The original post was updated March 30 to address corrections.
City Council considered changes to an ordinance to regulate food trucks, carts and vehicles as restaurants and eateries expanded outdoor operations in response to pandemic-related restrictions on indoor dining.
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The legislation (O-5-21) was introduced during the governing body’s Feb. 8 meeting, held via Zoom, but was never brought up for a public hearing and vote on second reading during the March 11 meeting, and after two meetings, the ordinance effectively would die. City Council adopted the ordinance on second reading after a public hearing and final adoption during its March 11 meeting. There were no comments or questions from the public or council members. The ordinance adds would have added an article titled “Food Vehicles” to Chapter 311: Peddling, Soliciting and Vending, of the city code. However, the ordinance was never brought up for a public hearing and vote on second reading during the March 11 meeting, and after two meetings, the ordinance effectively would die.
There were some restaurants and food establishments that wanted to extend their premises, City Administrator and Revelopment Director Robert Landolfi said during a recent telephone interview. Requests had come in before the pandemic and came up again but “the pandemic brought it into sharper focus,” he said. The ordinance regulates where food trucks would be allowed to operate in addition to hours of operation.
Landolfi expects the issue to come up again after more deliberations and discussions, specifically around criteria for not granting a license. The ordinance then would have to be re-introduced.
A maximum of five licenses will be available each year for food vehicles operated by vendors that don’t have a brick-and-mortar restaurant or store, and a maximum of five licenses operated by businesses that have existing establishments. However, the city may issue additional licenses “where circumstances outside business owners’ control prevent or significantly diminish the operating ability of bricks and mortar eating establishments,” such as executive orders which limit occupations of indoor dining, as is the case during the pandemic.
The license fee for mobile food vendors would be $500 annually per vehicle, except for holders of special licenses. The initial permit application also will include administrative fees for the cost of fingerprinting ($100), annual background checks ($50) and inspection fees ($100).
Fees for special event licenses will be $50 for businesses registered with the city and based in Rahway, $25 for Rahway-based nonprofits, and $100 for all entities based outside of Rahway.
Food truck vendors would not be allowed to operate in streets where the speed limit is 30 mph or more or within 200 feet of a school.
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