[HISTORY: Adopted by the Township Committee of Colts Neck Township as indicated in article histories. Amendments noted where applicable.]
[Adopted 9-25-2019 by Ord. No. 2019-18]
It shall be unlawful for any temporary mobile retail food establishment, as defined in this chapter, to engage in any such business in the Colts Neck Township without having first obtained a valid temporary mobile retail food establishment license from the Municipal Clerk in compliance with the provisions of this chapter.
When used in this chapter, the following terms shall have the following meanings:
- TEMPORARY MOBILE RETAIL FOOD ESTABLISHMENT
- Any movable restaurant, truck, van, trailer, cart, bicycle, tent, watercraft or other moveable 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.
Applicants for a temporary mobile retail food establishment license under this chapter must file with the Municipal Clerk an application, in writing, which shall give the following information:
The name of the applicant; if a corporation, the names and addresses of the president and secretary shall be set forth; if a partnership, the names and addresses of all partners shall be set forth.
The name under which the business is to be conducted.
The present mailing address, telephone number and email address of the business.
The address, block and lot at which the temporary mobile retail food establishment will be conducting business.
The date(s) the temporary mobile retail food establishments will be conducting business.
Whether or not the applicant has ever had a license to conduct the business herein described denied or revoked. If such license has been denied, the applicant shall set forth in detail the facts leading to such denial.
Written consent from the property owner authorizing the temporary mobile retail food establishment to conduct business on the property.
The temporary mobile retail food establishment license shall be valid for a maximum of 90 days.
At the time of filing the application, a fee of $100 shall be paid to the Municipal Clerk to cover the cost of investigation of the facts stated therein.
Prior to the issuance of a license, in his or her discretion, the Municipal Clerk shall have the authority to cause a routine police check to be made of the applicant to verify the validity of the information above described.
Property owners may invite a temporary mobile retail food establishment on their premise subject to the following rules and regulations.
The property is zoned B-1, Business, or a farm containing a minimum of 15 contiguous acres, or public property (state, county or Township).
Property owners may invite a temporary mobile retail food establishment on site for a total of no more than three times per calendar week.
A temporary mobile retail food establishment shall not be invited for longer than eight hours per day and at all other times must remove from the parcel all materials associated with the business.
No temporary mobile retail food establishment shall operate before 7:00 a.m. or after 10:00 p.m. This period does not include setup or breakdown operations.
Temporary mobile retail food establishments shall not operate within 200 linear feet of a brick-and-mortar retail food establishment building.
Temporary mobile retail food establishments in the B-1 Business Zone shall not operate within 500 linear feet of a residential zone boundary.
Temporary mobile retail food establishments shall maintain a twenty-foot separation from any building on-site.
In the B-1 Business District, temporary mobile retail food establishments must operate from a legal off-street parking space(s) on the property which shall not constitute one of the minimum required parking spaces for any other use on site. On farms and public property, temporary mobile retail food establishments may operate in open fields, but must maintain a minimum seventy-five-foot front yard setback.
Temporary mobile retail food establishments shall not obstruct or interfere with the free flow of vehicle or pedestrian traffic and shall not park in any fire lane, access aisle, minimum required front, side or rear yard setback, sidewalk, sight triangle or public right-of-way.
Temporary mobile retail food establishments shall not verbally solicit business from pedestrians or persons in vehicles and shall not sell to persons in vehicles.
No amplified music or loud speakers shall be permitted.
No lighting shall be provided, except that localized lighting may be used on or in the temporary mobile retail food establishment for the purpose of inside food preparation and menu illumination.
Temporary mobile retail food establishments shall not display any signs other than those exhibited on the temporary mobile retail food establishment.
Temporary mobile retail food establishment operations shall be limited to the sale of food and beverage. No sales or service of alcohol shall be allowed by temporary mobile retail food establishments.
Temporary mobile retail food establishments shall provide at least one trash receptacle and one recycling receptacle for use by patrons and in a convenient location that does not impede vehicular or pedestrian traffic. All litter or debris generated within a minimum of fifty-foot radius of the temporary mobile retail food establishment shall be collected and removed by the temporary mobile retail food establishment.
All associated equipment and operations associated with a truck, van, trailer or cart shall be self-contained within the temporary mobile retail food establishment. No furniture, tables, chairs, umbrellas, grills, generators, extension cords, tents, pop-ups, flags, banners, propane tanks or structures shall be placed outside or attached to any sign, light pole, tree or similar object.
No temporary mobile retail food establishment shall tie into any on-site utilities (electric, gas, potable water, sanitary facilities, etc.) and must be self-contained units. All trash, liquid waste, grease, etc., associated with the operation shall be removed at the end of each day and shall not be disposed in a building on site, storm drain, sidewalk, street or landscape area.
Temporary mobile retail food establishments shall maintain a ten-foot separation distance from any combustible object, including other vehicles.
At all times the temporary mobile retail food establishment shall have the following documents in its possession and present to a Township Official upon request:
A valid Colts Neck Township temporary mobile retail food establishment license.
A valid retail food establishment license from the Colts Neck Board of Health pursuant to Chapter 243 of the Code of Colts Neck Township.
A valid fire safety permit from the Colts Neck Fire Official pursuant N.J.A.C. 5:70 et seq.
The following activities shall be exempted from this chapter and obtaining a Temporary Mobile Retail Food license from the Township Clerk, but may require a retail food establishment license and fire safety permit:
Single-family residential property owners may invite temporary mobile retail food establishments for private parties.
Ice cream vendors going from place to place or from street to street soliciting orders.
Temporary mobile retail food establishments that serve a site that is actively under construction pursuant to a valid building permit and do not vend to the general public during their stop and if their presence on site is limited to actively engaging in sales and are not parked in a stationary location without making sales.
This chapter shall be enforced by the Police Department, Code Enforcement Officer, Zoning Officer, Fire Marshal or Health Officer.
A violation of any provision of this chapter shall be punishable as provided in § 1-9 of this Code.