[HISTORY: Adopted by the Mayor and Council
of the Borough of East Rutherford 1-1-1982 as Sec. 4-19 of the 1982
Recodification; amended in its entirety by the Board of Health 7-18-2018
by Ord. No. Board of Health 2018-01. Subsequent amendments noted where
applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
Any movable restaurant, truck, van, trailer, cart, bicycle
or other movable unit, including hand-carried, portable containers
in or on which food or beverages is transported, stored or prepared
for retail sale or given away in temporary locations.
Except as otherwise provided in this chapter, it shall be unlawful
for any person, firm or corporation to sell, offer for sale or distribute
food or beverages, including hot dogs, intended for human consumption
from any temporary stand, pushcart, truck or mobile retail food establishment
in the Borough except on private property with approval from the property
owner. Said establishments may remain at any location on private property
no more than 30 minutes. There shall be no cooking or preparation
of food in a mobile retail food establishment, except for the two
such establishments that are of the type which sell ice cream, flavored
ice, or similar frozen food items.
Nothing contained in this chapter shall be construed to vary,
supersede or alter the express provision of the Sanitary Code of the
Borough of East Rutherford nor to conflict with the powers, duty or
authority of the East Rutherford Board of Health.
Pursuant to § 369-69M(1), the number of mobile retail
food establishments is limited to 10 establishments; only two such
establishments shall be of the type which sells ice cream, flavored
ice, or similar frozen food items.
Notwithstanding anything to the contrary in § 170-2A
or B, a mobile retail food establishment or food truck may operate
within the Borough;
A.
If it is operated by or on behalf of a charitable or religious society
whose primary office is within the Borough;
B.
The proceeds shall be applied to the payment of expenses and to the
charitable and religious business or affairs for which the charitable
or religious society exists;
C.
It operates only at and during festivals, sporting events, concerts
or other public events;
D.
If on private property the property owner has approved the use of
the property for a mobile retail food establishment or food truck;
E.
The Board of Health, or its designee, has approved such operation
and its location, but only if the Board of Health has adopted an ordinance
requiring such approval.
