[Adopted 4-28-2011 by Ord. No. 14-11]
As used in this article, the following terms shall have the meanings indicated:
ITINERANT MOBILE RETAIL FOOD ESTABLISHMENT
Any movable restaurant, truck, van, trailer, cart, bicycle, watercraft, 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 as described in § 243-20 below.
No person shall prepare, sell, expose for sale or dispense any ice cream, ice cream products, water ices, frozen water products or any food cooked or uncooked, or any drinks or beverages for immediate consumption on any street, sidewalk, road, alley, vacant lot, school yard, church yard or outside areas in any of the Township's parks and recreational areas from an itinerant mobile retail food vendor unless such person complies in full with the permit and licensing requirements described in this article and as set forth in Chapter 318 of the Code of the Township entitled "Retail Food-Handling Establishments."
All mobile retail itinerant food vendors, and those specifically catering to children, shall be subject to the requirement of being fingerprinted and a criminal background check performed by the Police Department specifically to identify any proclivity by a prospective vendor to endanger a child.
No person shall be issued an itinerant retail mobile food vendor permit by the Health Department pursuant to the Health Department's regulations as set forth in Chapter 318 of the Township's Code until the Chief of Police has first reviewed the criminal background check and determined that a prospective vendor does not have anything in his/her background that would indicate an inclination or tendency to molest or endanger children. The Chief of Police shall notify the Township's Health Department in writing that an itinerant mobile retail food vendor has been approved to obtain a permit.
No permit issued by the Health Department to an itinerant mobile retail food vendor shall be transferable.
Any permit issued by the Health Department to a mobile retail food vendor may be revoked by the Chief of Police if, subsequent to the issuance of the permit, additional information comes to the attention of the Police Department which would indicate that the vendor could pose a threat to the health, safety and welfare of children.
This article shall be enforced by the Police Department.
Any person, operator, firm or corporation violating any of the provisions of this article shall be subject to a fine not exceeding $1,000 or to imprisonment for a term not exceeding 90 days or both. Each and every violation of this article, or each and every day that a violation continues, shall be construed as a separate and distinct violation hereof. The Police Department is specifically designated as the enforcement officers to serve and execute process for violations of this article.