[Adopted 11-19-1986 by Ord. No. 71-1986[1]; amended in its entirety 11-23-1988 by Ord. No. 64-1988]
[1]
Editor's Note: This ordinance superseded former Art. II, Streets and Sidewalks, adopted 5-11-1983 by Ord. No. 15-1983.
As used in this article, the following terms shall have the meanings indicated:
AT-LARGE LOCATIONS
Locations for sidewalk vending not designated by the City and not within 150 feet of any designated locations.
[Amended 2-15-1995 by Ord. No. 12-1995]
DESIGNATED LOCATIONS
Locations for sidewalk vending designated by the City; said locations to be identified by number and being on file in the office of the City Clerk of Atlantic City.
MOTOR VEHICLE
As defined by Title 39 of New Jersey State Statutes.
VENDING UNIT
Any pushcart, wagon or any other wheeled vehicle or device which may be moved without assistance of a motor, and which is not required to be licensed and registered by the Department of Motor Vehicles, used for the displaying, storing or transporting of articles offered for sale by a vendor.
VENDOR
Any person who sells, peddles or vends any goods, wares or merchandise on the streets and sidewalks, traveling by foot, automotive vehicle or any other type of conveyance. The word "vendor" shall also include the word "peddler." Said person must possess a state vending license pursuant to N.J.S.A. 45:24-9.
No person shall engage in peddling or vending within the City of Atlantic City unless he holds and has in his possession a valid license permitting peddling or vending issued pursuant to and in accordance with provisions of Title 45, Revised Statutes of New Jersey (N.J.S.A. 45:24-9, et seq.) and shall have registered with the City of Atlantic City as hereinafter provided.
[1]
Editor's Note: Ordinance No. 56-2009, adopted 10-7-2009, provided for a fine for violation of this section of $54.
A. 
Registration of vendors. Any person having a type of license referred to in § 145-21 who desires to peddle or vend within the City of Atlantic City shall have in advance registered with said City in the following manner:
(1) 
The applicant for registration shall produce a license issued to him by a County Clerk, pursuant to Title 45, Revised Statutes of New Jersey.
(2) 
He shall complete and sign a registration form made available by the City setting forth all necessary information as required by the City for the issuance of a vendor identification badge.
(3) 
Upon satisfactory completion of the registration process and upon payment of the registration fee, there shall be issued an identification badge to the vendor. Said badge shall show the name, address and photograph of the vendor. Said badge shall be worn by the vendor in clear view of the public at all times. No vendor shall be issued more than one identification badge at any one time. At such time as the vendor ceases to vend within the City of Atlantic City or the current registration year should terminate, he must return his/her identification badge to the City.
(4) 
A registration shall be renewable each year on or before February 1.
(5) 
Each applicant shall file with the Supervisor of the Mercantile Licensing Bureau an instrument nominating and appointing the Municipal Clerk his true and lawful agent with full power and authority to acknowledge service or notice of process for and on behalf of such applicant in respect to any matters connected with or arising out of the business transacted under such permit.
(6) 
There shall be an annual registration fee of $75 per vendor.
[Amended 4-20-2016 by Ord. No. 20-2016]
(7) 
The City shall be notified of any change in business address or residence of the vendor within 30 days of notice, either in writing or in person.
(8) 
Registrations shall not be assignable nor transferable.
B. 
Registration of vending units. Any vending unit operated on the streets or sidewalks of the City of Atlantic City must be registered in advance with the City in the following manner:
(1) 
The person requesting the vending unit shall complete and sign a request form made available by the City setting forth all the necessary information as required by the City.
(2) 
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 City from all claims or damages to property and bodily injury, including death, which may arise from operations under or in connection with the vending or peddling. Such insurance shall name as an additional insured the City 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 City. The amounts of the insurance to be maintained are:
(a) 
Personal injury: $100,000 per person, $300,000 per occurrence.
(b) 
Property damage: $50,000.
(3) 
In the event that food should be vended from said vending unit, a certificate of health compliance issued by the Atlantic City Health Department shall be conspicuously displayed on the vending unit in clear view of the public. No vending unit selling food shall be permitted on the streets or sidewalks of the City of Atlantic City without such a certificate of health compliance.
(4) 
Every vending unit on the streets of Atlantic City must have a serial number. Removal and/or destruction and/or damage of any kind to said serial number will be considered alteration for criminal intent and will be confiscated. In the event that the vendor sells said unit, the new owner must present to the City a notarized receipt for sale and at that time the original owner will be taken off the master list and a new identification number will be given to the new owner. Failure to do so will result in an unauthorized vending unit.
(5) 
A registration shall be renewable each year before February 1.
(6) 
Each applicant shall file with the Supervisor of the Mercantile Licensing Bureau an instrument nominating and appointing the Municipal Clerk his true and lawful agent with full power and authority to acknowledge service or notice or process for and on behalf of such applicant in respect to any matters connected with arising out of the business transacted under such permit.
(7) 
There shall be an initial annual registration fee of $250 per unit.
[Amended 4-20-2016 by Ord. No. 20-2016]
The business of peddling or vending shall be subject to the following regulations:
A. 
Vending units, with the exception of motor vehicles, shall not be permitted to be in use and shall be off the streets and sidewalks of the City from 6:00 a.m. until 9:30 a.m. All motor vehicles that are vending shall not be permitted to be in use and shall be off the streets and sidewalks of the City from 8:30 p.m. until 8:00 a.m.
[Amended 1-8-1992 by Ord. No. 109-1991; 2-5-1992 by Ord. No. 10-1992; 8-2-1995 by Ord. No. 56-1995]
B. 
Any motor vehicle vending unit shall park only in areas where automobiles are permitted to lawfully park.
[Amended 2-5-1992 by Ord. No. 10-1992]
C. 
All vending units must be on wheels (or a table without wheels) and must be capable of being manually moved by one person.
[Amended 4-13-2011 by Ord. No. 26-2011]
D. 
There shall be no vending within 200 feet of the grounds of any school between 1/2 hour prior to the start of the school day and 1/2 hour after dismissal at the end of the school day.
E. 
There shall be no vending within 100 feet of any hospital. There shall be no vending within 200 feet of any church, synagogue or other house of worship while same is in session.
F. 
Vending units shall be permitted on the streets of Atlantic City and must be properly licensed and registered by the City. The City shall extend a preference to honorably discharged United States military veterans in the issuance of licenses and registrations to the extent there is a limitation on licenses and registrations.
[Amended 4-13-2011 by Ord. No. 26-2011; 12-20-2023 by Ord. No. 74-2023]
G. 
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 or motor vehicle.
H. 
No vendor shall leave any location without first picking up, removing or disposing of all trash or refuse remaining from the sales made by him. He shall not sweep into or deposit any accumulation of litter into any gutter, street, drain or storm sewer. Vendors must keep the immediate area surrounding his vending unit free and clear of all trash, debris and refuse while vending.
I. 
No vendor shall allow any items relating to the operation of the vending business to be placed anywhere other than in or on the vending unit.
J. 
All vending units and attachments shall be pre-manufactured, color-coordinated assemblies wherein do-it-yourself constructed, hand- or in-the-field-painted structures are not permitted. No vendor 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 unit or motor vehicle. There shall be no stacking of items to be sold upon any sidewalk or street. All materials and/or merchandise must be located solely on the vending unit. However, a vendor is not prohibited by this section from placing any crate, carton, rack or other device on the vending unit for the sole purpose of protecting his/her merchandise from the effects of wind, rain, snow debris, etc.
[Amended 4-13-2011 by Ord. No. 26-2011; 8-8-2012 by Ord. No. 52-2012]
K. 
No vendor shall solicit or conduct business with persons in motor vehicles.
L. 
No vendor shall sell anything other than such commodities described in his registration.
M. 
No vendor shall use any device which produces a loud or raucous noise or use or operate any loudspeaker, public address system, sound amplifier or similar device to attract the attention of the public.
N. 
No vendor shall have any exclusive right to any location in the public streets, nor shall be be permitted to operate in any congested area where his operation might reasonably impede the public movement, subject to § 145-24 herein.
O. 
There shall be no vending on a sidewalk where the improved sidewalk is less than 10 feet in width; or vending within 25 feet of any public entrance to a casino-hotel, hotel or motel; nor shall the vendor vend within 10 feet of any driveway or within 25 feet of any crosswalk of any intersection, state-approved taxi, bus or jitney zone, emergency exit or any loading or unloading zone.
[Amended 4-13-2011 by Ord. No. 26-2011]
P. 
No vendor shall allow his vending unit or any other item relating to the operation of the vending business to be placed against any building or other structure without the consent of the owner of said building or structure.
Q. 
No person shall peddle or vend unless he has in his possession and displayed prominently and visibly upon his or her shirt or blouse a valid identification badge.
R. 
No vendor vending from a motor vehicle shall conduct his business in such a way as would restrict or interfere with the ingress or egress of the abutting property owner or tenant or create or become a public nuisance, increase traffic congestion or delay or constitute a hazard to traffic, life or property or an obstruction to an adequate access to fire, police or sanitation vehicles. No vendor vending from a motor vehicle shall stop, stand or park his vehicle upon any street or permit it to remain there except on the roadway at the curb for the purpose of vending therefrom. No vendor vending from a motor vehicle shall stop, stand or park his vehicle on any street for the purpose of selling, or sell on any street under any circumstances during the hours when parking, stopping or standing, has been prohibited by signs or curb markings or is prohibited by statute or ordinance. No vendor vending from a motor vehicle shall remain in any one place for a period longer than necessary to make his sale after having approached or stopped for that purpose. No vendor vending from a motor vehicle shall stop, stand or park his vehicle within 50 feet of any intersection.
S. 
No vendor shall use any conveyance, device or thing whatsoever which, when fully loaded with merchandise, cannot be easily moved and maintained under manual control by the vendor.
T. 
No vendor shall stop, stand, park, place nor allow his conveyance closer than a one-hundred-fifty-foot radius from any other conveyance being used by any other vendor.
U. 
No vending unit shall be closer than 50 feet to any Boardwalk ramp.
[Amended 2-15-1995 by Ord. No. 12-1995]
V. 
There shall be established designated locations, said locations being contained on Attachment A,[1] which is incorporated herein by reference as if fully set forth. Said locations shall be indicated on a map filed in the office of the Clerk of the City of Atlantic City. There cannot be any vending within 150 feet of a designated location, except on said other designated locations or another designated location.
[Amended 2-15-1995 by Ord. No. 12-1995]
[1]
Editor's Note: Attachment A is on file in the office of the City Clerk.
W. 
(Reserved)[2]
[2]
Editor's Note: Former Subsection W, which established a maximum density limit of four vendors per square block, was deleted 2-15-1995 by Ord. No. 12-1995.
X. 
Every vending unit shall be located one foot from the sidewalk curb and shall provide a continuous space of five feet for pedestrian passage.
Y. 
Any vendor who is unable to vend on account of being legally blind or totally disabled may be assisted by his or her spouse or another vendor, which individual must be registered with the City. The blind or disabled vendor need not be present at the vending unit at all times there is vending therefrom. The assisting spouse or assisting vendor shall be required to pay the registration fee of $75 provided for in § 145-22A(6) above. Any vendor claiming to be legally blind or totally disabled shall submit such medical evidence as may be required by the City.
[Amended 12-20-2023 by Ord. No. 74-2023]
Z. 
Vendors must be actively vending and their vending unit, if any, must be in operation at all times. No sleeping or other inactivity of any kind by the vendor shall be permitted. A vendor shall be permitted to utilize a stool or folding chair with his vending unit while vending.
AA. 
Vendors shall not be permitted to drink alcoholic beverages or to utilize illegal controlled dangerous substances as defined by Title 24 of the New Jersey State Statutes[3] while vending, nor shall the vendor be permitted to have in his possession or on or about his vending unit alcoholic beverages or illegal controlled dangerous substances while vending.
[3]
Editor's Note: See N.J.S.A. 24:21-1 et seq.
BB. 
Permanent motor vehicle vending of food or "food trucks" shall be prohibited on any streets between Pacific Avenue and the ocean. Permanent food trucks are also prohibited on the Boardwalk.
[Added 8-12-2015 by Ord. No. 57-2015]
[Amended 6-3-1992 by Ord. No. 56-1992]
The City of Atlantic City shall control and supervise a rotation of sidewalk vendors throughout the designated locations. If the vendor is not listed to be on one of the designated numbered locations, the vendor may be located at any of the at-large locations. No vendor can occupy the designated location assigned to another vendor when the vendor assigned is present.
[1]
Editor's Note: Ordinance No. 56-2009, adopted 10-7-2009, provided for a fine for violation of this section of $54.
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 cart.
A. 
Vendors of food and beverages shall comply with the inspection provisions and standards of the Atlantic City Health Code ordinances. The equipment used in the vending of food and beverages shall be inspected upon application for registration and receive a certificate of inspection upon compliance with all applicable Atlantic City ordinances and state statutes. Each food and 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 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 nonfood preparation related operations. In the event that the mobile cart base is the same as an individual's residence, the commercial food storage and preparation shall be separate 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, heated 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 Atlantic City Health Department.
(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 requirements:
(a) 
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 in contact with it.
(b) 
There shall be no mixing of food and nonfood items for sale.
(c) 
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.
(d) 
Food contact surfaces of vending units shall be provided with a close-fitting lid to protect food products from dust, dirt and splash.
(e) 
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.
(f) 
The cart-cleaning process at the vending base of operation shall be segregated from food product storage, preparation, cleaning and refuse areas.
(g) 
Wastewater from any discharge shall be disposed of in a sanitary manner and shall not create a nuisance.
(h) 
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.
(i) 
All vehicles and other means of transport shall have adequate facilities and capacity to dispose of any trash or food waste products. Said vehicles shall be maintained in a clean and sanitary manner and subject to inspection by the Atlantic City Health Department.
All vending units, whether in motor vehicles or not, in or from which food is prepared or sold shall comply with the following requirements:
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.
C. 
Compressors, auxiliary engines, generators, batteries, battery charges, gas-fueled water heaters and similar equipment shall be installed so as to be accessible only from the outside of the units.
In the event any person feels aggrieved by an action or nonaction of a municipal official in the implementation of the within article, said action or nonaction may be appealed to the Business Administrator in writing within 10 days of said action or nonaction. Upon request of said appeal, the Business Administrator shall, upon proper notice, conduct a hearing and make such determination as he deems appropriate.
The vendor's license issued pursuant to and in accordance with the provisions of Title 45 of the Revised Statutes of New Jersey may be suspended or canceled by a Judge of the Municipal Court in conformity with the provisions of N.J.S.A. 45:24-13.
Where it is determined that a violation of the within article exists, there shall be an ordinance summonses given to the violator involved or affixed to the vending unit if he is not present. Upon the issuance of the summonses, all vending must cease until the alleged violation has ceased. In the event of any violation, a vending unit may be subject to towing pursuant to the order of the Municipal Court or any other court of competent jurisdiction.
The Mayor is hereby empowered to promulgate such rules and regulations as are necessary to carry out the purposes and the intent of the within article.
[Amended 11-25-2008 by Ord. No. 104-2008]
Any person violating any of the provisions of this article shall, upon conviction in Municipal Court, be punished by a fine not exceeding $2,000 or by imprisonment not exceeding 90 days, or both. Vendors who do not comply with the lawful directions of the City's law enforcement officers shall have their vending units confiscated upon order of the Court. Every day that a violation of this article exists shall constitute a separate offense. For the purposes of this article, the person committing the violation, the vendor utilizing the unit where the violation occurred and the owner of the vending unit, in the event any or all of them are not the same, shall be individually, severally, jointly or in the alternative liable and shall be construed as the person(s) violating the provisions of this article.