[HISTORY: Adopted by the Township Council
of the Township of Parsippany-Troy Hills 10-28-1986 by Ord. No. 86:72
as Sec. 25-3 of the 1986 Code. Amendments noted where applicable.]
[Amended by Ord. No. 2001:35; 5-13-2008 by Ord. No. 2008:12]
Pursuant to N.J.S.A. 40:49-5.1 and N.J.S.A.
26:3-69.2, the Township hereby adopts by reference Chapter 24 of the
New Jersey State Sanitary Code, entitled "Sanitation in Retail Food
Establishments and Food and Beverage Vending Machines," as amended,
which is currently codified at N.J.A.C. 8:24-1.1 et seq. As required
by law, three copies of Sanitation in Retail Food Establishments and
Food and Beverage Vending Machines are on file in the office of the
Township Clerk and three copies are on file in the Health Department
for the use and examination of the public.
[Amended by Ord. No. 90:56; Ord. No. 95:8; Ord. No. 98:10; Ord. No. 2001:35; 4-28-2009 by Ord. No. 2009:17; 5-15-2012 by Ord. No. 2012:18]
A.
No person shall operate a retail food-handling establishment unless
a license or renewal of an existing license to operate same has been
issued by the Health Officer. Such license or renewal of an existing
license shall be posted in a conspicuous place in such establishment.
B.
Applications for new licenses and for renewal of such licenses shall be submitted, together with the required fee, prior to June 30 of each year. The licenses issued or renewed shall expire annually on June 30, with the exception of temporary food licenses. Outdoor eating establishments are subject to the provisions of Chapter 275.
C.
The fees for a retail food establishment license, with the exception of Subsection I below, shall be assessed on the basis of the total square footage of the establishment, including storage, preparation areas, indoor and outdoor dining, according to the following schedule:
[Amended 3-19-2019 by Ord. No. 2019:06]
|
Establishment
(square feet)
|
Fee
| |
|---|---|---|
|
0 to 1,000
|
$200
| |
|
1,001 to 2,000
|
$300
| |
|
2,001 to 3,000
|
$400
| |
|
3,001 to 4,000
|
$500
| |
|
4,001 to 5,000
|
$600
| |
|
5,001 to 10,000
|
$700
| |
|
10,001 to 20,000
|
$800
| |
|
20,001 to 30,000
|
$900
| |
|
30,001 to 40,000
|
$1,000
| |
|
40,001 to 50,000
|
$1,200
| |
|
50,001 to 75,000
|
$1,300
| |
|
75,001 to 100,000
|
$1,400
| |
|
Over 100,000
|
2,000
|
D.
In addition to the fees set forth in Subsection C above, an additional fee of $50 per service shall be charged when the establishment also contains any of the following on site:
E.
Re-inspection fee (following conditional satisfactory rating or other
Division of Health related issue): no fee.
F.
Subsequent re-inspection: $500.
G.
Late application (received after June 30), additional fee: $100.
H.
Fees for a retail food establishment serving only prepackaged, potentially
nonhazardous foods with no food preparation on site shall be assessed
on the basis of the total square footage of the portion of the establishment
dedicated to such products, including storage areas, shall be as follows:
[Amended 3-19-2019 by Ord. No. 2019:06]
|
Establishment
(square feet)
|
Fee
| |
|---|---|---|
|
0 to 2,500
|
$250
| |
|
Over 2,500
|
$500
|
I.
Miscellaneous establishments:
[Amended 5-24-2016 by Ord. No. 2016:10; 3-19-2019 by Ord. No. 2019:06]
(1)
Mobile food vendors. Mobile food vendors, as defined in § 180-3, shall be charged a nonrefundable license fee of $500, or $300 for mobile food vendors that sell only frozen desserts, frozen snacks or frozen confections, which shall accompany the application.
[Amended 12-19-2021 by Ord. No. 2021:26]
[Added 5-24-2016 by Ord.
No. 2016:10; amended 12-19-2021 by Ord. No. 2021:26]
A.
MOBILE FOOD VENDOR
For purposes of this chapter, the following terms shall have the
meanings indicated:
Anyone who operates an establishment that is a movable restaurant,
truck, van or other self-contained movable unit or pushcart in or
on which food or beverage is transported, stored or prepared for retail
sale or given away at temporary locations.
B.
License required. It shall be unlawful for any mobile food vendor
to sell food or beverages within the Township without first obtaining
a mobile food vending license.
C.
Exceptions and exclusions.
(1)
Notwithstanding any other provisions of this chapter to the contrary, mobile food vendors that sell only frozen desserts, frozen snacks or frozen confections may operate in residential zone districts as established in Chapter 430 of the Township Code from 11:00 a.m. through dusk, but not later than 8:00 p.m., May through September, subject to all applicable parking and traffic regulations. The vendors described herein shall otherwise be subject to all other provisions of this chapter.
(2)
Specifically excluded from the application of this chapter are vendors
at any prescheduled party, fair, carnival, festival or other public
or private gathering that is otherwise permitted by and operated in
compliance with all applicable statutes, regulations, ordinances,
and codes.
(3)
Notwithstanding any exception or exclusion set forth herein, all
mobile food vendors must comply with all applicable state and local
health and licensing ordinances and regulations and are required to
obtain all permits and approvals from agencies having jurisdiction.
D.
Zones of operation. Licenses for mobile food vendors shall be permitted to operate in all nonresidential zone districts as established in Chapter 430 of the Township Code, subject to the limitations set forth herein.
E.
Hours of operation. Mobile food vendors shall be restricted to the
following hours of operation: Mobile food vendors may operate from
8:00 a.m. through 10:00 p.m., Monday through Sunday, year-round. No
person conducting, operating or maintaining a mobile food vendor establishment
shall be permitted to remain in any location for a period exceeding
a total of two hours.
F.
No mobile food vendor shall remain in one location for longer than
the hours of operation specified in this section plus a reasonable
time to set up and take down. Under no circumstances may a mobile
food vendor establishment remain overnight in a location in which
it operates. A mobile food vendor establishment must remain occupied
by the operator at all times while in operation.
H.
No mobile food vendor shall be permitted to operate within 300 feet of any licensed restaurant as defined in § 430-8 of the Township Code.
I.
A mobile food vendor that operates on private property must have
the written consent of the property owner, evidenced by an affidavit
of permission filed with the application that is signed by the property
owner and notarized. In addition, a site plan, survey, or other drawing,
showing the location and dimensions of the area to be utilized by
the proposed mobile food vendor establishment on the private property,
as well as the property lines and any impacted parking on the site
must be filed with the application. The mobile food vendor may occupy
no more than two parking spaces in the operation of its business and
shall not interfere with safe and efficient site circulation or the
adequacy of parking on the property. In addition, mobile food vendors
may not operate within designated handicapped/accessible parking spaces,
drive aisles, or fire lanes, or within 25 feet of a dumpster or establishment
fire exit.
J.
No mobile food vendor shall block the path of pedestrian travel on
any public sidewalk.
K.
Mobile food vendors shall provide trash and recycling receptacles
within 10 feet of their site and shall collect all trash and debris
within 25 feet before leaving their site. Collected trash must not
be deposited in public trash receptacles.
L.
No mobile food vendor shall provide in-truck or outdoor dining services
or tables and chairs.
M.
All mobile food vendor establishments shall be kept clean and in
good condition.
N.
License fee and application.
(1)
All applicants for a mobile food vending license shall file a license
application with the Township Health Officer, on a standardized form
established by the Township Health Officer and available in the Township
Clerk's office and on the Township's website.
(2)
An application shall be deemed incomplete, and shall not be processed
by the Township Health Officer, until all documents and application
fees are submitted. To be deemed complete, all applications shall
be accompanied by the following:
(a)
The complete identity of the applicant, including full trading
name, owner, owner's contact information including email, phone
number and mobile phone number, contact person's email and mobile
phone information.
(b)
The social security number, street and mailing address of the
applicant and any of the applicant's employees who may be vending.
The applicant and all employees shall be required to submit to a background
check.
(c)
Color passport-quality photographs of each proposed mobile vendor
or solicitor, each photograph to be two inches by two inches in size.
(d)
Each applicant shall agree to be fingerprinted for the purpose
of verifying that he/she has no criminal record. The fingerprint impressions
will be taken by an approved fingerprint vendor. All fees required
by the fingerprint vendor will be paid by the applicant.
(e)
Copies of the business' articles of incorporation or certificate
of formation, New Jersey business registration certificate, New Jersey
certificate of authority (sales tax document).
(f)
A brief statement describing the name of the business, the type
of mobile food vending establishment, the food and food-stuffs and/or
beverages to be sold or distributed, the source of food supplies,
description of sanitation and personal hygiene, the days of the week
and hours of the day during which the licensed activity will be conducted
and such other information that the Township Health officer deems
appropriate to be included.
(g)
A description of the vehicle, its vehicle identification number,
and its license plate number, with proof of ownership of the approved
vehicle or pushcart and copy of a valid driver's license of the
operator of the vehicle, if applicable.
(h)
Proof of motor vehicle insurance as per N.J.S.A. § 39:6B-1
if the mobile food vendor operates from a motor vehicle.
(i)
No license shall be issued unless the licensee shall have first
filed with the Health Officer a copy of an insurance policy, issued
by a company duly authorized to transact business under the laws of
this state, providing for the payment of not less than $500,000 to
satisfy all claims for damage by reason of bodily injuries to or the
death of any person as a direct or indirect result of the operation
of the mobile food vendor establishment or for injury to any person
occurring on the premises occupied by such establishment, and further
providing for the payment of not less than $10,000 to satisfy all
claims for property damage occurring as a direct or indirect result
of its operation. The insurance policy shall provide that the insurance
company shall notify the Township of Parsippany-Troy Hills 30 days
prior to cancellation or substantial change in coverage and shall
name the Township as an additional insured.
(j)
No license shall be issued unless the licensee shall have first
executed and filed with the Health Officer an indemnification agreement
pursuant to which the licensee, in further consideration of the issuance
of the license, shall agree to forever defend, protect, indemnify
and save harmless the Township of Parsippany-Troy Hills, its officers,
agents and employees from and against any and all claims, causes of
action, injuries, losses, damages, expenses, fees and costs arising
out of or which may arise out of the licensee's operation of
such establishment.
(k)
If the applicant intends to operate from a private property,
the applicant must submit a letter of consent from the property owner
consenting to the application.
O.
Investigation; criminal background check.
(1)
Prior to the issuance of a license pursuant to this section, the
Chief of Police and/or his/her designee shall cause to be made such
investigation of the applicant's business and moral character
as he deems necessary for the protection of the public good. The Chief
of Police, or his/her designee, shall conduct a criminal history background
check through an approved fingerprint vendor for each applicant prior
to issuance of license.
(2)
The criminal background check will be valid for a twelve-month period.
The Chief of Police, or his/her designee, may accept a criminal history
background check conducted in connection with a permit application
made to another municipality in the State of New Jersey within the
last 120 days.
(3)
If, as a result of each investigation, the applicant's character
or business responsibility is found to be unsatisfactory, the Chief
of Police shall endorse on such application his disapproval and shall
notify the applicant that his application is disapproved. Any determination
by the Chief of Police that an application is unsatisfactory shall
be based upon one or more of the following findings with respect to
the applicant:
(a)
Conviction of a crime relating adversely to the occupation of
mobile food vending, which shall be determined in accordance with
the provisions of N.J.S.A. 2A:168A-2 and set forth in a written explanation
provided to the applicant based upon consideration of the following
factors or any other factors:
[1]
The nature and duties of the business for which a license is
sought;
[2]
The nature and seriousness of the crime;
[3]
Circumstances under which the crime occurred;
[4]
The date of the crime;
[5]
The age of the person when the crime was committed;
[6]
Whether the crime was an isolated or repeated incident;
[7]
Social conditions which may have contributed to the crime; and
[8]
Any evidence of rehabilitation, including good conduct in prison
or in the community, counseling or psychiatric treatment received,
acquisition of additional academic or vocational schooling, successful
participation in correctional work-release programs, or the recommendation
of persons who have or have had the applicant under their supervision.
(b)
Prior violation of a peddling, soliciting or mobile vending
ordinance.
(c)
Previous fraudulent acts or conduct.
(d)
Record of breaches of mobile vending contracts.
(e)
Misrepresentation or false statement contained in the application
for the license.
(f)
History of complaints made to the New Jersey Division of Consumer
Affairs.
(g)
Concrete evidence of bad moral character.
P.
Inspection by Township Health Officer required for all licenses.
Prior to the issuance of a license pursuant to this section, the Township
Health Officer shall make an inspection of the mobile food vendor
establishment to ensure compliance with all applicable health codes,
as well as any other applicable statute, regulation, ordinance, or
code. Within 10 days of completing an inspection pursuant to this
section, the Township Health Officer shall issue a written report
stating whether the premises, mobile food truck, or other conveyance
can be used as a mobile food vendor establishment and whether the
applicant has taken all necessary steps to ensure the public health,
safety and welfare.
Q.
If appropriate, the Township Health Officer shall notify the Township
Fire Official of the application. The applicant or licensee is subject
to all applicable state and local Fire Code provisions. The Township
Fire Official is authorized to conduct all relevant inspections of
the mobile food vendor establishment.
R.
Issuance, term and renewal of licenses. The Township Health Officer
may refer the application to the Chief of Police, the Chiefs of the
Fire Districts, the Clerk, the Township Planner and any other Township
official as he/she may deem appropriate. All licenses issued pursuant
to this section shall have a term of one year and shall be renewed
annually by submitting the documents and fees required for the issuance
of a new license as specified in this section.
S.
Enforcement officer. The Township Health Officer, Township Fire Official,
or his/her respective designee, and the Police Department are authorized
and empowered to enforce the provisions of this chapter.
T.
The Health Officer retains the authority to impose such conditions
for licensure as a mobile food vendor as he or she deems appropriate
and is authorized to establish rules and regulations to govern mobile
food establishments consistent with the intent of this chapter.
U.
Denials, violations, suspensions, and hearings.
(1)
Denial of application. Where it is found that an applicant has failed
to comply with any requirement of this section or is found to have
violated any statute, regulation, law or code pertaining to his operation,
the application shall be denied and the applicant so notified in writing
by the Township Health officer.
(2)
Suspension or revocation of license. Where it is found that a licensee
has violated any health or fire code or is operating in any manner
in violation of the provisions of this chapter or any other laws or
ordinances of the Township, or is engaging in any conduct which may
present a danger to the public, including noncompliance with lawful
orders of any Township official or law enforcement officer, the Enforcement
Officer is authorized and empowered to immediately suspend any license
issued pursuant to this chapter and order that the licensee cease
all operations until such time as the violations are abated and/or
revoke any license issued pursuant to this chapter and order the licensee
to cease all operations. The reasons for the suspension or revocation
shall be set forth in the written order.
(3)
Any person aggrieved by the action of the Enforcement Officer in
the denial of an application for license or the decision with reference
to the suspension and/or revocation of a license in accordance with
this chapter, shall have the right of appeal to the Township Administrator,
or his/her designee. Such appeal shall be taken by filing with the
Township Administrator, within 10 days of the action complained of,
a written statement setting forth fully the grounds for the appeal.
The Township Administrator, or his/her designee, may decide the matter
on the papers or schedule a time and place for a hearing on such appeal.
Notice of any such hearing shall be served upon the applicant/licensee
(whichever is appropriate) or mailed, postage prepaid, to the applicant/licensee
at the address given on the application for license in accordance
with this chapter, at least five days prior to the date set for said
hearing. The decision and order of the Township Administrator, or
his/her designee, on such appeal shall be final and conclusive.
