[HISTORY: Adopted by the Mayor and Council of the Borough
of Cresskill 3-16-2022 by Ord. No. 22-05-1587.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance was adopted as Ch. 141, but
was renumbered to maintain the organization of the Code.
The purposes of this chapter are to properly control mobile
food vendors to prevent and discourage undesirable business practices;
to help protect the public from fraud; and to promote the health,
safety, and welfare of the residents of the Borough of Cresskill.
As used in this chapter, the following terms shall have the
meanings indicated:
Includes all vehicles and carts from which food, foodstuffs,
and/or beverages are offered for retail sale or delivery to buyers,
consumers or other persons on the public sidewalks, streets, to their
premises, and county roads. This chapter does not permit the sale
or delivery of CBD products, alcoholic beverages, or cannabis in any
form, which will only be permitted pursuant to state licensing.
For purposes of this chapter, a "mobile food vendor" is anyone
who sells nonprepackaged and prepackaged food or beverages and prepackaged
food or beverages from a nonpermanent location to the public at large,
whether such food or beverages are prepared on site or purchased at
approved locations and transported to the site of the sale This includes,
but is not limited to, anyone who sells such food or beverages from
a vehicle, whether motorized or nonmotorized, such as a truck, van,
trailer, or pushcart.
Any movable restaurant mobile 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 locations. "Mobile retail
food establishments" does not include trucks, vans, trailers, carts,
bicycles or other movable units used solely to deliver food from a
stationary location and vehicle transfer, such as Uber Eats® Grubhub®, DoorDash®, et al.
As defined under New Jersey motor vehicle laws, any vehicle
propelled or drawn by mechanical or electrical equipment, such as,
but not limited to, passenger cars, trucks, truck trailers, semitrailers,
campers, motorcycles, minibikes, go-carts, snowmobiles, amphibious
craft on land, dune buggies or racing vehicles.
An individual, partnership, corporation, trust, joint venture,
association, society, church, congregation or other organization.
The act of selling, holding out for sale, exchange, transfer,
advertising or delivery.
A.
No activity, as defined in this chapter, shall be conducted in the
Borough of Cresskill except in compliance with the provisions of this
chapter. It shall be unlawful for any person of whatever nature to
conduct the activities defined herein unless he/she has been issued
a license pursuant to this chapter. The number of licenses shall be
established by the Council by resolution.
B.
The Borough Administrator is granted wide discretion in approving
licenses with the goal of insuring diversity of product in their distribution.
Preference shall be given to Cresskill residents. The Borough Administrator
shall have absolute discretion in approving applications.
A.
Application for such license shall be made in writing on a form to
be provided by the Borough of Cresskill. It shall require that the
applicant and every employee shall provide two photographs taken within
30 days of the application of a size approximately 2 1/2 inches
by 2 1/2 inches having a light background clearly showing a frontal
view of the applicant's face and his employee's face, one
of which is to be attached or posted to the application.
B.
Such application for license shall require that the applicant give
the following information concerning himself or itself:
(1)
Name.
(2)
Specific address for the past five years.
(3)
Date and place of birth and citizenship.
(4)
Arrests or convictions at any time of any crime, or for disorderly
conduct, or of violations of any municipal ordinance or regulation.
(5)
Names and addresses of employers for the last five years and respective
date of employment.
(6)
Proposed origin of the food to be sold.
(7)
Description of all items to be sold.
A.
Each applicant and licensee shall, prior to each year, between October
31 and January 1, reapply for the license by personally appearing
at the Borough Health Department to recertify to the information contained
in such person's application. Where an applicant fails to appear
and recertify, such person's name shall be removed from the lists
of pending applications.
B.
All mobile food vendors are required to obtain an annual mobile food
vendor license from the Bergen County Department of Health, along
with any other approvals required by this chapter, or any other provision
of the Borough ordinances, before commencing the sale of any food
or beverage within the Borough of Cresskill. All issued licenses are
for specified dates as permitted in this chapter.
Applications shall be made to and licenses issued by the Borough
Administrator of the Borough of Cresskill or his/her designee shall
be made after investigation by the Borough of Cresskill Police Department.
A.
Applicants and any additional drivers shall be fingerprinted at their
own expense.
B.
Applicants shall supply their social security number and a certified
motor vehicle abstract, and valid driver's license.
C.
Applicants shall provide a certified certificate of disposition for
any criminal or quasicriminal matters that an applicant may have.
D.
Each applicant shall present proof that he or she is a citizen of
the United States or a legal resident eligible to hold gainful employment
in the United States.
E.
Both the applicant and any additional driver/operator must have a
valid food handler/food manager certificate prior to the issuance
of a license pursuant to this chapter.
F.
A description of the vehicle to be used, if a motor vehicle or vehicular
trailer is to be used, including:
(1)
The name and address of the owner of the vehicle as registered with
the Director of the Division of Motor Vehicles;
(2)
A description of the vehicle, giving the name of the manufacturer,
serial number and any other insignia appearing thereon;
(3)
Proof of liability insurance for the vehicle in the amount of $200,000
or greater.
A.
Each license issued by the Borough Administrator or his/her designee
shall set forth the specific food and beverage authorized to be sold,
the name of each employee or agent and the expiration date of the
license.
B.
No person shall engage in any activity, except those permitted under
the license and at the locations specified therein. Upon granting
of the license hereinabove mentioned, each licensee shall be required
to prominently display said license on the vehicle employed to transact
his business, in addition to a sign, in letters of at least two inches
in length, printed clearly and distinctly with the name of the licensee.
C.
No license may be transferred from one person or entity to another,
and each person or entity must be licensed individually and separately.
Every licensee shall be subject to the supervision of the Borough
of Cresskill and its designated agencies in all provisions of this
chapter.
A.
No licensee shall park a vehicle overnight on any location within
the Borough of Cresskill. If the licensee parks a vehicle overnight
on private property for the purpose of continuing the business each
day at the same location, then such licensee shall comply with all
regulations, rules, statutes, and ordinances pertaining to permanent
retail food establishments.
B.
No licensee shall have a permanent location within or upon a public
road or right-of-way by reason of prior use.
C.
The Borough Administrator, in conjunction with the Department of
Recreation, shall designate and assign the parking location from which
the mobile food vending service will be conducted for each licensee,
on designated food truck event days.
Every licensee shall be subject to the supervision of the Borough
of Cresskill and its designated agencies in all provisions of this
chapter, as well as the rules and regulations promulgated hereby,
and all orders and regulations promulgated by the Borough shall be
enforced by such person or persons as the Borough, by resolution or
ordinance, may designate from time to time or who, by New Jersey statute,
may have the duty to so regulate.
In addition to requirements herein set forth, the following
regulations must be complied with by all mobile food vendors:
A.
Due to the nature, location and variety of conditions surrounding
the operation of such establishments, it is frequently not possible
to provide certain physical facilities required for permanent establishments.
In order to assure adequate protection of food served by temporary
establishments, mobile establishments and agricultural markets which
are unable to meet fully the requirements of these regulations, it
may be necessary to restrict the types of food sold or the methods
by which served, to modify some requirements for procedures and facilities
and to impose additional requirements.
B.
The preparation of potentially hazardous foods, such as cream-filled
pastries, custards and similar products and meat, poultry and fish
in the form of salads, sushi or sandwiches, shall be prohibited, provided
that this prohibition shall not apply to hamburgers, frankfurters
and other food which, prior to service, requires only limited preparation,
such as seasoning and cooking; and provided, however, that potentially
hazardous food which is obtained in individual servings is stored
in approved facilities which maintain such food at safe temperatures,
below 41° F., and/or above 135° F., and is served directly
in the individual, original container in which it was packaged at
an approved food-processing establishment, may be distributed or sold.
C.
Ice which will be consumed or which will come into contact with food
shall be contained from a source, meeting standards approved by law
in chipped, crushed or cubed form. Such ice shall be obtained in single
service, closed, protected containers satisfactory to the department
or health authority and shall be held therein until used.
D.
Wet storage of packed food and beverages shall be prohibited, provided
that wet storage of pressurized containers of beverages may be permitted
when:
E.
Food contact surfaces of food preparation equipment such as grills,
stoves and worktables shall be protected from contamination by dust,
customers, insects or any other source. Where necessary, effective
shields shall be provided.
F.
Equipment shall be installed in such a manner that the establishment
can be kept clean and food will not become contaminated.
G.
An adequate supply of water for cleaning and handwashing shall be
maintained in the truck, and auxiliary heating facilities, capable
of producing an ample supply of hot water for such purposes, shall
be provided.
H.
Liquid waste which is not discharged into a sewerage system shall
be disposed of in such a manner as not to create a public health hazard
or nuisance condition.
I.
Adequate facilities shall be provided for employee handwashing. Such
facilities may consist of a pan, sink, water, soap and individual
paper towels. Handwashing facilities shall be provided for employee
handwashing for mobile retail food service establishments where food
products are directly handled and fabricated.
J.
Floors shall be of tight-sealed wood or other cleanable material,
provided that the department or health authority may accept dirt or
gravel-covered floors when graded to preclude the accumulation of
liquids and covered with removable, cleanable, wooden platforms or
duckboards.
K.
Walls and ceilings shall be so constructed as to minimize the entrance
of flies and dust. Temporary construction may be accepted. Ceilings
may be of sealed wood, canvas or other materials which protect the
interior of the establishment from the elements, and walls may be
of such materials or of sixteen-mesh screening or equivalent. When
flies are prevalent, counter service openings shall either be equipped
with self-closing, flytight doors or the opening shall be so limited
that the fans employed will effectively prevent the entrance of flies.
L.
Any other requirement deemed necessary by the health authority to
protect the public health in view of the particular nature of the
food service operation shall be met.
A.
Any person, firm, corporation, partnership or other entity violating
any provisions of this chapter or any rules and regulations promulgated
by the Borough pursuant hereto shall be punished by one or more of
the following: a fine not less than $500 nor more than $2,000; imprisonment
for a term not exceeding 90 days; and/or a period of community service
not exceeding 90 days, in the discretion of the judge before whom
such conviction shall be heard. Each and every violation and nonconformance
with this chapter on each day that any provision of this chapter shall
have been violated shall be construed as a separate and distinct violation
hereof.
B.
If an unsanitary condition exists or if the Health Official has reasonable
cause to suspect that any food truck or any employee thereof is or
may be a source of foodborne infection, the Health Official is authorized
to require the immediate closure of the food establishment until the
unsanitary condition has been eliminated and/or cause the immediate
exclusion of the employee from the food establishment until the employee
no longer poses a threat of foodborne infection.
C.
In addition to the penalties set forth herein, if any person operating
a food vending vehicle violates any provisions of this chapter, or
the applicable provisions of Title 8, Chapter 24, of the New Jersey
State Administrative Code, the vehicle shall be deemed a public safety
hazard. Accordingly, in the instance of such violation, the vehicle
in question may be impounded (and, in the instance of an unlicensed
operator, shall be impounded) by either the Cresskill Police Department
or the Cresskill Board of Health with police assistance. In the event
that any such vehicle is impounded, the vehicle or truck may be redeemed
by the licensed person upon payment of the cost of impounding and
the storage charges established by the Borough of Cresskill. The said
storage charge and cost of impounding shall be the same as are established
for the impounding of motor vehicles.
No license issued under this chapter shall be transferable from
one person to another.
A.
The daily fee for the license for all food vending vehicles, including
but not limited to those selling prepackaged (or wrapped) foods, such
as but not limited to soft drinks, snacks, which are packaged (wrapped),
manufactured or processed at an approved licensed facility (outside
of such establishments), shall be increased annually by resolution,
payable to the Borough of Cresskill before the issuance of a license.
The Borough shall issue no more than 12 licenses per year for licensees
authorized to transact business only on food vendor truck days. The
daily fee per license shall be $300.
B.
Food vendor truck days shall be scheduled annually by the Department
of Recreation and may be amended as required by the Council or Department
of Recreation.
A.
The license issued shall not authorize any person, except the person
designated therein, to engage in business thereunder. The license
shall not be transferable from person to person. A separate background
investigation shall be conducted for each food handler and every agent
or representative working for the licensee.
B.
Licenses issued under this chapter shall be valid only for the term
of the day of the event.
All products offered for sale must comply with regulations under
N.J.A.C. Title 8, Chapter 24.
In addition to the penalty prescribed herein, any license issued
under this chapter may be revoked by the Borough for the violation
of any provision hereof upon notice and hearing. A license may be
suspended for a period of up to one year. No part of the license fee
shall be returned upon revocation or suspension of the license.
