[HISTORY: Adopted by the Township Committee of the Township
of Plainsboro as indicated in article histories. Amendments noted
where applicable.]
[Adopted 12-21-1979 by Ord. No. 0-79-20; amended in its entirety 11-10-2009 by Ord. No.
0-09-19]
A code regulating retail food establishments and fixing penalties
for violations thereof is hereby established pursuant to the New Jersey
Administrative Code, Title 8, Department of Health and Senior Services,
Chapter 24, Sanitation in Retail Food Establishments and Food and
Beverage Vending Machines, N.J.A.C. 8:24-1.1 et seq. A copy of such
code is incorporated herein by reference and made a part hereof without
inclusion of the text herein pursuant to such act.
A.
The
Plainsboro Township Health Officer shall have the authority to regulate
food-handling establishments, vending machines that dispense food
and food products and mobile food vending vehicles.
B.
No
person shall operate a retail food-handling establishment, have vending
machines on the premises that dispense food or food products, or operate
mobile food vending vehicles without first registering with the Township.
(1)
Registration shall be required by January 1 of each year and shall
be accomplished by completion of the necessary application form and
submitting annual fees to the Township Clerk as follows:
(2)
If said annual fee is not paid within 30 days of its due date of
January 31, a grace period of 10 calendar days is authorized, and
if the 10th day falls on a Saturday or Sunday, it is the Monday following
the 10th day:
[Amended 12-9-2015 by Ord. No. 0-15-13]
C.
The
Plainsboro Township Health Officer shall have the authority to make
periodic inspections of all retail food-handling establishments, establishments
containing vending machines that dispense food or food products and
mobile food vending vehicles to ensure compliance with the New Jersey
Administrative Code, Title 8, Department of Health and Senior Services,
Chapter 24, Sanitation in Retail Food Establishments and Food and
Beverage Vending Machines, N.J.A.C. 8:24-1.1 et seq.
D.
Any
violation of this section shall be subject to the penalty provisions
of the New Jersey Administrative Code, Title 8, Department of Health
and Senior Services, Chapter 24, Sanitation in Retail Food Establishments
and Food and Beverage Vending Machines, N.J.A.C. 8:24-1.1 et seq.
[Adopted 12-9-2009 by Ord. No. 0-09-23[1]]
[1]
Editor's Note: This ordinance was originally adopted as Ch.
69A but was renumbered to maintain the organization of the Code.
The purpose of this article is to protect the safety and welfare
of the Township residents, to provide for the traffic and pedestrian
safety, to prevent extended parking or trespassing on private or public
property and, in the case of mobile food vendors, to prevent violation
of the New Jersey Administrative Code, Title 8, Department of Health
and Senior Services, Chapter 24, Sanitation in Retail Food Establishments
and Food and Beverage Vending Machines, N.J.A.C. 8:24-1.1 et seq.
As used in this article, the following terms shall have the
meanings indicated:
Any person or business entity utilizing a wagon, truck, van,
trailer, bicycle, push cart or other vehicle, either self-propelled,
hand-carried or otherwise moveable from place, to sell, offer for
sale, or to give away beverages, food or any food product for human
consumption.
A.
It shall be unlawful for any mobile food vendor to engage in any
vending activity within the Township without first obtaining a license
in accordance with the provisions of this article.
B.
The license shall be displayed by the mobile food vendor at all times
and shall be available for inspection upon request.
C.
All licenses issued under this article shall expire 12 months from
the date of issue. Licenses shall not be transferable or assignable.
D.
The Clerk shall keep a record of all licenses issued and of all complaints
received concerning each mobile food vendor.
Applications for a mobile food vendor license shall be completed
and filed with the Township Clerk on the form provided by the Clerk
and shall set forth the following information:
A.
Legal name of the individual or business entity seeking the license.
B.
Permanent street address and mailing address of the applicant.
C.
A brief description of the nature of the business and the goods to
be sold.
D.
Days and hours of operation.
E.
Written permission from the owner(s) of the property on which the
applicant seeks to do business.
F.
A photograph showing the face, front and profile, of the applicant
and of any person who may operate the mobile food vending vehicle.
The photograph shall have been taken within 60 days of the submission
of the application and shall be of a minimum size of two inches by
two inches, and shall be affixed to the application.
G.
The names of at least two references who will certify to the applicant's
good character and business responsibility. In lieu of providing references,
evidence of good character and business responsibility of the applicant
which will enable the Chief of Police to evaluate the character and
business responsibility of the applicant. Approval or recommendation
by the Better Business Bureau or the Chamber of Commerce may be accepted
in lieu of references.
H.
A statement as to whether or not the applicant or any person who
may operate the mobile food vending vehicle has been convicted of
any crime, misdemeanor or violation of any municipal ordinance other
than a traffic violation, the nature of the offense and the punishment
or penalty assessed. The applicant shall submit a detailed explanation
of mitigating factors that should be considered by the Chief of Police
in evaluating the application. This may include statements of rehabilitation,
reference letters and any other information deemed relevant.
I.
Description and vehicle license number of the mobile food vending
vehicle.
J.
The applicant shall provide a copy of the valid driver's license
for any person who may operate the mobile food vending vehicle.
A fee of $150 shall be paid by the applicant upon submission
of the application to the Township Clerk, except as may otherwise
be provided by law.
Upon receipt of an application, the original shall be referred
to the Chief of Police who shall cause an investigation of the applicant's
business and moral character to be made as he or she deems necessary
for the protection of the public welfare. No license shall be issued
until the application has been approved by the Chief of Police.
A.
If, as a result of such investigation, the character and business
responsibility of the applicant is found to be satisfactory, the Chief
of Police shall approve the application and return it to the Township
Clerk who shall execute and deliver the license to the applicant.
B.
If, as a result of such investigation, the applicant's character
or business responsibility is found to be unsatisfactory, the Chief
of Police shall set forth his/her reasons for disapproval and return
the application to the Township Clerk, who shall notify the applicant
that the application for a license has been denied.
Licenses may be revoked by the Police Department, after reasonable
notice and hearing, for any violation of state statute, regulation
or municipal ordinance or for fraud, misrepresentation, false statements
in the application or in connection with the mobile food vending activities.
Notice of hearing for revocation of a license shall be given in writing,
setting forth the grounds of complaint and the time and place of the
hearing. Such notice shall be served personally upon the licensee
or mailed to the licensee at addresses given by the licensee on the
application at least five days prior to the date set for the hearing.
Any person aggrieved by reason of the denial of an application
or revocation of a license shall have the right of appeal to the Township
Committee. Such appeal shall be taken by filing with the Township
Committee, within 14 days after notice of the action complained of
has been mailed to the applicant/licensee's last known address, a
written statement setting forth fully the grounds for a hearing on
such appeal. Notice of such hearing shall be served personally upon
the licensee or mailed to the licensee at addresses given by the licensee
on the application at least five days prior to the date set for the
hearing. The decision and order of the Township Committee on such
appeal shall be final and conclusive.
All mobile food vendors shall comply with all laws, rules and regulations regarding food handling, and all vehicles, equipment, and devices used for the handling, storage, transportation and/or sale of food shall comply with Township Ordinance Chapter 69 entitled, "Food-Handling Establishments; Vending Machines; Mobile Food Vendors."[1]
A.
The equipment used in the vending of food and beverages shall be
inspected upon application for a license and receive a certificate
of inspection upon compliance with all applicable Township ordinances
and state statutes.
B.
Mobile food vendors shall be required to comply with all applicable
requirements of the New Jersey Administrative Code, Title 8 Department
of Health and Senior Services, Chapter 24, Sanitation in Retail Food
Establishments and Food and Beverage Vending Machines, N.J.A.C. 8:24-1.1
et seq. A copy of such code is incorporated herein by reference and
made a part hereof without inclusion of the text herein pursuant to
such act.
C.
Every vending unit shall be constructed of such acceptable material
as to enable it to be readily cleaned to prevent food contamination
during cooking, serving, display or storage.
D.
Food-contact surfaces of vending units shall be provided with close-fitting
covers to protect food products from dust, dirt and splash.
E.
Vending vehicles shall be cleaned daily in accordance with New Jersey
Administrative Code, Title 8, Department of Health and Senior Services,
Chapter 24, Sanitation in Retail Food Establishments and Food and
Beverage Vending Machines, N.J.A.C. 8:24-1.1 et seq., or more often
as deemed necessary. All such cleaning is prohibited in public places.
F.
Waste water from any discharge shall be disposed of in a sanitary
manner and shall not create a nuisance.
All mobile vendors licensed under this article shall conform
to the following standards:
A.
Mobile food vendors shall be permitted to operate Monday through
Sunday between the hours of 7:00 a.m. through 10:00 p.m.
B.
Geographical restrictions. Mobile food vendors shall not:
(1)
Operate within 400 feet of public or private school grounds during
the hours of regular school session, classes, or school-related events
in said public or private school, except when authorized by said school.
(2)
Operate within 300 feet of a public park or Township property except
as approved by the Township Administrator or designee.
(3)
Stop or stand within any right-of-way or within 50 feet of any intersection.
(4)
Stop or stand on any arterial street during peak traffic hours, generally
between 7:30 a.m. to 9:00 a.m. and 4:00 p.m. to 6:30 p.m., Monday
through Friday.
(5)
Operate the mobile food vending vehicle in such a manner as to impede
the normal usage of the streets located within the municipality. No
mobile food vendor shall operate on any street located within the
municipality unless there exists sufficient adjacent parking for customers,
so as not to endanger the safety of customers and so that traffic
is not impacted.
C.
No mobile food vendor shall conduct business so as to violate any
ordinances of the Township, including those regulating traffic and
rights-of-way.
D.
No mobile food vendor shall obstruct or cause to be obstructed the
passage of a sidewalk, street, avenue, alley or any other public place
by causing people to congregate at or near the place where food is
being sold or offered for sale.
E.
No customer shall be served on the street side of the mobile unit.
All service must be on the curb side when the mobile unit is on or
abutting a public street.
F.
All mobile food vendors shall provide garbage and recycling receptacles
for customer use.
G.
No mobile food vendor shall set up, maintain or permit the use of
any table, crate, carton, rack or other device to increase the selling
or display capacity of the vehicle.
H.
No mobile food vendor shall call out, use or operate any bell, loudspeaker,
public address system, sound amplifier or similar device to attract
the attention of the public.
I.
Mobile food vendors must be actively engaged in vending activities
at all times. If inactivity occurs for more than 30 minutes, then
vendors shall be required to cease vending activities at that location
except where the mobile food vendor is operating at community-sponsored
events in public parks and schools.
J.
At the conclusion of vending activities at a given location, the
mobile food vendor shall clean all the public way surrounding his
or her vehicle of all debris, trash and litter generated by the vendor's
business activities.
K.
All equipment installed and utensils used in any part of the mobile
vending unit shall be secured in order to prevent movement during
transit and prevent detachment in the event of a collision or overturn.
L.
All mobile food vendors preparing food by cooking, frying or other
means shall be equipped with at least one (2A-20-BC) fire extinguisher.
A.
Proof of an insurance policy issued by an insurance company licensed
to do business in the State of New Jersey, protecting from all claims
for damage to property and bodily injury, including death, which may
arise from operations under or in connection with the mobile food
vendor selling from a truck or other motor vehicle, evidencing the
following minimum amounts of coverage:
B.
The Township shall be named as an additional insured on the insurance
policy.
C.
Cancellation, termination or expiration of the policy shall subject
the licensee to suspension or revocation of the license.
D.
If the insurance coverage is changed to a different provider, proof
of insurance shall be provided within 60 days of the change.
