[HISTORY: Adopted by the Mayor and Board
of Aldermen of the Town of Dover as indicated in article histories.
Amendments noted where applicable.]
[Adopted 7-27-1970 as Art. 17, Chs. A and B, of the 1969
Revised Ordinances]
As used in this article, the following terms
shall have the meanings indicated:
Includes every person, firm or corporation, he, her, its
or their agents, servants or employees, engaged in the business of
selling, offering or exposing for sale food at retail for human consumption
either on or off the premises where sold.
Any place wherein food or drink or both are sold to be consumed
on the premises, other than a strictly private residence.
No person or persons, firm or corporation shall pursue the business or occupation of selling food or drink or both to be consumed on the premises in the Town of Dover as applied in § 199-1 until the owner or owners, lessee or lessees, proprietor or proprietors shall have first obtained from the Mayor and Board of Aldermen a license to carry on or conduct the same and paid to the Clerk of said Town a fee of $10 for such privilege.
The granting of such license shall be at the
discretion of the Mayor and Board of Aldermen, which license shall
be signed by the Mayor and Town Clerk, bearing the date of issue of
name or person or persons so licensed, purpose for which granted and
location or room or building wherein said business or occupation is
authorized to be carried on or conducted and shall not be transferable
or valid to authorize the licensee to carry on or conduct said business
or occupation in any place or location other than that set forth in
said license; the Mayor and Board of Aldermen may, for good or sufficient
reason, revoke any such license; provided however, that the licensee
or licensees shall have been given or afforded an opportunity to be
heard and permitted to show cause why such action shall not be taken.
All such rooms or places shall be kept clean
and brightly lighted at all times, day and night; and the windows
thereof shall be constructed of clean plain glass, free from curtains,
shades, screens or any obstruction whatsoever entering from the street
or the office or corridor of the building where located.
All licenses taken hereunder shall expire with
the 31st of May of each year, and any license to before the first
day of June 1924, shall be paid for prior for the time the same has
to run.
This article shall not apply to the sale of
beer, wine or other beverages which contain more than 1/2 of 1% alcohol
by weight, nor be interpreted to permit such sale.
It shall be unlawful for any food dealer in the Town of Dover as defined in § 199-1 of this article to sell or offer or expose for sale, at retail, any sealed, prepackaged, unprocessed or untreated fresh cut meat, unless the packaging thereof is colorless and transparent on all sides, exclusive of labeling, which labeling shall not occupy more than 10% of one side of said package; or which fresh cut meat or frozen meat is layered or shingled, making the entire contents of said package not wholly visible. This section shall not apply to meat commonly designed or known as "chopped meat" or "ground meat."
[Amended 5-28-1996 by Ord. No. 19-1996; 4-9-2002 by Ord. No. 11-2002]
Any person violating any of the provisions of
this article shall be subject to one or more of the following: a fine
not exceeding $1,250, a term of imprisonment not exceeding 90 days
or a period of community service not exceeding 90 days for each and
every offense and, if licensed, shall forfeit the license.
[Adopted 5-23-1995 as Ord. No. 14-1995[1] ]
[1]
Editor's Note: This ordinance also repealed
former Art. II, Mobile Retail Food Establishments, adopted 2-9-1982
as Ord. No. 1-1982.
As used in this article, the following terms
shall have the meanings indicated:
License granted a peddler or solicitor who transports prepared
food and/or foodstuffs to be prepared or cooked prior to sale and
beverages for sale in the Town of Dover, by vehicle or pushcart. The
food or beverage is to be sold to individual patrons while the vehicle
or pushcart is stopped or parked.
A motorized vehicle with the ability to serve meals, including
hot foodstuffs, sandwiches and beverages.
Includes the singular and the plural and any person, firm
or corporation, association, club, partnership, society or another
organization.
Wagons, carts, trailers, motor trucks, service dispensers
or other types of conveyance.
A.
Classes.
(1)
Licenses for itinerant restaurant shall be divided
into the following classes:
(a)
Class 1. One license per person for that area
of Town known as "The Downtown," bordered on the south by parking
lots between Morris Street and Prospect Street, on the north by McFarland
Street, on the east by Mercer Street and on the west by Prospect Street.
(b)
Class 2. One annual license per person within
the paved portion of the following public parks and/or playgrounds
of the Town: Crescent Field, Second Street Playground, Hooey Park,
King Field, Hurd Park, Steffany Park at Waterworks and Overlook Park.
The Town's Police Department shall determine where, in each park,
the licensee may be located, giving particular consideration to the
safety of the children approaching the vendor.
(c)
Class 3. One annual license per person for the
sale of frozen dairy products and frozen snacks from a motorized vehicle.
The licensee may sell in any zone, provided that no sale stops shall
be for more than 10 minutes in any residential zone and 30 minutes
in any other zone.
(d)
Class 4. One annual license per person for the
sale of snacks and meals from a lunch truck. Licensees shall not be
permitted to sell in any residential zone, and shall be limited to
sale of food on private property with the permission and invitation
of the property owner. Licensees may sell food for as long as one
hour in the morning and one hour in the afternoon of any twenty-four-hour
period.
(2)
All licenses shall be annual and expire on June 1
of each year.
B.
Licenses for itinerant restaurants shall be restricted
to the following number of licenses and selected by lottery conducted
by the Municipal Clerk as follows:
C.
Fees. The fees for all licenses shall be $100.
A.
All applicants shall pay the license fee required
and shall file with the Town Clerk a sworn written application, in
duplicate, on the forms to be furnished by the Clerk, which shall
give the following information:
(1)
The name and description of the applicant, including
date of birth, driver's license number and social security number
or tax identification number.
(2)
The permanent home address and full local address,
if any, of the applicant, and any of the applicant's employees who
may be vending. Any employee of the licensee shall be required to
submit to a background check similar in scope to the licensee. If
the applicant is a corporation, the name and address of its registered
agent.
(3)
The name and address of employer, firm or person represented,
together with credentials establishing the exact relationship.
(4)
A brief statement of the name of the business and
description of the merchandise to be sold or distributed.
(5)
If a vehicle is to be used, a description of such
vehicle and its license number.
(6)
The days of the week and the hours of the day during
which the licensed activity will be conducted.
(7)
A photograph of the applicant taken not more than
60 days immediately prior to the date of the application, which photograph
shall clearly show the head and shoulders of the applicant and shall
measure a minimum of 1 1/2 inches by 1 1/2 inches.
(8)
A statement as to whether the applicant and any employee
who will be vending, pursuant to this license, has been convicted
of any crime, misdemeanor or violation of any municipal ordinance,
other than traffic offenses, the nature of the offense and punishment
and/or penalty imposed.
(9)
Appropriate evidence as to good character and business
responsibility of the applicant and any employee vending pursuant
to the license, so that an investigator may properly evaluate the
same.
(10)
A certificate from a licensed and practicing
physician of the State of New Jersey, certifying that the applicant
and/or any employee handling food to be sold to and consumed by the
public has been examined on a certain date, within 60 days prior to
the filing of the application; and that, in the opinion of the physician,
the applicant and/or employee is of sound physical condition, not
subject to any contagious disease, illness, sickness and/or any other
infirmity which might make him/her unfit for selling, dispensing,
peddling or vending any food, drink or other consumable item.
(11)
Each applicant shall present proof that he/she
is a citizen of the United States or 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
shall be required to produce a certificate of registration from the
Director of the Division of Taxation of the New Jersey State Department
of the Treasury. Every applicant who holds a license issued under
this article during the year preceding the application shall present
proof of payment of New Jersey sales tax required pursuant to N.J.S.A.
54:32B-1 et seq.
B.
Insurance requirements.
(1)
Every licensee shall carry and maintain in force insurance
covering its operations written by an insurance company licensed to
do business in the State of New Jersey, providing the following minimum
coverage and language:
(a)
Comprehensive general liability: $500,000 (combined
single limit each occurrence).
(b)
Business automobile liability: $500,000 (each
accident), or if the license is granted to an entity that does not
own any automobiles and uses employees that would use their own automobiles
to conduct the business, then employers' nonownership automobile liability
would be acceptable for the business auto insurance requirement.
(2)
The Town and its agents and employees shall be indemnified
and held harmless from all claims and demands, losses and expenses
arising from the permission granted, and shall be named as an additional
insured.
(3)
The issuing company shall notify the Town within 10
days of the cancellation of any of the policies.
(4)
The licensee shall provide proof of paid-up insurance
coverage, and in the case of not having paid the policy for a full
year, appropriate, i.e., monthly, quarterly or semiannual, proof shall
be provided.
C.
General requirements.
(1)
No licenses issued pursuant to this article shall
be valid for vending food at any special event. Licensees hereunder
must apply for a special events vending license in order to vend at
such an event.
(2)
All licenses issued under this article shall be issued
annually on June 1. Itinerant food vendors which are already licensed
by the Town and whose licenses expire on June 1 shall have 10 days
prior to the expiration date to renew such licenses at the required
fee, until such licensees no longer desire such licenses, and shall,
upon a first-come, first-served basis, have preference for the location
at which they wish to be stationed. This right shall be forfeited
if not renewed within the ten-day period prior to expiration. If there
are more applicants for any class of license than there are licenses
authorized for that class, existing licensees who have renewed in
a timely fashion shall receive first preference and additional licenses
shall be issued in sequence from a waiting list of applicants maintained
by the Town Clerk, upon inspection and approval of any cart or vehicle
by the Division of Health.
(3)
No license issued under this article shall be assigned
or transferred.
(4)
Class 3 and 4 licenses shall be issued only to itinerant
food vendors who utilize a motor vehicle which complies with N.J.S.A.
39:1-1, et seq.
(5)
Whenever a mobile vehicle is used in the dispensation
of food, it shall comply with the following regulations:
(a)
Each itinerant mobile restaurant vehicle shall
be attended at all times by a certified food handler of the age of
18 years or over.
(b)
Each itinerant mobile restaurant vehicle in
which food handling is exposed to the outdoor elements shall contain
a dust guard enclosing the food preparation area.
(c)
Each itinerant mobile restaurant vehicle shall
contain a trash disposal receptacle.
(d)
Before leaving any location, the operator of
each itinerant mobile restaurant vehicle shall be responsible for
policing of any trash or garbage caused by the use of the itinerant
restaurant at that location.
(e)
Itinerant mobile restaurant vehicles shall not
be parked closer than 50 feet from the curbline of any intersection,
fire hydrant or crosswalk, nor shall they be parked within 1,000 feet
from any property line of any public or private school.
(f)
No holder of any itinerant mobile restaurant
license, of whatsoever class, shall dispense any foodstuff or product
to the occupant of any motor vehicle at any time said vehicle is parked,
stopped or standing within any public right-of-way.
(g)
All licenses shall be posted in a conspicuous
place on the licensed vehicle.
A.
The Health Officer is authorized and empowered to
suspend or revoke any license or permit regulated by this code, issued
to or held by any person pursuant to this article, where it is found
that the licensee is violating any health code or is handling food
in an unsanitary manner so as to be a danger to the public. It shall
be the duty of the licensee to comply with or obey such order immediately
and to conduct no further operation until permission has been granted
by the Health Officer and the Board of Health. When the Health Officer
contemplates a revocation action, he shall present the licensee with
the opportunity for a hearing. Prior to the hearing, the Health Officer
shall present written charges enunciating the reasons for the revocation
and shall notify the licensee of the place and time the hearing will
be held.
B.
Any license issued under this article may be suspended
or revoked upon notice and hearing before the Board of Aldermen. The
license may be suspended, for a period not to exceed 10 days, for
repeated failure to comply with the direction of a law enforcement
officer or a representative of the Clerk/Administrator's office, to
cease a practice which constitutes a violation of the ordinance. The
license may be revoked for the following causes: procurement of the
license by fraud, misrepresentation, false or misleading statements
in securing a peddler's license or evasion or suppression of material
facts in the application for a peddler's license; fraud, misrepresentation
or knowingly false statement in the cause of carrying out of the business
of peddling under this article; or three convictions of violations
of any sections of this article. Notice of the hearing shall be given
in writing, shall be mailed five days prior to the hearing date and
shall set forth the grounds for suspension or revocation.
No license or permit for an itinerant restaurant license pursuant to this Article II of the Code of the Town of Dover shall be issued until application has also been made to and approved by the Health Officer.
No person or operator of a mobile retail food
establishment shall be permitted to remain in any neighborhood for
a period exceeding 30 minutes during a four-hour period. This provision
shall be enforced by the Police Department.
[Added 6-9-2009 by Ord.
No. 12-2009]
No holder of any class of a mobile retail food license shall
be permitted to operate in any residential zone as shown on the Zoning
Map of the Town of Dover[1] before 8:00 a.m. in the morning and after sunset. "Sunset"
shall be defined to be the published time of sunset in Dover, New
Jersey, by the United States Naval Observatory. Special events may
be an exception as approved by the Mayor and Board of Aldermen.
[1]
Editor's Note: The Zoning Map is on file in the Town offices.
