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Borough of South River, NJ
Middlesex County
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Table of Contents
Table of Contents
Code
New Laws (14) Index
[Added by the Mayor and Council 12-14-2009 by Ord. No. 2009-48]
[Amended 3-23-2015 by Ord. No. 2015-6]
As used in this article, the following terms shall have the meanings indicated:
MOBILE RETAIL FOOD ESTABLISHMENT
A vehicle, normally a van, truck, towed trailer or pushcart, from which food and beverages are sold.
MOBILE RETAIL FOOD ESTABLISHMENT ONE-DAY EVENT PERMIT
A twenty-four-hour permit provided to any mobile retail food establishment, which services are made available to the public in a stationary location in connection with an event held within the Borough.
MOBILE RETAIL FOOD ESTABLISHMENT SALES EMPLOYEE
Any employee who works in or with the mobile retail food establishment from which services are available to the general public and who has direct contact with the general public providing the aforementioned services.
OPERATOR
Any person who operates a mobile retail food establishment, which services are made available to the general public.
OWNER
Any person, firm or corporation which owns a mobile retail food establishment.
It shall be unlawful for any person, firm or corporation to conduct, engage in or carry on a mobile retail food establishment within the Borough of South River, New Jersey, without having first complied with the provisions of this article and obtained a license therefor as herein provided.
[Amended 3-23-2015 by Ord. No. 2015-6]
A. 
Applications for all licenses and permits required by this article shall be made in writing to the Borough Clerk. Each application shall contain the following information in the suggested format and include the application and permit fees required by § 363-25 hereinafter:
(1) 
The name under which business is to be conducted;
(2) 
The name of the applicant/owner. If a corporation, give the names and addresses of the president and secretary. If a partnership, give the names and addresses of all partners;
(3) 
The name and address of all operators and mobile food establishment employees as defined in § 363-11;
(4) 
The present residence address and the address of the business, if different;
(5) 
The location or route within the Borough where the business is to be conducted;
(6) 
The addresses and municipalities in which the business has operated for the past five years;
(7) 
The nature of the business;
(8) 
The residence of the applicant during the past five years (if an individual);
(9) 
Whether the applicant has ever had a license to conduct the business herein described denied or revoked, except as noted;
(10) 
The business telephone number of the applicant;
(11) 
The name and address of the attorney, if applicable;
(12) 
The name and the address of the registered agent if the applicant is a corporation or limited-liability company; and
(13) 
New Jersey motor vehicle registration plate number of the vehicle sought to be licensed.
(14) 
A certification that the applicant makes the statements above to induce the Borough of South River to issue the license herein applied for and agrees to comply with all laws and ordinances of the Borough and State of new Jersey applicable to the subject matter thereof.
B. 
All owners, operators and mobile retail food establishment sales employees, as defined in § 363-11, shall obtain a criminal background check at a private agency approved by the Borough and shall submit the same. The results of the criminal background check shall be forwarded by the approved agency directly to the Borough Clerk. The cost of the criminal background check shall be borne by the applicant. All operators shall also obtain a driver's abstract and shall submit the same to the Borough if the mobile retail establishment is considered a motor vehicle. All mobile retail food establishment one-day event permits, as defined in § 363-11, are exempt from this requirement.
(1) 
For the duration of the license, the owner has a continuing duty to provide the Borough with criminal background checks and driver's abstracts for any new operators and mobile retail food sales establishment employees engaged or hired after the issuance of this license.
(2) 
The Borough must individually approve, pursuant to § 363-17, each new operator and mobile retail food sales establishment employee prior to the employee operating or selling within the Borough.
Whenever in this article a license is required for the conduct of a business or establishment or for doing business or engaging in any activity or occupation, any person or corporation shall be subject to these requirements if, by himself/herself or through an agent, employee or partner, he/she holds himself/herself forth as being engaged in the business or occupation or solicits patronage therefor, actively or passively, or performs or attempts to perform any part of such business or occupation in the Borough of South River, New Jersey.
Forms for all licenses and permits, and applications therefor, shall be prepared and kept on file by the Borough Clerk.
Each license or permit issued shall bear the signature of the Borough Clerk in the absence of any provision to the contrary.
[Amended 3-23-2015 by Ord. No. 2015-6]
A. 
Upon receipt of an application for a license or permit, the Borough Clerk shall refer such application to the following departments for the purpose of making an investigation or inspection, and said departments shall make a report thereon, favorably or otherwise, within seven business days after receiving the application or a copy thereof:
(1) 
Health Department (with respect to such licenses in connection with the care and handling of food and the prevention of nuisances and spread of disease and the requirements of this article).
(2) 
Zoning Officer (to determine solely whether the proposed business conforms to the zone in which the property is located and the requirements of this article). All mobile retail food establishment one-day event permits, as defined in § 363-11, are exempt from this requirement.
(3) 
Fire Prevention Department (to determine whether or not the vehicle to be utilized under the requirements of this article complies with the fire safety codes and the requirements of this article).
B. 
Upon receipt of the criminal background check and driver's abstract, the Borough Clerk shall forward the complete application, including the background investigation, to be reviewed by the Chief of Police, who shall cause such investigation of the criminal background and business and moral character to be made as they deem necessary for the protection of the public good. Said investigation, prior to the issuance of a license hereunder, shall be mandatory. If the result of said investigation is that the application is satisfactory, same shall be approved by the Chief of Police. If, as a result of such investigation, the applicant's background reveals a prior history involving crimes of moral turpitude within the past 10 years or if the operator's driving records, character or business responsibility is found to be unsatisfactory, the application may be recommended to be denied. If the application is recommended to be denied, the reasons for said denial must be indicated in writing by the Chief. All mobile retail food establishment one-day event permits, as defined in § 363-11, are exempt from this requirement.
C. 
In the event that any department's investigation or inspection indicates some unfavorable comment, that department shall set forth specifically the facts for such comment in writing.
Within five business days of receipt of the investigations or inspections as set forth, the Borough Clerk shall issue a written approval or denial of the license. An approval shall be issued if all investigations or inspections are favorable. In the event that any investigation or inspection is not favorable, the Borough Clerk shall issue a denial of such application and forward a copy of the report or reports denying the license. The written denial and accompanying reports shall be forwarded via certified mail, return receipt requested, to the applicant within the five-business-day time period.
A. 
In the event that a license is denied by the Borough Clerk, the applicant shall have 10 days from receipt of the denial to file an appeal of said decision directly with the Borough Council. The applicant must file the appeal by forwarding a written notice to the Borough Clerk advising that the applicant wishes to appeal the denial of the license and setting forth the specific reasons for the appeal and attaching copies of any and all reports produced by the investigations and inspections upon which the denial was issued.
B. 
The Borough Council shall have 45 days from receipt of the appeal to review the same and determine whether said applicant is entitled to receive a license.
A. 
In the absence of provisions to the contrary, all fees and charges for licenses or permits shall be paid in advance at the time application therefor is made to the Borough Clerk. Except as otherwise provided, all license fees shall be deposited in the general Borough treasury upon approval of an application by the Borough Clerk.
B. 
Where the licensee seeks a license for more than one mobile retail food establishment, said licensee shall be required to pay that fee which would be charged for each such establishment.
[Amended 3-23-2015 by Ord. No. 2015-6]
A. 
The fees for licenses for mobile retail food establishments shall be effective for the period January 1 to December 31 of any given year or for any part thereof and shall be renewed annually.
B. 
All licenses shall terminate when the licensee ceases to operate within the Borough of South River.
C. 
All mobile retail food establishment one-day event permits, as defined in § 363-11, shall terminate as provided in the permit; however, no one-day permit shall be effective for more than 24 hours.
[Amended 3-23-2015 by Ord. No. 2015-6]
A. 
The location of any licensed mobile retail food establishment may be changed, or a license may be transferred to another cart or vehicle, provided that 10 days' notice thereof is given to the Borough Clerk, approval is granted by the governing body, the requirements of all Borough ordinances are complied with and payment of a license transfer fee is made in accordance with this article and Chapter 155 of this Code.
B. 
This provision shall not be applicable to mobile retail food establishment one-day event permits, as defined in § 363-11. The mobile retail food establishment licensed under a one-day event permit shall remain stationary in the location provided for in the original application while serving the public and shall not change its location to serve the public in any other location within the Borough.
A. 
The Board of Health shall have the right to revoke any license whenever the holder thereof or any of the licensee's agents or servants violate any provision of this article, the laws of the State of New Jersey or any rules or regulations promulgated as herein provided.
B. 
Prior to the revocation of a license, a notice of the contemplated action of the Board of Health shall be served upon said licensee, setting forth such charges as may be the reason for said proposed revocation and the place, date and hour when the Board of Health will hear the matter. The licensee may be represented by counsel at such hearing. Such notice shall also contain a brief statement of the grounds to be relied upon for revoking, canceling, or suspending such license. Notice may be given either by personal delivery thereof to the person to be notified or by depositing said notice in the United States Post Office in a sealed envelope, postage prepaid, addressed to such person to be notified at the business address appearing upon said license.
C. 
At the hearing before the Board of Health, the person aggrieved shall have the opportunity to answer and may thereafter be heard, and upon due consideration and deliberation by the Board of Health, the complaint may be dismissed. If the Board of Health concludes that the charges have been sustained and substantiated, it may revoke, cancel or suspend the license held by the licensee.
[Amended 3-23-2015 by Ord. No. 2015-6]
A. 
Licenses issued under this article shall be posted at the mobile establishment in a conspicuous place. Said license shall remain posted for the duration of the licensing year when issued and so long as the licensed business is in operation.
B. 
A Borough-issued decal shall be displayed in a conspicuous place on the outside of the mobile retail establishment. If the establishment is a motor vehicle, the decal shall be placed on the rear of the vehicle. Said decal shall remain posted for the duration of the licensing year and so long as the licensed business is in operation. This section is inapplicable to all one-day event mobile retail food establishment permits as defined in § 363-11.
The license fees to be paid, as hereinbefore provided, to the Borough of South River for conducting or engaging in business, trades or activities at the place designated in the license certificate shall be as provided in Chapter 155, Fees.
The fees herein imposed for mobile retail food establishment licenses are not revenue-producing in nature, but said fees are used primarily in an attempt to cover the cost of inspections of such businesses and to ensure compliance with the laws of the state and the ordinances of this municipality. It is the legislative intent of this article to ensure that all businesses licensed under this article and wheresoever located in this Borough shall be inspected periodically to ensure compliance with the laws as aforesaid. In certain instances, there are those businesses which warrant police surveillance and inspection or attract unusual amounts of vehicular traffic, necessitating additional regulation and enforcement. The fees herein set forth provide a reasonable relationship to the costs of the regulation of these businesses and the administration of this article.
The proper enforcement of the provisions of this article dealing with mobile retail food establishment licenses shall be within the jurisdiction of the Health Officer and the Police Department of the Borough, as well as within the jurisdiction of those officers charged with inspections and regulations of such establishments.
A. 
Vendors dispensing food and beverages from mobile retail food establishments shall comply with the inspection provisions and standards of the ordinances of the Borough. The equipment used in such vending of food and beverages shall be inspected upon application for registration and shall receive a certificate of inspection upon compliance with all applicable Borough ordinances, as well as state statutes and codes. Each food and beverage vending unit shall be inspected at least twice a year.
B. 
In addition to any other health and sanitation requirements, the following regulations must be followed:
(1) 
All vending units shall be stored in an enclosed area when not in use. The area shall have an impervious floor and shall have adequate floor drains to allow for cleaning and washing of the vending unit.
(2) 
The location of the food storage, food preparation and vehicle or cart storage shall be subject to the applicable provisions of the New Jersey State Sanitary Code, N.J.A.C. 8:21 through 8:24.
(3) 
All food product storage and preparation areas shall be separated from any cart storage or non-food-preparation-related operations. In the event that the mobile cart base is the same as an individual's residence, the commercial food storage and preparation shall be separate from the residential portion of the premises.
(4) 
Public safety requirements. No vending unit or vehicle shall park or be located within a public right-of-way or sight triangle area (except for a vehicle such as an ice cream truck that continually travels in or through the Borough making only intermittent stops) unless approval for such a location shall be granted by the Mayor and Borough Council.
C. 
Safety requirements for vending units. All vending units, whether in motor vehicles or not, in or from which food is prepared or sold shall comply with the following requirements:
(1) 
All equipment installed in any part of the vending unit shall be secured in order to prevent movement during transit and prevent detachment in the event of a collision or overturn.
(2) 
All utensils shall be stored in order to prevent their being hurled about in the event of a sudden stop, collision or overturn. A safety knife holder shall be provided to avoid loose storage of knives.
(3) 
Compressors, auxiliary engines, generators, batteries, battery chargers, gas-fueled water heaters and similar equipment shall be installed so as to be accessible only from the outside of the units.
In the event any person feels aggrieved by an action or nonaction of a municipal official in the implementation of this article, said action or nonaction may be appealed to the Business Administrator in writing within 10 days of said action or nonaction. Upon request of said appeal, the Business Administrator shall, upon proper notice, conduct a hearing and make such determination as he deems appropriate.
A. 
Where it is determined that a violation of this article exists, an appropriate summons shall be given to the violator involved or shall be affixed to the vending unit if he/she is not present. Upon the issuance of the summons, all vending must cease until the alleged violation has been adjudicated.
B. 
In the event of any violation, a vending unit may be subject to towing pursuant to an order of any court of competent jurisdiction.
Any person violating any of the provisions of this article shall, upon conviction in Municipal Court, be punished by a fine not exceeding $2,000 or by imprisonment not exceeding 90 days, or both. Vendors who do not comply with the lawful directions of the Borough's law enforcement officers may have their vending units confiscated upon order of a court of competent jurisdiction. Every day that a violation of this article exists shall constitute a separate offense. For the purposes of this article, the person committing the violation, the vendor utilizing the unit where the violation occurred and the owner of the vending unit, in the event any or all of them are not the same, shall be individually, severally, jointly or in the alternative liable and shall be construed as the person(s) violating the provisions of this article.