[HISTORY: Adopted by the Mayor and Council of the Borough
of Oceanport 5-7-2015 by Ord. No.
949. Amendments noted where applicable.]
GENERAL REFERENCES
Fees — See Ch. 204.
A.
The purpose of this chapter is to establish regulations and permitting
for food handling, mobile food vendors and setting of fees for same.
B.
This chapter seeks to regulate food handlers and mobile food vendors
through the annual issuance of licenses. This chapter will assist
the Borough with keeping record of all food handler establishments
including mobile food vendors within the Borough. License fees will
cover the cost of enforcement and administrative duties.
C.
This chapter seeks to protect the character of existing commercial
areas and to provide sufficient space in appropriate locations for
each use. The Borough seeks to locate mobile food vendors in areas
to better serve mobile populations. The Borough seeks to promote a
desirable visual environment through limiting the interaction of each
respective use.
As used in this chapter, the following terms shall have the
meanings indicated:
A raw, cooked, or processed edible substance, ice, beverage,
or ingredient used or intended for use or for sale in whole or in
part for human consumption.
Any establishment or person who regularly and principally
prepares, cooks or serves food, whether seating on the premises is
provided or not, or food is available for public consumption.
Any movable restaurant or retail food establishment in or
on which food and beverage are transported, stored, or prepared for
retail sale or given away at temporary locations. Only the following
mobile units shall be authorized to obtain an annual mobile retail
food license to stop and stand on public property, public rights-of-way
and/or public streets and sidewalks as designated hereinafter, none
of which shall exceed 35 feet in length.
An individual, firm, partnership, corporation, association
and principle or agent thereof.
A.
No food handler shall engage in or be employed within the Borough
in the business of or service of preparing, selling or processing
food intended for human consumption without having first applied for
a license as a food handler upon written application with the Board
of Health.
B.
It shall be unlawful for any person to sell or dispose of, or to
offer to sell or dispose of, any food stuffs, goods, wares or merchandise
within the Borough of Oceanport, without first obtaining a license
and having paid the required license fee.
Any person desiring a license shall file with the Borough Clerk
of the Borough of Oceanport or as otherwise designated an application
which shall contain the following information:
A.
Name of the applicant.
B.
If a trade name is used, whether the applicant is an individual,
partnership, association or corporation.
C.
Address of applicant and telephone number.
D.
Two business references.
E.
Place or places of the residence of the applicant for the preceding
three years.
F.
Description of goods or services to be sold.
G.
For facilities with multiple food establishments.
H.
As to the application, there must be appended, when applicable, a
corporate resolution from the firm authorizing the person signing
the application to act as its representative and certifying that the
information is correct and accurate.
I.
Whether the applicant, in previously operating in this state under
a license, has had such license revoked or suspended and, if so, the
reasons therefor.
J.
In the case of a mobile food vendor, the description of the vehicle
and state license number.
All food handler licenses will expire December 31 of each year.
A food handler license is granted to a food handler as defined in § 230-2 and may not be transferred to any other person for any other purpose whatsoever.
Every food handler holding a license in accordance with this
chapter shall be required to prominently display license while engaged
in the business use. A food handler must produce the license at the
request of any person solicited, police officer or any other official
of the Borough of Oceanport. Mobile vendor licensees shall be required
to display the mobile vendor license prominently when located in a
permitted location. Being the lawful holder of a Borough of Oceanport
mobile food vendor license shall not be a valid defense to a citation
for failure to prominently display the license in violation of this
chapter.
A.
Weekdays: Sunday through Thursday, mobile food vendors shall operate
between the hours of 10:00 a.m. and 8:00 p.m.
B.
Weekends: Friday and Saturday, mobile food vendors shall operate
between the hours of 9 a.m. and 9:00 p.m.
C.
In the event any additional hours are desired, a licensee may apply
to the governing body for extended hours.
A.
Mobile food vendors shall not provide or allow any dining area, including
but not limited to tables, chairs, booths, bar stools, benches, and
standup counters.
B.
All licensees shall comply with all applicable state statutes, all
applicable Borough of Oceanport ordinances, and any other law or regulation
which may be applicable under the given circumstances.
C.
No person or vehicle shall stand or be parked in a fixed location
for the purpose of displaying or selling wares, merchandise or services
on any public or private property where to do so causes or is likely
to cause a crowd, impede vehicular or pedestrian traffic, or produce
annoying sounds, noises or disturbances which interfere with the quality
of life of the residents.
D.
It shall also be unlawful to strew or litter, or cause to be strewn
or littered, the public streets or sidewalks with refuse or waste
matter of any kind or to anywise interfere with the comfort or convenience
of the residence or business of the occupants or owners of adjacent
properties.
E.
No person or vehicle shall stand or be parked for the purpose of
displaying or selling wares, merchandise or services on any public
or private property within a distance of 200 feet of the nearest public
school in the Borough of Oceanport during school hours. School hours
shall mean any time between 8:00 a.m. and 3:30 p.m. on weekdays, exclusive
of Saturdays, during such days as said schools may be in session.
F.
Mobile food vendors shall comply with all ordinances, laws and regulations
relating to noise in effect by the Borough of Oceanport, County of
Monmouth and State of New Jersey.
Unless otherwise specified herein, this chapter shall be enforced
by the Code Enforcement Officer, the Oceanport Police Department,
the Health Officer or any other Borough official as so designated.
