[Adopted 3-15-2022 by Ord. No. 2022-2]
A.
The following fees shall apply for the rental of any portion of Waretown
Bayfront Park and Pier as follows:
(1)
Minimum fee of $200 for five hours; one-hour set up and clean up.
Any additional hours shall be $20 per hour.
B.
A nonprofit organization is not required to pay the fee to rent;
however, they are required to provide all insurance coverage.
C.
Any person or entity, other than a nonprofit organization, shall, in addition to paying the fee for the rental of the Waretown Bayfront Park and Pier, provide a security deposit in the amount of $100 for any such event or rental. Any damages sustained during the rental shall first be taken from the security deposit, and, if any damages exceed same, such additional damages shall be recovered in accordance with Subsection D of this section. If a specific individual or entity has rented the Waretown Bayfront Park and Pier on at least five prior occasions, having posted a security deposit for same each time, and in the event no such security deposit was ever utilized to pay for any damages from the person or entity, or their guests, then and in that event that person or entity shall not be required to continue to provide a security deposit after the fifth rental. However, said person or entity shall still be responsible in the event damages are sustained to the facility in accordance with Subsection D of this section.
D.
Damages. The Township will bill those residents or organizations
using the facility for any damages incurred to the building, grounds
or equipment.
All residents and nonprofit charitable organizations must make
formal application for the use thereof. Application forms are available
at the Municipal Clerk's office. All requests for use of the Waretown
Bayfront Park and Pier must be filed at least 15 days prior to date
of event. Notification of cancellation is required at least one week
prior to the affair or meeting.
Any person or group wishing to use the Waretown Bayfront Park
and Pier will be required to present a certificate of insurance showing
minimum limits of $500,000 per loss for general liability. The certificate
shall name the Township of Ocean as an additional insured and must
be received prior to receiving permission for the use of the facilities.
In addition, the individual or organization shall be required to execute
a "hold harmless" agreement which protects the Township of Ocean from
any liability which may occur during the time the facilities are being
used. A form of said hold harmless agreement is available at the Clerk's
office.
Availability of the Waretown Bayfront Park and Pier is generally
seven days a week, 8:00 a.m. to dusk.
No alcoholic beverages are permitted on the premises of the
Waretown Bayfront Park and Pier.
The Waretown Bayfront Park and Pier is closed on all holidays
for rental, except for an organization performing a community service.
A.
EDIBLE GOODS
MOBILE FOOD VENDOR
(1)
(2)
NONREFRIGERATED
Definitions. As used in § 262-34 et seq., the following terms shall have the meanings indicated:
May include, but are not limited to:
Any business which sells edible goods from a nonstationary
location at the Waretown Bayfront Park and Pier. The term shall include,
but not be limited to:
MOBILE FOOD TRUCKA self-contained motorized unit selling items defined as "edible goods."
CONCESSION TRAILERA vending unit which is pulled by a motorized unit and has no power to move on its own.
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.
A.
License required. Every mobile food vendor shall have a permit issued
by the Township to conduct business in the Township.
B.
Application. Every mobile food vendor shall apply for a permit on a form promulgated by the Township, giving the information required by § 215-2 of Chapter 215, Licensing, of the Code of the Township of Ocean. The form of application shall be provided by the Township Clerk's office upon request. Completed applications shall be submitted in duplicate to the Township Clerk and the Township Zoning Officer with the application fee established herein. Each vending unit requires a separate permit.
C.
Permit form. Every mobile food vendor shall submit an application
in writing to the Township Clerk. A complete application shall require
the following information from the applicant to be considered:
(1)
Name of applicant.
(2)
Legal name of business or entity.
(3)
State of incorporation or filing of a partnership or articles
of association.
(4)
If applicable, copy of charter or articles of incorporation
and current listing of the directors, partners, or principals.
(5)
Sales tax number, with a copy of sales tax permit.
(6)
Signed permission form or provide a notarized affidavit from
the private property owner granting permission for unit placement.
(7)
Name, phone number and driver's license number of business owner
and all employees operating within the mobile food vendor unit.
(8)
Proposed itinerary, with route, vending locations and times
of operation.
(9)
Contact name and phone number for mobile food vending unit while
en route.
(10)
Description of products being sold.
(11)
Site plan where the mobile food vending unit will be located
on the property.
(12)
Vehicle identification number and description of mobile food
vending unit.
(13)
Signed affidavit with photo identification that each individual
applicant:
(a)
Has no unpaid civil judgments against him or her in any state
or 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.
(b)
A statement of all convictions in any state, the United States,
or U.S. possession within the last 10 years.
(14)
Certification and permitting from the Ocean County Board of
Health allowing the use of the mobile food vending unit.
(15)
Any mobile food vendor wishing to use Bayfront Pier and Park
will be required to provide a certificate of insurance during the
application process with a policy limit of $500,000 per loss for general
liability. The certificate shall name the Township of Ocean as an
additional insured and must be received prior to receiving permission
for the use of the facilities. In addition, the individual or organization
shall be required to execute a "hold harmless" agreement which protects
the Township of Ocean from any liability which may occur during the
time the facilities are being used. A form of said hold harmless agreement
is available at the Clerk's office.
D.
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.
The application fee for a mobile food vendor shall be $20 per day
or $100 for a week. Each mobile food vendor unit shall be permitted
separately.
B.
Upon renewal, the applicant shall pay the renewal fee 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:
A.
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
B.
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
C.
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
D.
The opportunity to issue a permit has been denied due to previous
violations as described in this section; or
E.
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
Ocean.
A.
A permit may be revoked or suspended by the Township Administrator
for the following reasons:
(1)
Fraud or misrepresentation in any application for a permit or
license;
(2)
Fraud, misrepresentation or other dishonesty in the conduct
of the licensed activity;
(3)
A violation of any provision of this article;
(4)
Conviction of the licensee for any felony or high misdemeanor
or a misdemeanor or disorderly persons offense involving moral turpitude;
or
(5)
Conduct of the licensed activity, whether by the licensee himself/herself
or his/her agents or employees, in an unlawful manner or in a manner
that constitutes breach of the peace or menace to the public health,
safety or general welfare.
A.
No more than two mobile food vendors shall be located within 40 feet
of each other except during Township-sponsored or other community
events.
B.
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."
C.
No overnight parking of mobile food vendors shall be allowed at the
permitted location. A mobile food vendor shall leave their permitted
locations daily.
D.
A mobile food vendor shall not conduct sales at a stationary location:
(1)
For a duration exceeding 8:00 a.m. to 8:00 p.m. per location
on public property per day. Allowances may be granted for additional
time depending on the type of activity or event.
(2)
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.
(3)
On any public street where the operation impedes vehicular or
pedestrian traffic.
(4)
Outside of the hours for which the Park is open to the public.
The following regulations shall apply to mobile food vendors:
A.
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.
B.
A mobile food vendor may not have a drive-through.
C.
A mobile food vendor may be allowed to have multiple locations within
a day but not exceeding 10 hours of operation per location. A list
of the locations must be submitted to and approved by the Board of
Health.
D.
Continuous music or repetitive sounds shall not project from the
mobile unit.
E.
A five-foot clear space can be maintained around the mobile food
vending unit.
F.
The mobile unit will be subject to inspection upon permit application
through Code Enforcement and the Board of Health and may be subject
to random inspection and upon reissuance of the permit.
G.
Mobile food vendors 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.
H.
A "No Smoking" sign must be posted next to the order window or area.
I.
An approved portable-type ABC fire extinguisher tagged by a licensed
company shall be kept accessible as directed by the Chief of Police
or designee. A portable Type K fire extinguisher is also required
in the kitchen for cooking operations.
J.
A kitchen fire suppression system and kitchen ventilation system
must be NFPA 17A and NFPA 96 compliant and shall be required when
the cooking process produces grease-laden particles within the mobile
unit.
K.
All cooking appliances shall be UL-approved appliances.
L.
If cooking and using propane, a gas-pressure test must be performed
by a licensed plumber.
A.
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.
B.
A permit issued under this section is not transferable.
C.
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.
D.
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.
E.
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.
F.
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.
G.
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 § 262-34 et seq. shall be subject to a fine of not more than $1,000.
