[Second Reprint]

SENATE, No. 2835

STATE OF NEW JERSEY

220th LEGISLATURE

INTRODUCED JUNE 13, 2022

 


 

Sponsored by:

Senator JEAN STANFIELD

District 8 (Atlantic, Burlington and Camden)

Senator JAMES BEACH

District 6 (Burlington and Camden)

 

 

 

 

SYNOPSIS

Extends right to hawk, peddle, and vend food items on premises of State-owned or State-leased office building.

 

CURRENT VERSION OF TEXT

As amended by the Senate on June 20, 2023.


An Act 2[prohibiting a State department or agency from completely banning food trucks or mobile food commercial vendors from State property]2 1[, designated the Arletha Atkins Act,]1 2[and supplementing Title 52 of the New Jersey Statutes] concerning hawking, peddling, and vending on certain property and amending R.S.45:24-9, R.S.45:24-9.1, and R.S.45:24-132.

 

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

2[1. Notwithstanding the provisions of any law, rule or regulation to the contrary, no State department or agency shall prohibit completely food truck or mobile food sales by a commercial entity from State property. The State department or agency shall adopt such rules or regulations as may be necessary to ensure safety, prevent the impeding of traffic or access to State buildings or facilities, limit the number of vendors, hours, and locations within the property, and select the vendors for each location.

Each State department or agency shall develop a policy that would allow for active-duty military service members, military veterans, and their dependents to be given preference in the selection and location of approved vendors, and the policy shall include, but need not be limited to, a set-aside day and space on the property specifically for approved vendors that meet the above qualifications.

Sales conducted on State property shall take place entirely on State property and shall not be permitted to evade any municipal zoning or health ordinances. This section shall not apply to any private landlord with which the State is engaged for the purposes of leasing property.]2

 

21. R.S.45:24-9 is amended to read as follows:

45:24-9. a. The following persons shall have the right to hawk, peddle and vend any goods, wares or merchandise or solicit trade within this State, by procuring a license for that purpose to be issued in the manner and under the conditions hereinafter in this article prescribed, except, however, the aforesaid right to hawk, peddle and vend any goods, wares or merchandise or solicit trade shall not extend to or include any public beach or public boardwalk:

[a.] (1) Every person who has been honorably discharged or discharged under honorable conditions from the active military service of the United States, who is a resident of this State.

[b.] (2) Every exempt member of a volunteer fire department, volunteer fire engine, hook and ladder, hose, supply company or salvage corps, of any municipality or fire district in this State, who holds an exemption certificate issued to [him] the member as an exempt member of any such department, company or corps, and who is a resident of this State.

b. Hawking, peddling and vending hereafter may be regulated by municipal ordinance on public streets and highways.

c. A person, as described in paragraph (1) of subsection a. of this section, who holds a county-issued license to hawk, peddle, and vend food items within the county shall have that right extended to include on the property or premises of any State-owned or State-leased office building in that county if that action does not unduly interfere with traffic, public safety, the conduct of State business, or a contract that is in effect on the effective date of P.L. c. (C.        ) (pending before the Legislature as this bill).2

(cf: P.L.2019, c.211, s.1)

 

22. R.S.45:24-9.1 is amended to read as follows:

45:24-9.1 No license shall be issued to any person described in [subparagraph "a" of section 45:24-9 of this title] paragraph (1) of subsection a. of R.S.45:24-9 for hawking, peddling, and vending emblems, flags, natural or artificial flowers, magazines, pamphlets, postcards or any printed matter, or any article emblematic or symbolic of, or referring to the army, navy, marine corps, or any veterans' association, unless such licensee shall have been a bona fide resident of the county wherein [he] the person resides for three months immediately preceding the issuance of such license; and any such license shall be effective only in the county wherein such licensee resides.2

(cf: R.S.45:24-9.1)

 

23. R.S.45:24-13 is amended to read as follows:

45:24-13 Any judge of the municipal court, after due notice and a hearing, shall have power to order the cancellation of any license issued under the authority of paragraph (1) of subsection a. of R.S. 45:24-9 if: a. the license has been sold or transferred by the original licensee; b. during the term of the license, the licensee has been convicted of a crime and this conviction relates adversely to the activity for which the license was granted; or c. during the term of the license, the licensee has been found guilty of violating a municipal ordinance and this violation relates adversely to the activity for which the license was granted. The judge of the municipal court shall mail the order of cancellation to the county clerk in whose county the license was granted and thereupon the county clerk shall cancel the same of record and file the order of cancellation in [his] the clerks office and send notice of such cancellation to the office of the adjutant general. Application for a new license may be made at any time after the expiration of one year from the date of the cancellation. Any licensee holding a license issued under the authority of paragraph (1) of subsection a. of R.S. 45:24-9 who shall sell or transfer such license shall be guilty of a crime of the fourth degree and punished accordingly. A "transfer" has occurred under this section if the original licensee knowingly permits someone other than [himself] the licensee to use the license to engage in the activity for which the license was granted.2

(cf: P.L.1984, c.194, s.3)

 

2[2.] 4.2 This act shall take effect 2[on the first day of the third month following enactment] immediately2.