Definitions

Peddler (includes food peddler) shall mean any person commonly referred to either as a peddler or hawker, who goes from place to place or from house to house by traveling on the streets and carries with him goods, wares and merchandise for the purpose of selling or delivering them to consumers or any person who has goods, wares and merchandise of any description sent from place to place or from place to place or from house to house by traveling on the streets for the purpose of selling and delivering goods to consumers.

shall mean and refer to a peddler of frozen desserts and special frozen dietary foods.

A state driver’s license or official i.d. issued from the State Department of Motor Vehicles are the two forms of i.d. accepted under this category.

Each applicant for a peddler’s license shall present proof that he or she is a citizen of the United States or a work authorization card issued by Homeland Security (Immigration Customs Enforcement) as proof that he/she is a person satisfying all requirements of the Immigration and Naturalization Laws, or other applicable law, for holding gainful employment in the United States.

Each applicant is required to have a warrant check done by the Newark Police Department, License Unit at 22 Franklin St. 1st Fl. Between the hours of 8:30 a.m. and 1:30 p.m. The warrant check is done free of charge.

Each applicant shall be required to produce a certificate of registration from the Director of the Division of Taxation of the New Jersey Department of the Treasury at 124 Halsey St., 2nd Fl., Newark, N.J.

Each applicant who wishes to use a cart/mobile food truck to peddle food must have that cart/mobile food truck inspected by the Fire Inspector to ensure that all safety requirements are met, including, but not limited to having a fire extinguisher on the cart. See attached fire permit application.

Each applicant who wishes to peddle food or ice cream must obtain a satisfactory sanitary inspection report (Health Certificate) from the Department of Health. All mobile food peddlers must provide water at their units for the purpose of hand washing (runoff of water onto the street is prohibited). This is in addition to antimicrobial hand soaps. Mobile food peddlers must use gloves and/or tongs to handle food. Gloves and tongs are to remain clean and sanitary at all times. Clean outer clothing and hair restraints must be worn to prevent contamination of food, equipment, utensils, linens, and single-service and single use articles. Mobile food units are to remain clean and sanitary at all times. Homemade beverages are prohibited. This inspection is provided free of charge.

Any applicant who wishes to peddle food or ice cream must obtain a food handler’s certificate from the Health Officer. The certificate is obtained by successfully completing the food handler’s course administered by the Department of Health. To enroll in the course, please call 973-733-7570 to register for classes in English or Spanish. The class is a $20.00 fee. Any person desiring a license under the Food Handler’s ordinance can also obtain his/her certificate online: https://www.servsafe.com/ as evidence of his/her suitability for handling food products (13:4-75 R.O. 1966 § 12:4-75; Ord. 6PSF-E, 8-6-14).

Each application for a food or ice cream peddler’s license must be accompanied by a certificate form a licensed and practicing physician of the State of New Jersey, certifying that the applicant has been examined on a certain date, within sixty (60) days prior to the filing of the application; and that, in his/her opinion, the applicant is of sound physique, not subject to any contagious disease, illness, sickness and/or any other infirmity of body or mind which might make him/her unfit for the safe selling, dispensing, peddling, vending of any food, drink or other consumable item. Any official Physicians stamp is required in addition to physician’s signature.

Each applicant who wishes to use a peddler’s cart wagon, motor vehicle or other vehicle must have it inspected by a City Inspection Officer to ensure that it is in compliance with all applicable codes. Two (2) forms of government identification with at least one showing the applicant’s current address, current vehicle registration and vehicle insurance cards must also be available for inspection.

Each worker under the primary licensee. All must be in attendance during the inspection process.

Application Requirement

Requirements Valid State I.D. Valid Tax I.D. Card Proof Of Citizenship Warranty Check S.B.I. Report N.J. Business Registration Certificate
General Merchandise
Food Cart
Ice Cream Cart
Motorized Food Truck
Ice Cream Truck
Requirements Fire Permit Health Certificate Food Handler's Certificate Motorized Vehicle Insurance Card Motorized Vehicle Registration Card Physician' Scert Code Enforcement Approval
General Merchandise
Food Cart
Ice Cream Cart
Motorized Food Truck
Ice Cream Truck
Annual License Fee Regular 62 & Over Veteran Additional Peddler Replacement Fee
General Merchandise $250.00 $100.00 No Fee NA $25.00
Food Cart $250.00 $100.00 No Fee NA $25.00
Ice Cream Cart $150.00/Cart NA No Fee NA $25.00
Motorized Food Truck $500.00 $100.00 No Fee NA $25.00
Ice Cream Truck $500.00 NA No Fee NA $25.00

* Must come with license procured from the county clerk’s office (NJSA 45:24-10).

** The license fee shall be payable by money order, upon presentation of the application and shall be returned less the sum of ten ($10) dollars in the event such license is not granted.

Upon the issue of the license, the Division of Tax Abatement and Special Taxes shall furnish the licensee with a plate (that will be affixed by the City) and/or badge bearing a number corresponding to the number of the license and the year in which it was granted. If a vehicle is used in the conduct of his/her business the City shall attach the plate to the appropriate part of the vehicle. If no vehicle is being used the licensee shall expose his/her badge to the public view, by wearing the same upon some conspicuous place upon his/her person.

Guidelines For General Peddlers

  • Engage in the business of peddling unless his cart is mounted on at least two (2) wheels, which wheels are of a diameter of not less than eight (8) inches.
  • Station, place set up or maintain his cart or allow it to remain on any sidewalk if to do so would place him closer than thirty (30) feet to any other peddler who is selling on the sidewalk if not separated by a public street.Station, place set up or maintain his cart on the sidewalk or allow it to remain there except at the curb line for the purpose of selling goods, wares or merchandise there from.
  • Station, place, set up or maintain his cart or allow it to remain on any sidewalk in such a way as would (1) substantially restrict, obstruct, interfere with or impede the pedestrian’s right of way’ (2) substantially restrict, obstruct, interfere with or impede the ingress or egress from the abutting property’ (3) create or become a nuisance; (4) increase traffic congestion, cause or increase traffic delay or hazards’ (5) cause, create or constitute a danger to life, health or property’ and (6) sell food, drinks, ice cream or confections of any kind for immediate consumption unless he has available for public use his own litter receptacle which shall be clearly marked and maintained for his patronage use. No peddler shall leave any location without first picking up, removing and disposing of any trash or refuse remaining from sales made by him.
  • Use a cart the dimensions of which exceed two (2) feet in width, four (4) feet in length and four (4) feet in height including wheel height, while conducting business on any sidewalk.
    • Use any cart which fully loaded with merchandise, cannot be easily moved and maintained under control by the licensee
    • Use, set up, attach, place or permit the use of any table, crate, carton, rack device or structure of any kind to increase the selling or display capacity of his cart.
    • Leave any cart unattended at any time or store, place or lease the same overnight on any sidewalk or public way of the City. Engage in the business of selling between 9:00 p.m. and 7:00 a.m.
    • Station, place set up or maintain his cart or his goods, wares or merchandise, or allow them to remain on any part of the sidewalk for sale or display or be sold if to do so would place the sidewalks, except for stands licensed to sell newspapers or stands licensed pursuant to Section 8:11-1 et seq. of the Revised General Ordinances as market places.
    • Station, place, set up or maintain his cart or his goods, wares or merchandise, or allow them to remain on any part of the sidewalk for sale or display or be sold if to do so would place the seller or his goods, wares or merchandise closer than ten (10) feet from intersecting streets or sidewalks, except for stands licensed to sell newspapers or stands licensed pursuant to Section 8:11-1 et seq. of the Revised General Ordinances as market places.
    • Station, place set up or maintain his cart or allow it to remain on any sidewalk if to do so would reduce the unobstructed pedestrian right of way to less than six (6) feet. The Department of Engineering may by regulation change the width of pedestrian right of way space required, as circumstances required.
    • Engage in the business of peddling within ten (10) feet of any location where the curb has been depressed to facilitate pedestrian or vehicle movement.
    • Engage in the business of selling at any location without giving a written receipt to each customer or engage in the business of selling at any location without maintaining on his person or on the art or vehicle receipts showing the sales made during the preceding week. The receipts shall show clearly the seller’s name, business address, license number, a description of the merchandise sold, and the purchase price and shall be sequentially numbered.
    • Engage in the business of peddling on any sidewalk or along any street within sixty (60) feet of a bus stop sign except as set forth below. Between the hours of 8:00 a.m. and 9:00 a.m., and between the hours of 4:00 p.m. and 5:30 p.m., on Broad Street between Green Street and New Street and on Market Street between Washington Street and East Raymond Plaza, no peddler shall engage in the business of peddling within one hundred eighty (180) feet of a bust stop sign.
    • Engage in the business of peddling on any sidewalk or along any street within fifteen (15) feet of any fire hydrant, crosswalk or driveway.
    • Station, place, set up or maintain his cart or goods at any location between the curb line and an entrance way to any building, store, theatre, library, school, museum, movie house, sports arena or other place of public assembly. For purposes of this section “entrance way” shall include a door providing ingress and egress to such places and any recessed area in the vicinity of the door.
    • Place a vehicle or cart or conduct a general peddling business at a location in the street where stopping, standing or parking is prohibited, or being a time period when stopping, standing or parking is restricted.
    • Violate any traffic parking law, ordinance or regulation, or operation in such a manner as to restrict the continued maintenance of a clear passageway for vehicles.
    • Engage in the business of peddling without prominently displaying on his cart his certificate of registration from the Director of the Division of Taxation of the New Jersey State Department of Treasury.

Additional Guidelines For Food/Ice Cream Peddlers

  • The license issued shall not authorize any person, except the designated person named in the license, to engage in business their under, and shall not be transferable form the person to whom issued to any other person.
    • The licensed truck/cart must coincide with the designated licensee.
  • A separate license must be obtained by an ice cream peddler and every agent or representative working for him/her.
    • A separate license must be obtained per operated vehicle.
    • A separate license must be obtained for each merchandise peddler and every agent/representative working for him/her.
    • A separate license must be obtained for each food truck/cart peddler and every agent/representative working for him/her.
  • All frozen desserts and special frozen dietary foods shall be sold only in sealed containers except as otherwise permitted by the provisions listed below.
  • The filling of individual containers with frozen desserts or special frozen dietary foods in or from any automobile, truck or other movable vehicle form the street, highway or other public place is hereby prohibited unless the vehicle shall conform with the following requirements:
    • The vehicle shall be of sound construction. That part containing the products, preferably of an acceptable metal, shall be entirely enclosed and kept in a sanitary condition both inside and outside at all times. 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 over-crowding. Floors, walls and ceilings thereof shall be constructed of an acceptable impervious material. The fibers shall be properly drained. The truck shall be provided with adequate light and ventilation.
    • Adequate refrigerated storage facilities shall be provided for ice cream mix or any finished products. Freezers, to be approved by the Division of Health, shall be of sanitary construction and capable of being kept clean and sterilized. Freezers shall be constructed of stainless steel.
    • Double wash trays of an adequate size to wash the largest movable piece of equipment shall be provided. The sinks shall be provided with hot and cold running water, hot water to be of a temperature not less than one hundred seventy (170 o F) degrees Fahrenheit. The sinks shall be properly drained to a septic tank on the truck.
    • The truck shall be equipped with a hand wash basin equipped with hot and cold running water. Soap and a single service toweling shall be provided.
    • Dispensing windows shall be of sliding construction, properly screened or glassed.
    • The unit shall be provided with proper disposal cans for consumer use.
    • All utensils used in the dispensing of the products shall be of a single service type.
    • No other food products shall be prepared or sold from the truck except frozen desserts or special frozen dietary foods. All edible products used in the manufacture shall be from sources approved by the City.
    • 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.

Application Checklist

  • VALID DRIVER’S LICENSE OR STATE MOTOR VEHICLE I.D. CARD
  • PROOF OF CITIZENSHIP OR WORK AUTHORIZATION CARD ISSUED BY HOMELAND SECURITY (IMMIGRATION CUSTOMS ENFORCEMENT)
  • NPD WARRANT CHECK
  • N.J. BUSINESS REGISTRATION CERTIFICATE (TAX I.D. NUMBER)
  • PROOF OF SALES TAX PAYMENT (FOR RENEWALS ONLY)
  • FIRE PERMIT (FOOD OR ICE CREAM APPLICANTS ONLY)
  • HEALTH CERTIFICATE (FOOD OR ICE CREAM APPLICANTS ONLY)
  • FOOD HANDLER’S CERTIFICATE (FOOD OR ICE CREAM APPLICANTS ONLY)
  • PHYSICIAN’S CERTIFICATE (FOOD OR ICE CREAM APPLICANTS ONLY) STAMP AND SIGNATURE REQUIRED
  • CODE ENFORCEMENT APPROVAL
  • VALID MOTORIZED VEHICLE/TRAILER REGISTRATION CARD
  • VALID MOTORIZED VEHICLE/TRAILER INSURANCE CARD
  • ALL REPRESENTATIVES WORKING ON THE LICENSED TRUCK/CART MUST BE PRESENT FOR APRIL INSPECTION
  • 8 * 10 PICTURE OF EACH VENDOR STANDING NEXT TO CART/TRUCK/TRAILER (MANDATORY – APPLICATION WILL NOT BE ACCEPTED WITHOUT THE PICTURE)
  • SIGNATURE ON GUIDELINES ON PG. 10 (MANDATORY – APPLICATION WILL NOT BE ACCEPTED WITHOUT THE SIGNATURE)

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