[Added 4-17-2019 by Ord. No. 8-2019; amended 12-15-2021 by Ord. No. 46-2021]
The purpose and intent of this article is to establish regulations relative to permitting food vendors to operate and conduct business within the Township while minimizing the side effects on parking, traffic and waste disposal, among other impacts.
As used in this article, the following terms shall have the meanings indicated:
FOOD TRUCK VENDOR
Any person, whether or not a resident of the Township of Egg Harbor, who travels in a self-sustained food truck to sell food, approved by the Board of Health, to patrons and licensed in the Township.
MOBILE RETAIL MOBILIZED FOOD VENDOR
A food establishment that is located on a motorized vehicle, licensed and registered by the New Jersey Department of Motor Vehicles, where food or beverage is cooked, prepared and served for individual portion service. The maximum length of the vehicle with attachments shall not exceed 40 feet in length.
MOBILE RETAIL PREPACKAGED FOOD VENDOR
A food establishment that is located on a motorized vehicle, licensed and registered by the New Jersey Department of Motor Vehicles, where prepackaged food or beverage is served for individual portion service. The maximum length of the vehicle with attachments shall not exceed 40 feet in length.
A. 
It shall be unlawful for any person, firm or corporation to engage in the business of a food vendor within the corporate limits of the Township without first obtaining a license in conformity with the provisions of this article. In addition, the licensee must comply with state and county requirements regulating mobile retail food establishments.
B. 
Licenses are nontransferable; any change in ownership requires immediate submission of an application pursuant to § 129-22.
The annual license fee for a food vendor shall be $100 per licensing year. The license year shall be from January 1 to December 31.
A. 
All applications for a new license shall be made by the sole owner, partner or corporate officer to or through the licensing officer upon forms provided and shall be accompanied by a nonrefundable application fee of $25. Each application shall contain, at a minimum, the following along with any other information deemed necessary:
(1) 
A statement as to whether the applicant has been convicted of the violation of any municipal ordinance other than traffic offenses and, if so, the date and place of conviction, the nature of the offense and the punishment or penalty imposed.
(a) 
The Municipal Clerk shall refer the application to the Chief of Police, who shall cause to be made such investigation of the applicant as deemed necessary for the protection of the public's welfare.
(2) 
Valid registration for vehicles to be licensed, proof of insurance for vehicles to be licensed pursuant to § 129-22A(2)(a), and a copy of the applicant's valid driver's license issued by the State Department of Motor Vehicles.
(a) 
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 Township from all claims or damages to property and bodily injury, including death, which may arise from operations under or in connection with the food vendor. Such insurance shall name as an additional insured the Township and shall provide that the policy shall not terminate or be cancelled prior to the expiration date without 30 days' advance written notice to the Township. The amounts of the insurance to be maintained are: personal injury, $100,000 per person, $300,000 per occurrence; property damage, $50,000; and proof of general liability insurance providing a minimum of $1,000,000 coverage.
(3) 
Permanent and local address of the applicant.
(4) 
Submission of a firesafety permit from the Department of Fire Inspections shall be a prerequisite to applying for a food vendor license.
Except where expressly provided otherwise, all licenses shall expire on December 31 at midnight. Applications for the renewal of licenses shall be made not later than December 1 and subject to § 129-21, § 129-22A(2) and § 129-22B requirements.
A. 
No food vendor shall have an exclusive right to any location, nor shall it be permitted to operate in any congested area where its operations might impede or inconvenience the public. For the purpose of this article, the judgment of a police officer, exercised in good faith, shall be deemed conclusive as to whether the area is congested or the public impeded or inconvenienced.
B. 
A licensee shall be permitted to remain in one specific location on a public roadway or designated public park listed in § 129-24B(1), Designated public parks, for a period of three hours. Once the licensee has remained in that location for the maximum permissible time or for any less period of time, the licensee shall move to a new location which shall not be within 250 feet of their previous location. No licensee can be located within 50 feet of another licensee.
(1) 
Designated public parks: Bargaintown Park, Delilah Oaks Park, EHT Nature Reserve and Tony Canale Park.
C. 
No food vendor shall operate or be parked on any public roadways situated within any residential subdivision.
A. 
No person shall sell or offer for sale their food products upon Township roadways or any of the items listed in § 129-19 before 9:00 a.m. or after sundown. The Township Police Department shall enforce the said time provisions.
B. 
Food vendors are limited to conducting their business upon the public roadways, streets and highways of the Township where parking is legally permitted.
C. 
No food vendor shall operate within 500 feet of any permanent food establishment that has been issued a mercantile license by the Township.
D. 
No food vendor shall operate or be parked in any area where parking of motor vehicles is prohibited, restricted or regulated.
It shall be the duty of any police officer of the Township to require any person seen operating as a food vendor, and who is not known by such officer to be duly licensed, to produce their license to operate as a food vendor and to enforce the provisions of this article against any person found to be violating the same.
A. 
Residents, organizations and business owners may request the presence of Township-licensed food vendors on their property for special events. Such request shall be made to the Township Clerk as part of a special event permit. Residents, organizations and business owners granted permission for food vendors on their property shall be responsible to insure that the food vendor's vehicle is parked entirely on their property and not within the public roadway.
B. 
Nothing contained within this article shall preclude the Township from the hiring or engaging of licensed food vendors for special events in any quantity as they deem fit. The Township may at its discretion utilize public property, public recreation facilities, streets and/or sidewalks for such events.
The equipment used or employed by licensed vendors of ice cream, food, beverages, confections and other related commodities shall be maintained in a clean and sanitary manner and be subject to the inspection of the Atlantic County Board of Health or its authorized agents. Any violation found and not immediately corrected shall be grounds for revocation of the license.
A. 
The license shall be posted in a conspicuous place on the vehicle licensed under this article. In addition to the Township-issued license, the food vendor must display prominently their certificate of registration issued by the New Jersey Division of Taxation.
B. 
Cleanup and removal of litter generated by the food vendor and its patrons shall be the responsibility of the food vendor. The area to be cleaned will be a 100-foot radius of where the food vendor is parked. Collected trash must be removed by and properly disposed of by the food vendor. Disposal in public trash receptacles is an unacceptable method of disposal.
C. 
Food vendors shall provide refuse and recycling receptacles in readily accessible locations for the use of customers within 10 feet of their site. Receptacles shall be emptied as often as necessary to prevent spillage. Refuse and recycling receptacles shall be removed upon leaving the location.
D. 
All food items for sale must be approved by the Atlantic County Board of Health.
E. 
All products sold, disposed of or offered for sale under this article shall comply with all state laws and ordinances of the Township relating to food and food products.
F. 
Food vendors shall not provide for or allow and/or permit any seated dining area, including but not limited to tables, chairs, booths, barstools, and benches, but may allow stand-up counters at any location.
G. 
The Township reserves the right to temporarily displace any food vendor for emergency purposes as determined in the sole discretion of the Township Police Department.
H. 
Food vendors shall comply with all ordinances, laws and regulations relating to noise in effect by the Township, county, and/or state.
I. 
All motorized vehicles must abide by all existing traffic and parking regulations promulgated by the Township, county, and/or state.
J. 
Food truck vendor vehicles shall be solely used for the commercial use of food service and shall not contain sleeping quarters.
K. 
Grills, generators, or other items related to the motorized food truck operation shall be physically attached to the vehicle.
Violation of any provision of this article shall, upon conviction thereof, be punished by a minimum fine of $100 or a maximum of $2,000 or by imprisonment for a term not exceeding 90 days or by a period of community service not exceeding 90 days. Each and every violation shall be considered a separate violation. Any person who is convicted of violating the provisions of this article within one year of the date of a previous violation and who was fined for the previous violation may be sentenced by the court to an additional fine as a repeat offender. The additional fine imposed as a repeat offender shall not be less than the minimum or exceed the maximum fine provided herein, and it shall be calculated separately from the fine imposed for the violation of this article.
Any license or permit issued by the Township may be revoked by the Township Committee after notice and a hearing for any of the following causes:
A. 
Fraud or misrepresentation in any application for a permit or license.
B. 
Fraud, misrepresentation or other dishonesty in the conduct of the licensed activity.
C. 
A violation of any provision of this article.
D. 
Conviction of the licensee for any felony or high misdemeanor or a misdemeanor or disorderly person's offense involving moral turpitude.
E. 
Conduct of the licensed activity, whether by the licensee himself or his agents or employees, in an unlawful manner or in a manner that constitutes a breach of the peace or a menace to the public health, safety or general welfare.
Notice of a hearing for the revocation of a license or permit shall be given, in writing, by the Township Clerk. The notice shall specifically set forth the grounds upon which the proposed revocation is based and the time and place of the hearing. It shall be served by mailing a copy to the licensee at his last known address by certified mail, return receipt requested, at least five days prior to the date set for the hearing.
At the hearing the licensee shall have the right to appear and be heard, to be represented by an attorney, to present witnesses in his own behalf, to cross-examine opposing witnesses and to have a permanent record made of the proceedings at his own expense. The Township Committee shall revoke or suspend the license if it is satisfied by a preponderance of the evidence that the licensee is guilty of the acts charged.
The Township Committee may issue another license to a person whose license has been revoked or suspended as provided in this article if, after a hearing, it is satisfied by clear and convincing evidence that the acts which led to the revocation or suspension will not occur again; otherwise, no person whose license has been revoked or suspended, nor any person acting for him, directly or indirectly, shall be issued another license to carry on the same activity.