[Adopted 7-27-1970 as Art. 17, Chs. A and B, of the 1969
Revised Ordinances]
As used in this article, the following terms
shall have the meanings indicated:
FOOD DEALER
Includes every person, firm or corporation, he, her, its
or their agents, servants or employees, engaged in the business of
selling, offering or exposing for sale food at retail for human consumption
either on or off the premises where sold.
PUBLIC PLACE
Any place wherein food or drink or both are sold to be consumed
on the premises, other than a strictly private residence.
No person or persons, firm or corporation shall pursue the business or occupation of selling food or drink or both to be consumed on the premises in the Town of Dover as applied in §
199-1 until the owner or owners, lessee or lessees, proprietor or proprietors shall have first obtained from the Mayor and Board of Aldermen a license to carry on or conduct the same and paid to the Clerk of said Town a fee of $10 for such privilege.
The granting of such license shall be at the
discretion of the Mayor and Board of Aldermen, which license shall
be signed by the Mayor and Town Clerk, bearing the date of issue of
name or person or persons so licensed, purpose for which granted and
location or room or building wherein said business or occupation is
authorized to be carried on or conducted and shall not be transferable
or valid to authorize the licensee to carry on or conduct said business
or occupation in any place or location other than that set forth in
said license; the Mayor and Board of Aldermen may, for good or sufficient
reason, revoke any such license; provided however, that the licensee
or licensees shall have been given or afforded an opportunity to be
heard and permitted to show cause why such action shall not be taken.
All such rooms or places shall be kept clean
and brightly lighted at all times, day and night; and the windows
thereof shall be constructed of clean plain glass, free from curtains,
shades, screens or any obstruction whatsoever entering from the street
or the office or corridor of the building where located.
All licenses taken hereunder shall expire with
the 31st of May of each year, and any license to before the first
day of June 1924, shall be paid for prior for the time the same has
to run.
This article shall not apply to the sale of
beer, wine or other beverages which contain more than 1/2 of 1% alcohol
by weight, nor be interpreted to permit such sale.
It shall be unlawful for any food dealer in the Town of Dover as defined in §
199-1 of this article to sell or offer or expose for sale, at retail, any sealed, prepackaged, unprocessed or untreated fresh cut meat, unless the packaging thereof is colorless and transparent on all sides, exclusive of labeling, which labeling shall not occupy more than 10% of one side of said package; or which fresh cut meat or frozen meat is layered or shingled, making the entire contents of said package not wholly visible. This section shall not apply to meat commonly designed or known as "chopped meat" or "ground meat."
[Amended 5-28-1996 by Ord. No. 19-1996; 4-9-2002 by Ord. No. 11-2002]
Any person violating any of the provisions of
this article shall be subject to one or more of the following: a fine
not exceeding $1,250, a term of imprisonment not exceeding 90 days
or a period of community service not exceeding 90 days for each and
every offense and, if licensed, shall forfeit the license.
[Adopted 5-23-1995 as Ord. No. 14-1995 ]
As used in this article, the following terms
shall have the meanings indicated:
ITINERANT RESTAURANT LICENSES
License granted a peddler or solicitor who transports prepared
food and/or foodstuffs to be prepared or cooked prior to sale and
beverages for sale in the Town of Dover, by vehicle or pushcart. The
food or beverage is to be sold to individual patrons while the vehicle
or pushcart is stopped or parked.
LUNCH TRUCK
A motorized vehicle with the ability to serve meals, including
hot foodstuffs, sandwiches and beverages.
PERSON
Includes the singular and the plural and any person, firm
or corporation, association, club, partnership, society or another
organization.
VEHICLES
Wagons, carts, trailers, motor trucks, service dispensers
or other types of conveyance.
No license or permit for an itinerant restaurant license pursuant to this Article
II of the Code of the Town of Dover shall be issued until application has also been made to and approved by the Health Officer.
No person or operator of a mobile retail food
establishment shall be permitted to remain in any neighborhood for
a period exceeding 30 minutes during a four-hour period. This provision
shall be enforced by the Police Department.
[Added 6-9-2009 by Ord.
No. 12-2009]
No holder of any class of a mobile retail food license shall
be permitted to operate in any residential zone as shown on the Zoning
Map of the Town of Dover before 8:00 a.m. in the morning and after sunset. "Sunset"
shall be defined to be the published time of sunset in Dover, New
Jersey, by the United States Naval Observatory. Special events may
be an exception as approved by the Mayor and Board of Aldermen.