[HISTORY: Adopted by the Township Committee of the Township of Washington 2-28-2019 by Ord. No. 2019-02. Amendments noted where applicable.]
Editor's Note: This ordinance was originally adopted as Ch. 150 but was renumbered in order to preserve the alphabetical organization of the Code.
As used in this chapter, the following terms shall have the meanings indicated:
- EDIBLE GOODS
- May include, but are not limited to:
- MOBILE FOOD VENDOR
- Any business which sells edible goods from a nonstationary location within the Township. The terms shall include, but not be limited to:
- Edible goods that are not required to be kept at a temperature below 41° F. according to the Federal Food and Drug Administration and the applicable statutes and regulations of the State of New Jersey.
Permit. Every mobile food vendor shall have a permit issued by the Township to conduct business in the Township.
Application. Every mobile food vendor shall apply for a permit on a form promulgated by the Township. The form of applications shall be provided by the Township Clerk's office upon request. The application once completed shall be submitted in duplicate to the Township Clerk and the Township Zoning Officer with the application fee established in § 294-3 herein. Each vending unit requires a separate permit. Applications for permits meeting the requirements for mobile vendors shall be processed within 10 business days.
Permit form. A complete application shall require the following information from the applicant to be considered:
Name of applicant.
Legal name of business or entity.
State of incorporation or filing of a partnership or articles of association.
If applicable, copy of charter or articles of incorporation and current listing of the directors, partners, or principals.
Sales tax number with a copy of sales tax permit.
Signed permission form or provide notarized affidavit from the private property owner granting permission for unit placement.
Name, phone number and driver's license number of business owner and all employees operating within the mobile food vendor unit.
Proposed itinerary with route, vending locations and times of operation.
Contact name and phone number for mobile food vending unit while in route.
Description of products being sold.
Site plan where the mobile food vending unit will be located on the property.
Vehicle identification number and description of mobile food vending unit.
Signed affidavit with photo identification that each individual applicant:
Has no unpaid civil judgments against him or her in any state of U.S. possession which arise from a business activity which would have been covered by this section if in effect at the time in the jurisdiction where such judgments are of record.
A statement of all convictions in any state, the United States, or U.S. possession within the last 10 years.
Certification and permitting from the Burlington County Board of Health allowing the use of the mobile food vending unit.
The application fee for a mobile food vendor permit shall be $200. Each mobile food vendor unit shall be permitted separately.
Mobile food vendor permits shall be valid for one year from the date of permit issuance.
Upon renewal the applicant shall pay the renewal of $150, and update any changes in the permitting documentation upon permit renewal. The applicant must submit the application and the renewal fee within 30 days before expiration of the permit or must reapply as a new applicant.
A permit may be denied where:
An applicant is found to have an unpaid civil judgment(s) against him which relates to the duties and responsibilities of the permitted occupation which shall be determined by the nature and amount of the judgment, the relationship of the judgment to the purpose of the permit and the extent that the permit would allow someone to engage in further activity that would lead to unsatisfied civil judgments; or
An applicant has been convicted of a crime which directly relates to the duties and responsibilities of the licensed occupation which shall be determined by the nature and seriousness of the crime, the relationship of the crime to the purpose of the permit and the extent that the permit would allow someone to engage in further criminal activity; or
The required information is incomplete or incorrect or shows that a person is not otherwise entitled to conduct business as a mobile food vendor; or
The opportunity to issue a permit has been denied due to previous violations as described in this section; or
The issuance of such a permit would be contrary to the public health, safety or welfare of the citizens and visitors of the Township of Washington.
Display of permit. Every permit, including those from the Township, shall be displayed at all times in a conspicuous place where it can be read by the general public on the mobile food vendor's truck or concession trailer.
A permit may be revoked upon conviction of any offense committed by an individual operating as a mobile food vendor in the Township while engaged in the permitted business, or if a final conviction occurs or is found to have existed at the time of application, or if civil judgments, as set forth above, are placed or found of record against an applicant. A permit may be suspended in the event of pending charges of a crime, as set forth above, upon a judge's determination of probable cause in connection with such charges.
A permit may be revoked for nonconformity to the application location specifications or requirements as well as to nonconformity to an approved location plan or diagram.
Any employee working for an applicant permitted as an employer under this section above may be denied the right to solicit under such permit, or such rights may be suspended or terminated, under the same circumstances and procedures which apply to the holder of the permit. Revocation or suspension of an employer's permit terminates all employee permits.
A permit may be suspended or revoked for not complying with the requirements of this section, or any other ordinances or laws.
Failure to pay outstanding municipal fees and fines.
Revocation or suspension of the permit is necessary to protect the public health, safety and welfare of the citizens and visitors of the Township of Washington.
The notice of revocation, suspension, or denial of a permit shall include the procedure for appealing the suspension, revocation, or denial.
If a Township official revokes, suspends, or denies a mobile food vendor permit, the holder or applicant of the permit which has been revoked, suspended, or denied shall have the right of appeal to the Township Committee, or designee, by submitting an appeal in writing to the Township Clerk within 10 business days of the revocation, suspension, or denial.
Pending action on the appeal, a permit which has been revoked or suspended shall be considered revoked or suspended.
If a written appeal is not submitted within the 10 business days of revocation, suspension, or denial, or if the appeal is denied, the permit shall hence be considered revoked, suspended or denied.
In addition to any monetary penalty provided within this Chapter, if a mobile food vendor or applicant is not in compliance with this section or any other ordinance, law or the approved vendor application, the following action will be taken:
First violation. A warning may be issued, or the permit may be revoked or suspended, and the vendor may become ineligible for a new or reissued permit for 90 consecutive days.
Second violation. The permit will be revoked and the vendor may become ineligible for a new or reissued permit for 90 consecutive days.
Third violation. The permit will be revoked, and the vendor will become ineligible for a new or reissued permit for one year.
If an applicant's permit has been denied and the appeal is denied the applicant may not reapply for 90 consecutive days.
No mobile food vendor shall conduct business within any single-family residential or agricultural zoning district unless otherwise approved in writing by the Township Committee.
A mobile food vendor may not be located within 100 feet of the primary entrance of an open and operating fixed-location food service or eating establishment except during Township-sponsored or other community events; or with prior written approval from said establishment.
A mobile food vendor shall not be located within 40 feet of another mobile food vendor except during Township-sponsored or other community events.
A mobile food vendor shall not conduct sales at a stationary location:
For a duration exceeding 10 hours per location on private property and four hours on public property per day. Allowances may be granted for additional time depending on the type of activity or event.
For a duration exceeding 60 minutes on any public street or public streets adjacent to public parks and recreational facilities, next to fire lanes and no-parking designated areas.
On any public street, where the operation impedes vehicular or pedestrian traffic.
Between the hours of 10:00 p.m. and 6:00 a.m.
No more than two mobile food vendors shall be permitted to operate on one single lot. To the extent any mobile food vendor shall seek a temporary permit to operate on any single lot where two mobile food vendors have been previously permitted to operate, a special limited-time (not to exceed one week) exception may be considered by the Township Committee upon application specifically setting forth the special/extraordinary circumstances that may warrant the issuance of more than two permits to operate on any single lot.
No mobile food vendor shall be located on any private property without written permission to do so and must comply if asked to leave by the property owner or Township official. A copy of the written permission to operate in a specific location, signed by the private property owner, shall be kept within the mobile vending unit at all times.
No person shall distribute, deposit, place, throw, scatter or cast any commercial handbill.
No person shall distribute, deposit, place, throw, scatter or cast any commercial handbill upon any premises if requested by the property owner or Township official not to do so, or if there is placed near or at the entrance thereof a sign bearing the words "no advertisement."
No person shall sell or offer for sale any item upon any premises if requested by the property owner or Township official not to do so, or if there is placed at or near the entrance thereof a sign bearing the words" no peddlers or vendors," "no trespassing," or "no solicitors."
The following regulations shall apply to mobile food vendors within any zoning district:
Each unit shall be equipped with a portable trash receptacle, and shall be responsible for proper disposal of solid waste and wastewater in the sanitation facility legally accessed by the food service establishment. All disturbed areas must be cleaned following each stop to a minimum 20 feet of the sales location.
A mobile food vendor may not have a drive-through.
A mobile food vendor may be allowed to have multiple locations within a day but not exceeding 10 hours of operations per location. A list of the locations must be submitted to and approved by the Health Authority.
Continuous music or repetitive sounds shall not project from the mobile unit.
A five-foot clear space can be maintained around the mobile food vending unit.
The mobile unit will be subject to inspection upon permit application through the Code Enforcement, Health Department and the Fire Marshal, and may be subject to random inspection and upon reissuance of the permit.
Mobile food venders are responsible for complying with all statutes and regulations of the State of New Jersey, including, but not limited to, any restrictions on food or drink sales within a state park or state-owned lands.
A "No Smoking" sign must be posted next to the order window or area.
An approved portable-type ABC fire extinguisher tagged by a licensed company shall be kept accessible as directed by the Fire Marshal or designee. A portable type K fire extinguisher is also required in the kitchen for cooking operations.
A kitchen fire suppression system and kitchen ventilation system is required to be NFPA 17A and NFPA 96 compliant and shall be required when the cooking process produces grease-laden particles within the mobile unit. Said systems shall require testing in the presence of a Fire Marshal or designee.
All cooking appliances shall be UL-approved appliances.
If cooking and using propane, a gas-pressure test must be performed by a licensed plumber.
It shall be unlawful for any individual as the agent or employee of another regulated under this section to sell edible goods in the Township unless its principal or employer has received a permit under this section.
A permit issued under this section is not transferable.
It shall be unlawful for an individual to sell edible goods while displaying a valid permit issued by the Township in the name of another individual, organization, or entity.
It shall be unlawful for any individual directly or through an agent or employee to sell goods within the Township after the expiration of the permit issued by the Township under this section.
It shall be unlawful for an individual directly or through an agent or employee to misrepresent on the permit affidavit any acts that are regulated under this section.
It shall be unlawful for any individual directly or through his agents or employees to represent that the issuance of a permit by the Township constitutes the Township's endorsement or approval of the product for sale.
It shall be unlawful to operate a mobile food vendor operation that is not in compliance with the statutes or regulations of the State of New Jersey.
Any person or entity found guilty of violating any provision of this chapter shall be subject to a fine of not more than $2,000.