[Adopted 4-1-1991 as part of Ord.
No. 91-380]
As used in this article, the following terms
shall have the meanings indicated:
Any movable restaurant, truck, van, trailer, cart, bicycle
or other movable unit, including hand-carried portable containers
in or on which food or beverage is transported, stored or prepared
for retail sale or given away at temporary or permanent locations.
All mobile retail food establishments shall
comply with all provisions of Chapter XII of the New Jersey State
Sanitary Code which are applicable to its operation, provided that
the Cedar Grove Health Officer may augment such requirements when
needed to assure the service of safe food, may prohibit the sale of
certain potentially hazardous food and may modify specific requirements
for physical facilities when, in his opinion, no imminent health hazard
will result.
A.
It shall be unlawful for any person to operate a mobile
unit without first obtaining a license therefor granted and issued
in the manner hereinafter set forth in this article.
B.
No license shall be issued for a mobile unit unless
and until the number of such licenses issued and outstanding is eight
or fewer, it being the intent of this subsection that not more than
eight mobile unit licenses shall be issued and outstanding at the
same time.
[Amended 12-16-2013 by Ord. No. 13-762]
C.
The annual fee for a mobile retail food establishment
license shall be $100.
[Amended 10-7-2013 by Ord. No. 13-760]
D.
In addition, the recipient of a mobile retail food establishment license must obtain a food handler's certificate prior to the obtaining of the license obtained pursuant to this article, which food handler's certificate is to be obtained in accordance with the provisions of Article III, §§ 142-10 to 142-19, of this chapter.
A.
No person who holds a license in accordance with the
provisions of this article shall park a mobile unit upon a public
roadway or street or sidewalk for the purpose of or during the process
of soliciting sales or business or displaying food for sale.
B.
Notwithstanding the above, a mobile unit may park
upon a public roadway or street for the purpose of or during the process
of selling or to deliver food to buyers, consumers or other persons.
In such cases, no mobile unit shall remain at any location for more
than 30 minutes.
The operation of mobile units shall be prohibited
before the hour of 7:00 a.m. and after the hour of 9:00 p.m. on all
days.
All mobile retail food establishments shall
be restricted as follows:
The following exceptions to the provisions of
this article shall be permitted:
A.
This article shall not apply to mobile retail food
establishments operated by nonprofit institutions and organizations,
churches or other charitable organizations and municipal governmental
offices.
B.
Mobile units shall be permitted in public recreation
areas within the municipality upon the approval of the Township Council
and upon obtaining an additional license for this purpose and payment
of a license fee of $200.
C.
Mobile units shall be permitted on private property
with the approval of the property owner for the purpose of or during
the process of soliciting sales or business or selling food to employees
of the property owner only. In such cases, no mobile unit shall remain
at any property for more than one hour.
It is unlawful for any person to throw, drop,
discard or otherwise place litter of any nature upon any public or
private property, other than in a litter container.
A license issued pursuant to this article may
be suspended or revoked for a violation by the holder of any of the
provisions of this article or code after an opportunity for a hearing
by the Board of Health or its authorized representative.
[Amended 10-23-2006 by Ord. No. 06-656]
A.
Any person, firm or corporation who shall violate
any of the provisions of this article shall, upon conviction, be subject
to a fine not exceeding $2,000 or to imprisonment for a term not exceeding
90 days, or both such fine and imprisonment. Each day upon which such
violation shall occur shall be deemed a separate offense.
B.
In addition to any other penalty, the license may
be suspended or revoked.
