[HISTORY: Adopted by the Township Council
of the Township of Parsippany-Troy Hills 10-28-1986 by Ord. No. 86:72
as Sec. 25-3 of the 1986 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Outdoor eating establishments — See Ch. 275.
[Amended by Ord. No. 2001:35; 5-13-2008 by Ord. No. 2008:12]
Pursuant to N.J.S.A. 40:49-5.1 and N.J.S.A.
26:3-69.2, the Township hereby adopts by reference Chapter 24 of the
New Jersey State Sanitary Code, entitled "Sanitation in Retail Food
Establishments and Food and Beverage Vending Machines," as amended,
which is currently codified at N.J.A.C. 8:24-1.1 et seq. As required
by law, three copies of Sanitation in Retail Food Establishments and
Food and Beverage Vending Machines are on file in the office of the
Township Clerk and three copies are on file in the Health Department
for the use and examination of the public.
[Amended by Ord. No. 90:56; Ord. No. 95:8; Ord. No. 98:10; Ord. No. 2001:35; 4-28-2009 by Ord. No. 2009:17; 5-15-2012 by Ord. No. 2012:18]
A.
No person shall operate a retail food-handling establishment unless
a license or renewal of an existing license to operate same has been
issued by the Health Officer. Such license or renewal of an existing
license shall be posted in a conspicuous place in such establishment.
B.
Applications for new licenses and for renewal of such licenses shall be submitted, together with the required fee, prior to June 30 of each year. The licenses issued or renewed shall expire annually on June 30, with the exception of temporary food licenses. Outdoor eating establishments are subject to the provisions of Chapter 275.
C.
The fees for a retail food establishment license, with the exception of Subsection I below, shall be assessed on the basis of the total square footage of the establishment, including storage, preparation areas, indoor and outdoor dining, according to the following schedule:
[Amended 3-19-2019 by Ord. No. 2019:06]
|
Establishment
(square feet)
|
Fee
| |
|---|---|---|
|
0 to 1,000
|
$200
| |
|
1,001 to 2,000
|
$300
| |
|
2,001 to 3,000
|
$400
| |
|
3,001 to 4,000
|
$500
| |
|
4,001 to 5,000
|
$600
| |
|
5,001 to 10,000
|
$700
| |
|
10,001 to 20,000
|
$800
| |
|
20,001 to 30,000
|
$900
| |
|
30,001 to 40,000
|
$1,000
| |
|
40,001 to 50,000
|
$1,200
| |
|
50,001 to 75,000
|
$1,300
| |
|
75,001 to 100,000
|
$1,400
| |
|
Over 100,000
|
2,000
|
D.
In addition to the fees set forth in Subsection C above, an additional fee of $50 per service shall be charged when the establishment also contains any of the following on site:
E.
Re-inspection fee (following conditional satisfactory rating or other
Division of Health related issue): no fee.
F.
Subsequent re-inspection: $500.
G.
Late application (received after June 30), additional fee: $100.
H.
Fees for a retail food establishment serving only prepackaged, potentially
nonhazardous foods with no food preparation on site shall be assessed
on the basis of the total square footage of the portion of the establishment
dedicated to such products, including storage areas, shall be as follows:
[Amended 3-19-2019 by Ord. No. 2019:06]
|
Establishment
(square feet)
|
Fee
| |
|---|---|---|
|
0 to 2,500
|
$250
| |
|
Over 2,500
|
$500
|
I.
Miscellaneous establishments:
[Amended 5-24-2016 by Ord. No. 2016:10; 3-19-2019 by Ord. No. 2019:06]
(1)
Itinerant restaurants.
(a)
Class 1 itinerant restaurants, as defined in § 180-3C(1), shall be charged a nonrefundable license fee of $500, which shall accompany the application.
[Added 5-24-2016 by Ord.
No. 2016:10]
A.
For purposes of this chapter, the following terms shall have the
meanings indicated:
- ITINERANT RESTAURANT
- Any temporary establishment, motorized vehicle, or pushcart with food and/or food stuffs, either pre-prepared or packaged, or to be prepared or cooked prior to sale, including hot food stuffs, sandwiches, and beverages for sale to buyers, consumers or other persons on private property or public streets.
B.
License required. It shall be unlawful for any temporary establishment,
motorized vehicle, or pushcart that transports prepared food and/or
food stuffs to be prepared or cooked prior to sale and/or beverages,
to sell food or beverages within the Township without first obtaining
an itinerant restaurant license.
C.
Classes of licenses. Licenses for itinerant restaurants shall be
divided into the following classes:
(1)
Class 1: licenses for itinerant restaurants dealing only with prepackaged
or wrapped foods, such as but not limited to soft drinks, candy, snacks,
etc., which are packaged, wrapped, manufactured or processed outside
of such establishments.
(2)
Class 2: licenses for itinerant restaurants where food is cooked
and prepared on site, regardless of whether they also offer prepackaged
foods.
(3)
Class 3: licenses for itinerant restaurants who sell frozen dairy
products and frozen snacks.
D.
Zones of operation.
(1)
Licenses for itinerant restaurants shall be restricted to the following
zones:
(a)
Class 1. The holder of a Class 1 license may sell food and/or
beverages as specified in this section in any commercial or business
zone for as long as three hours in the forenoon and three hours in
the afternoon of any twenty-four-hour period, subject to the hours
of operation specified in this section.
(b)
Class 2. The holder of a Class 2 license may sell food and/or
beverages as specified in this section in any commercial or business
zone for as long as three hours in the forenoon and three hours in
the afternoon of any twenty-four-hour period, subject to the hours
of operation specified in this section.
(c)
Class 3. The holder of a Class 3 license may sell frozen dairy
products and frozen snacks, as specified in this section, in any zone,
provided that no sale stop shall be in excess of 10 minutes in duration
in any residential zone, nor in excess of 30 minutes in any other
zone, subject to the hours of operation specified in this section.
(2)
The limitations set forth in this subsection shall not apply to operation
by a licensee at any prescheduled party, fair, carnival, festival
or other public or private gathering that is otherwise permitted by
and operated in compliance with all applicable statutes, regulations,
ordinances, and codes.
E.
Hours of operation.
(1)
Licenses for itinerant restaurants shall be restricted to the following
hours of operation:
(a)
Class 1. The holder of a Class 1 license may operate from 8:00
a.m. through 6:00 p.m., Monday through Friday, year-round.
(b)
Class 2. The holder of a Class 2 license may operate from 8:00
a.m. through 6:00 p.m., Monday through Friday, year-round.
(c)
Class 3. The holder of a Class 3 license may operate from 11:00
a.m. through dusk, but not later than 8:00 p.m., May 14 through and
including September 16.
(2)
The limitations set forth in this subsection shall not apply to operation
by a licensee at any prescheduled party, fair, carnival, festival
or other public or private gathering that is otherwise permitted by
and operated in compliance with all applicable statutes, regulations,
ordinances, and codes.
F.
Loitering prohibited. No license holder operating from a mobile food
truck or other conveyance shall remain in one location for longer
than the hours of operation specified in this section plus a reasonable
time to set up and take down.
G.
Parking on public streets. When parked on a time regulated public street, an itinerant restaurant operator must obey all existing parking ordinances and when moving, the operator must comply with all state and motor vehicle laws. All licensees operating an itinerant restaurant must comply with the guidelines for parking of certain trucks, vehicles, and trailers pursuant to § 405-17 of the Township Code.
H.
License fee and application. All applicants shall pay the license
fee to the Township Clerk at the time of filing of the application.
All applicants in each class shall file with the Township Clerk a
sworn written application on forms to be furnished by the Township
Clerk, which shall give the following information:
(1)
The complete identity of the applicant, including full name, date
of birth, driver's license number and social security number.
(2)
The permanent home address and full local address of the applicant
and any of the applicant's employees who may be vending. The
applicant and all employees shall be required to submit to a background
check.
(3)
The full name, address and telephone number of the business under
which the applicant and his employees will be selling, and copies
of the business' articles of incorporation or certificate of
formation, New Jersey business registration certificate, and sales
tax authority certificate.
(4)
A brief statement describing the name of the business and the food
stuffs to be sold or distributed, the days of the week and hours of
the day during which the licensed activity will be conducted, and
whether the licensee will operate from a mobile food truck or conveyance,
or from a fixed location, in which case the applicant shall specify
the location and provide an approval from the Township Zoning Officer
to operate an itinerant restaurant at that location.
(5)
A description of the vehicle, its vehicle identification number,
and its license plate number.
(6)
A photograph of the applicant which clearly shows the head and shoulders
of the applicant, without any head or face covering except for prescription
eyeglasses, and shall be a minimum of 1 1/2 inches by 1 1/2
inches. The photograph shall be taken no more than 60 days immediately
prior to the date of the application.
(7)
A statement as to whether the applicant and/or any employee who will
be operating the itinerant restaurant pursuant to this license has
been convicted of any crime, including felonies, misdemeanors or violations
of any municipal ordinance, other than traffic offenses. The statement
must also include the nature of such offense and the punishment and/or
penalty imposed.
(8)
Applicable evidence regarding good character and business responsibility
of the applicant, with sufficient detail so that an investigator may
properly evaluate the same.
(9)
A certificate from a licensed and practicing physician of the State
of New Jersey, authorizing that the applicant and/or employee handling
food to be consumed by the public, has been examined within 60 days
prior to the filing of the application; and that, in the physician's
opinion, the applicant and/or employee is of sound physical condition
and not subject to any contagious disease, illness, or sickness which
might make him unfit to sell or dispense any food or drink.
(10)
Proof of citizenship of the United States or compliance with
all requirements of the Immigration and Naturalization Laws for holding
gainful employment in the United States for the applicant and each
of his employees.
(11)
Proof of insurance covering the applicant's operations
underwritten by an insurance company licensed to do business in the
State of New Jersey. The Township and its agents and employees shall
be indemnified and held harmless from any and all claims and demands,
losses, attorney's fees, and expenses arising from the permission
granted, and shall be named as an additional insured. The issuing
company shall notify the Township within 10 days of the cancellation
of any of the policies. The applicant shall provide proof of paid-up
insurance coverage, or appropriate monthly, quarterly, or semiannual
proof in the case of not having paid the policy for a full year.
I.
Investigation by the Township Police Department required for all
licensees. Each application shall be referred to the Chief of Police,
who shall cause an investigation to be made of the applicant's
business responsibility, moral character and ability to properly conduct
the licensed activity as deemed necessary by the Police Department
for the protection of the public. The investigation shall include
a criminal background check and fingerprinting, unless the applicant
has been fingerprinted in connection with the issuance of a license
by the Township within the past five years. In addition to the licensing/permit
fee, the applicant shall be responsible to pay the cost of the criminal
background check. The Police Department shall communicate its finding
in writing to the Township Clerk not more than 30 days after the Police
Department receives the results of the criminal background check based
on fingerprinting. An applicant shall be denied a license if the applicant's
criminal history record background check reveals a record of conviction
of any of the following crimes:
(1)
In New Jersey or elsewhere any crime as follows: aggravated assault,
arson, burglary, escape, extortion, homicide, kidnapping, robbery,
aggravated sexual assault, sexual assault or endangering the welfare
of a child pursuant to N.J.S.A. 2C:24-4, whether or not armed with
or having in possession any weapon enumerated in Subsection r. of
N.J.S.A. 2C:39-3, N.J.S.A. 2C:39-4 or N.J.S.A. 2C:39-9, or other than
a disorderly persons or petty disorderly persons offense for the unlawful
use, possession or sale of a controlled dangerous substance as defined
in N.J.S.A. 2C:35-2.
(2)
In any other state, territory, commonwealth or other jurisdiction of the United States, or any country in the world, as a result of a conviction in a court of competent jurisdiction, a crime which in that other jurisdiction or country is comparable to one of the crimes enumerated in Subsection I(1) of this section.
J.
Inspection by Township Health Officer required for all licenses.
Prior to the issuance of a license pursuant to this section, the Township
Health Officer shall make an inspection of the premises, mobile food
truck, or other conveyance, to ensure compliance with all applicable
health codes, as well as any other applicable statute, regulation,
ordinance, or code. Within 10 days of completing an inspection pursuant
to this section, the Township Health Officer shall issue a written
report to the Township Clerk stating whether the premises, mobile
food truck, or other conveyance can be used as an itinerant restaurant
and whether the applicant has taken all necessary steps to ensure
the public health, safety and welfare.
K.
Inspection by Township Fire Official required for Class 2 licenses.
Prior to the issuance of a Class 2 license pursuant to this section,
the Township Fire Official shall make an inspection of the premises,
mobile food truck, or other conveyance, to ensure compliance with
all applicable fire prevention codes, as well as any other applicable
statute, regulation, ordinance, or code. Within 10 days of completing
an inspection pursuant to this section, the Township Fire Official
shall issue a written report to the Township Clerk stating whether
the premises, mobile food truck, or other conveyance can be used as
an itinerant restaurant and whether the applicant has taken all necessary
steps to ensure the public health, safety and welfare.
L.
Issuance, term and renewal of licenses. Licenses pursuant to this
section shall be issued by resolution of the Township Council. All
licenses issued pursuant to this section shall have a term of one
year and shall be renewed annually by submitting the documents and
fees required for the issuance of a new license as specified in this
section.
M.
Denials, violations, suspensions, and hearings.
(1)
Denial of application. Where it is found that an applicant has failed
to comply with any requirement of this section, is found to have violated
any statute, regulation, law or code pertaining to his operation,
or is found to lack sufficient character to hold a license, or if
the investigation reveals that the applicant's character, ability
or business responsibility is unsatisfactory, or for convictions of
disorderly persons or petty disorderly persons offenses involving
moral turpitude, or if the applicant's products, services or
activities are not free from fraud, the application shall be denied
and the applicant so notified in writing by the Township Clerk.
(2)
Suspension of license. Where it is found that a licensee has violated
any health or fire code, or is engaging in any conduct which may present
a danger to the public, including noncompliance with lawful orders
of any Township official or law enforcement officer, the Township
Health Officer, Township Fire Official, or any law enforcement officer
is authorized and empowered to immediately suspend any license or
permit issued pursuant to this section and order that the licensee
cease all operations until such time as the violations are abated.
The Township Health Officer, Township Fire Official, or law enforcement
officer suspending the license shall present written charges to the
Township Clerk describing the reasons for the suspension.
(3)
Revocation of license. Where it is found that a licensee has repeatedly
violated any health or fire code, or is engaging in any conduct which
presents a clear and present danger to the public, the Township Health
Officer, Township Fire Official, or any law enforcement officer is
authorized and empowered to immediately revoke any license or permit
issued pursuant to this section and order the licensee to cease all
operations. The Township Health Officer, Township Fire Official, or
law enforcement officer revoking the license shall present written
charges to the Township Clerk describing the reasons for the revocation.
(4)
Hearings. An applicant whose application has been so denied, or a
licensee whose license has been so suspended or revoked may request
a hearing before the Township Council by submitting a written request
to the Township Clerk. Upon receipt of a written request for a hearing,
the Township Clerk shall list the hearing on the agenda Township Council's
next scheduled meeting. The decision of the Township Council shall
be final and binding.
