through renewal; however,
if the permit is not renewed timely (by the last business day of the
month of November of each year), it will be necessary for the former
permit holder to begin the permit application process anew, and the
permit shall be subject to the same twenty-five -available-permit
limit that is permissible within the Town. Accordingly, if a permit
is not renewed in a timely manner, it shall be treated as all other
first-time applicants. No preference will be given to applicants who
held licenses and those licenses have lapsed or become inactive.
[Amended 7-27-2022 by Ord. No. 17/22]
B.
No permit shall be given on 60th Street, Kennedy Boulevard and/or
Kennedy Boulevard East except for special events which are approved
by the Mayor and Board of Commissioners. When the Mayor and Board
of Commissioners declare a special event, the Health Officer shall
be responsible for issuing the appropriate license to the vendor once
the Health Officer is satisfied that the vendor has met the health
regulations of the Town. The fee for this special events license shall
be $50 per day, with a security deposit of $500. No more than 75 special
events licenses will be issued at one time.
All applications for such licenses shall be filed with the Health
Officer on forms prepared by the Health Officer. Renewal applications
shall be filed no later than the last business day of the month of
November of each year.
A.
Application investigation.
(1)
Upon receipt of the application and payment of the appropriate fees
by the applicant, the Health Officer shall send a copy of the application
to the Police and Fire Departments and the Zoning Officer or the Construction
Official, all of whom shall make an appropriate investigation of both
the applicant, the location sought by the street food vendor and any
other matter deemed necessary. The Health Officer shall make his own
investigation and inspection to determine the appropriateness and
compliance with the carrying and handling of food, the preventing
of nuisances, the spread of disease for the protection of health and
the compliance with the State Sanitary Code and any other applicable
health regulation (including obtaining a food handler's certificate).
The Police Department shall make such inspections and reports concerning
the placement and location and/or the route of such street food vendors
to protect the public's safety, the free flow of both vehicular and
street traffic and the use of public facilities.
(2)
A copy of the application shall also be served upon the Town Clerk.
B.
Each official shall maintain records of each application submitted
to his or her department. Said official shall forward to the Town
Clerk and to the appropriate Commissioner his or her reports, noting
his or her observations, findings and recommendations.
A.
All licenses shall be approved by the Commissioner having jurisdiction
over the Department of Health and based upon the qualifications of
the applicant and the recommendation and reports of the investigative
officials. In determining whether the applicant or licensee (either
upon a new application or a renewal) has complied with the general
laws and statutes of the State of New Jersey and the ordinances of
the Town of West New York, the Commissioner having jurisdiction over
the Department of Health shall be guided in making his/her decision
by the following standards:
(2)
The provisions of the ordinance adopting the Construction Code and
the Property Maintenance Code of the Town.
(4)
Any and all other applicable regulating codes and ordinances of the
Town, including public health statutes and codes of the State of New
Jersey.
(5)
The license history of the applicant (either new or renewal) regarding
past violations, revocations or suspensions and the timeliness of
past applications for licenses and the applicant's continued compliance
with the license requirements and the effect upon the placement of
the vending cart upon public access, safety and traffic.
B.
The Commissioner shall issue or deny the license within 10 days from
the date that all investigative reports as required by this chapter
are submitted.
C.
In the event that the Commissioner shall have reasonable cause, based
an the above standards and investigation reports submitted by the
officials designated to undertake the inspections, to believe that
the information submitted on the application is not complete or is
incorrect, and/or that the nature of the business proposed to be conducted
by the applicant and/or the persons to be involved in said business
would be detrimental to the health, welfare and/or general safety
of the citizens of the Town and/or that the good character and/or
fitness of the applicant can reasonably be questioned because of its
relationship to the nature of the business or the location of the
stand or spot sought by the vendor, the Commissioner shall have the
right to deny said license.
D.
Upon denial of a license, the applicant shall have the right to appeal
said denial. The appeal shall be considered by the Board of Commissioners
or the Town of West New York's Special Hearing Officer/Special Counsel.
Said appeal shall be filed with the Health Department (and a copy
to the Town Clerk) within 10 days of the initial denial.
E.
Upon receipt of the above by the Health Department, the appeal shall
be forwarded to the Municipal Administrator, who shall forward it
for consideration to the Board of Commissioners or Special Hearing
Officer/Special Counsel. The Board of Commissioners shall schedule
a hearing either at a regular Board of Commissioners meeting or at
a special meeting, which hearing shall not be less than 30 days and
not more than 45 days from the receipt of the notice of appeal. The
Special Hearing Officer/Special Counsel shall schedule a hearing which
shall not be less than 30 days and not more than 45 days from the
receipt of the notice of appeal.
The application shall contain the following information:
A.
The name under which the business is to be conducted.
B.
The name of the applicant and his or her age and date and place of
birth. In the event that the applicant is a corporation, then the
applicant shall submit a copy of its certificate of incorporation,
the names and addresses of each person owning 10% or more of the shares
of stock issued by said corporation and the names and addresses of
the officers of said corporation, specifying the office held by each
person, together with the name and address of the registered agent
for said corporation. In the event that the applicant is a partnership,
then and in such event, the applicant shall supply the Town with the
name and address of each partner, general or limited, having at least
a ten-percent interest in said partnership.
C.
The present address of the applicant or applicants.
D.
The address and location of the business to be conducted, and the
proposed manner and use of the premises.
E.
The nature of the business and the extent thereof.
F.
A statement as to whether the applicant has ever had a license to
conduct the business described revoked or denied and the reason therefor.
G.
Details of any arrest or conviction for misdemeanors and crimes,
including the nature of the offense for which the applicant was arrested
or convicted, the date of the conviction and the place where said
conviction was obtained.
H.
The business telephone number of the applicant.
I.
A statement by the applicant that the information supplied in the
application is to induce the Town of West New York to issue the license
and that the applicant agrees to comply with all the laws and ordinances
of the State of New Jersey and the Town.
J.
Three locations, in order of preference, in which the applicant intends
to conduct his or her business. In the event of a mobile food vending
service such as ice cream, fruit or vegetables, the applicant shall
state his or her route and time of location at each block in his or
her route, along with the amount of circuits the licensee intends
to make. The applicant shall ensure at all times that the location
of its entity does not obstruct public access, public safety or effect
traffic within the Town. The license may be revoked by the Town if
location has a negative effect on public access, safety or traffic.
No license shall be issued to any vendor selling from a truck
unless a certificate is furnished to the Town showing that the vendor
is carrying the following minimum amounts of insurance: public liability
insurance in the amount of not less than $500,000 for injuries, including
those resulting in death, resulting from any one occurrence and on
account of any one accident; and property damage insurance in the
amount of not less than $25,000 for damages on account of any one
accident or occurrence. Said certificate shall contain an agreement
signed by the insurance company that, prior to modification, cancellation
or termination of the policy, written notice shall be sent to the
Township Clerk by said insurance company.
As used in this chapter, the following terms shall have the
following meanings, unless the context clearly indicates that a different
meaning is intended:
Any person engaged in the business of selling food products
from a vehicle, self-powered or otherwise, on the public and private
streets and sidewalks of the Town.
Includes individual natural persons, partnerships, joint
ventures, societies, associations, clubs, trustees, trusts, corporations
or unincorporated groups of any offices or any office's agents, employees,
factors or any kind of personal representatives thereof in any capacity,
acting either for himself or for any other person under either personal
appointment or pursuant to law.
For each truck or stand in which the licensee seeks to be permitted
in the Town, a fee of $275 shall be filed with the Health Department
at the time of the filing of the application. Each additional vehicle
or stand added by the licensee shall increase the licensee's fee by
$275.
[Added 4-19-2018 by Ord.
No. 8/18]
A.
Whenever, upon inspection, any licensee, facility or entity licensed under Chapter 254 of the Code of the Town of West New York or any licensee, facility or establishment defined in N.J.A.C. 8:24 (retail food establishments) is issued an unsatisfactory or a conditional satisfactory rating by the local health authority which requires a reinspection, a reinspection fee of $150 shall be paid directly to the local health authority.
B.
Said fee shall be paid by the owner, owners, managers, management
agency or operator of any aforementioned licensee, facility or entity
listed above directly to the local health authority within 30 business
days of notice of an unsatisfactory or conditional satisfactory rating.
