[HISTORY: Adopted by the Township Committee of the Township
of Washington 2-28-2019 by Ord.
No. 2019-02[1]. Amendments noted where applicable.]
[1]
Editor's Note: This ordinance was originally adopted as Ch.
150 but was renumbered in order to preserve the alphabetical organization
of the Code.
As used in this chapter, the following terms shall have the
meanings indicated:
May include, but are not limited to:
Any business which sells edible goods from a nonstationary
location within the Township. The terms shall include, but not be
limited to:
Edible goods that are not required to be kept at a temperature
below 41° F. according to the Federal Food and Drug Administration
and the applicable statutes and regulations of the State of New Jersey.
A.
Permit. Every mobile food vendor shall have a permit issued by the
Township to conduct business in the Township.
B.
Application. Every mobile food vendor shall apply for a permit on a form promulgated by the Township. The form of applications shall be provided by the Township Clerk's office upon request. The application once completed shall be submitted in duplicate to the Township Clerk and the Township Zoning Officer with the application fee established in § 294-3 herein. Each vending unit requires a separate permit. Applications for permits meeting the requirements for mobile vendors shall be processed within 10 business days.
C.
Permit form. A complete application shall require the following information
from the applicant to be considered:
(1)
Name of applicant.
(2)
Legal name of business or entity.
(3)
State of incorporation or filing of a partnership or articles of
association.
(4)
If applicable, copy of charter or articles of incorporation and current
listing of the directors, partners, or principals.
(5)
Sales tax number with a copy of sales tax permit.
(6)
Signed permission form or provide notarized affidavit from the private
property owner granting permission for unit placement.
(7)
Name, phone number and driver's license number of business owner
and all employees operating within the mobile food vendor unit.
(8)
Proposed itinerary with route, vending locations and times of operation.
(9)
Contact name and phone number for mobile food vending unit while
in route.
(10)
Description of products being sold.
(11)
Site plan where the mobile food vending unit will be located
on the property.
(12)
Vehicle identification number and description of mobile food
vending unit.
(13)
Signed affidavit with photo identification that each individual
applicant:
(a)
Has no unpaid civil judgments against him or her in any state
of U.S. possession which arise from a business activity which would
have been covered by this section if in effect at the time in the
jurisdiction where such judgments are of record.
(b)
A statement of all convictions in any state, the United States,
or U.S. possession within the last 10 years.
(14)
Certification and permitting from the Burlington County Board
of Health allowing the use of the mobile food vending unit.
A.
The application fee for a mobile food vendor permit shall be $200.
Each mobile food vendor unit shall be permitted separately.
B.
Mobile food vendor permits shall be valid for one year from the date
of permit issuance.
C.
Upon renewal the applicant shall pay the renewal of $150, and update
any changes in the permitting documentation upon permit renewal. The
applicant must submit the application and the renewal fee within 30
days before expiration of the permit or must reapply as a new applicant.
A.
A permit may be denied where:
(1)
An applicant is found to have an unpaid civil judgment(s) against
him which relates to the duties and responsibilities of the permitted
occupation which shall be determined by the nature and amount of the
judgment, the relationship of the judgment to the purpose of the permit
and the extent that the permit would allow someone to engage in further
activity that would lead to unsatisfied civil judgments; or
(2)
An applicant has been convicted of a crime which directly relates
to the duties and responsibilities of the licensed occupation which
shall be determined by the nature and seriousness of the crime, the
relationship of the crime to the purpose of the permit and the extent
that the permit would allow someone to engage in further criminal
activity; or
(3)
The required information is incomplete or incorrect or shows that
a person is not otherwise entitled to conduct business as a mobile
food vendor; or
(4)
The opportunity to issue a permit has been denied due to previous
violations as described in this section; or
(5)
The issuance of such a permit would be contrary to the public health,
safety or welfare of the citizens and visitors of the Township of
Washington.
B.
Display of permit. Every permit, including those from the Township,
shall be displayed at all times in a conspicuous place where it can
be read by the general public on the mobile food vendor's truck or
concession trailer.
A.
A permit may be revoked upon conviction of any offense committed
by an individual operating as a mobile food vendor in the Township
while engaged in the permitted business, or if a final conviction
occurs or is found to have existed at the time of application, or
if civil judgments, as set forth above, are placed or found of record
against an applicant. A permit may be suspended in the event of pending
charges of a crime, as set forth above, upon a judge's determination
of probable cause in connection with such charges.
B.
A permit may be revoked for nonconformity to the application location
specifications or requirements as well as to nonconformity to an approved
location plan or diagram.
C.
Any employee working for an applicant permitted as an employer under
this section above may be denied the right to solicit under such permit,
or such rights may be suspended or terminated, under the same circumstances
and procedures which apply to the holder of the permit. Revocation
or suspension of an employer's permit terminates all employee permits.
D.
A permit may be suspended or revoked for not complying with the requirements
of this section, or any other ordinances or laws.
E.
Failure to pay outstanding municipal fees and fines.
F.
Revocation or suspension of the permit is necessary to protect the
public health, safety and welfare of the citizens and visitors of
the Township of Washington.
A.
The notice of revocation, suspension, or denial of a permit shall
include the procedure for appealing the suspension, revocation, or
denial.
B.
If a Township official revokes, suspends, or denies a mobile food
vendor permit, the holder or applicant of the permit which has been
revoked, suspended, or denied shall have the right of appeal to the
Township Committee, or designee, by submitting an appeal in writing
to the Township Clerk within 10 business days of the revocation, suspension,
or denial.
C.
Pending action on the appeal, a permit which has been revoked or
suspended shall be considered revoked or suspended.
D.
If a written appeal is not submitted within the 10 business days
of revocation, suspension, or denial, or if the appeal is denied,
the permit shall hence be considered revoked, suspended or denied.
In addition to any monetary penalty provided within this Chapter,
if a mobile food vendor or applicant is not in compliance with this
section or any other ordinance, law or the approved vendor application,
the following action will be taken:
A.
First violation. A warning may be issued, or the permit may be revoked
or suspended, and the vendor may become ineligible for a new or reissued
permit for 90 consecutive days.
B.
Second violation. The permit will be revoked and the vendor may become
ineligible for a new or reissued permit for 90 consecutive days.
C.
Third violation. The permit will be revoked, and the vendor will
become ineligible for a new or reissued permit for one year.
D.
If an applicant's permit has been denied and the appeal is denied
the applicant may not reapply for 90 consecutive days.
A.
Distance regulations.
(1)
No mobile food vendor shall conduct business within any single-family
residential or agricultural zoning district unless otherwise approved
in writing by the Township Committee.
(2)
A mobile food vendor may not be located within 100 feet of the primary
entrance of an open and operating fixed-location food service or eating
establishment except during Township-sponsored or other community
events; or with prior written approval from said establishment.
(3)
A mobile food vendor shall not be located within 40 feet of another
mobile food vendor except during Township-sponsored or other community
events.
B.
A mobile food vendor shall not conduct sales at a stationary location:
(1)
For a duration exceeding 10 hours per location on private property
and four hours on public property per day. Allowances may be granted
for additional time depending on the type of activity or event.
(2)
For a duration exceeding 60 minutes on any public street or public
streets adjacent to public parks and recreational facilities, next
to fire lanes and no-parking designated areas.
(3)
On any public street, where the operation impedes vehicular or pedestrian
traffic.
(4)
Between the hours of 10:00 p.m. and 6:00 a.m.
C.
Location regulations.
(1)
No more than two mobile food vendors shall be permitted to operate
on one single lot. To the extent any mobile food vendor shall seek
a temporary permit to operate on any single lot where two mobile food
vendors have been previously permitted to operate, a special limited-time
(not to exceed one week) exception may be considered by the Township
Committee upon application specifically setting forth the special/extraordinary
circumstances that may warrant the issuance of more than two permits
to operate on any single lot.
(2)
No mobile food vendor shall be located on any private property without
written permission to do so and must comply if asked to leave by the
property owner or Township official. A copy of the written permission
to operate in a specific location, signed by the private property
owner, shall be kept within the mobile vending unit at all times.
(3)
No person shall distribute, deposit, place, throw, scatter or cast
any commercial handbill.
(4)
No person shall distribute, deposit, place, throw, scatter or cast
any commercial handbill upon any premises if requested by the property
owner or Township official not to do so, or if there is placed near
or at the entrance thereof a sign bearing the words "no advertisement."
(5)
No person shall sell or offer for sale any item upon any premises
if requested by the property owner or Township official not to do
so, or if there is placed at or near the entrance thereof a sign bearing
the words "no peddlers or vendors," "no trespassing," or "no solicitors."
(6)
No overnight parking of mobile food vendors shall be allowed at the
permitted location. A mobile food vendor shall leave their permitted
locations daily, no later than 11:00 p.m., and may not return to the
permitted location before 5:00 a.m.
[Added 4-6-2021 by Ord. No. 2021-02]
The following regulations shall apply to mobile food vendors
within any zoning district:
A.
Each unit shall be equipped with a portable trash receptacle, and
shall be responsible for proper disposal of solid waste and wastewater
in the sanitation facility legally accessed by the food service establishment.
All disturbed areas must be cleaned following each stop to a minimum
20 feet of the sales location.
B.
A mobile food vendor may not have a drive-through.
C.
A mobile food vendor may be allowed to have multiple locations within
a day but not exceeding 10 hours of operations per location. A list
of the locations must be submitted to and approved by the Health Authority.
D.
Continuous music or repetitive sounds shall not project from the
mobile unit.
E.
A five-foot clear space can be maintained around the mobile food
vending unit.
F.
The mobile unit will be subject to inspection upon permit application
through the Code Enforcement, Health Department and the Fire Marshal,
and may be subject to random inspection and upon reissuance of the
permit.
G.
Mobile food venders are responsible for complying with all statutes
and regulations of the State of New Jersey, including, but not limited
to, any restrictions on food or drink sales within a state park or
state-owned lands.
H.
A "No Smoking" sign must be posted next to the order window or area.
I.
An approved portable-type ABC fire extinguisher tagged by a licensed
company shall be kept accessible as directed by the Fire Marshal or
designee. A portable type K fire extinguisher is also required in
the kitchen for cooking operations.
J.
A kitchen fire suppression system and kitchen ventilation system
is required to be NFPA 17A and NFPA 96 compliant and shall be required
when the cooking process produces grease-laden particles within the
mobile unit. Said systems shall require testing in the presence of
a Fire Marshal or designee.
K.
All cooking appliances shall be UL-approved appliances.
L.
If cooking and using propane, a gas-pressure test must be performed
by a licensed plumber.
A.
It shall be unlawful for any individual as the agent or employee
of another regulated under this section to sell edible goods in the
Township unless its principal or employer has received a permit under
this section.
B.
A permit issued under this section is not transferable.
C.
It shall be unlawful for an individual to sell edible goods while
displaying a valid permit issued by the Township in the name of another
individual, organization, or entity.
D.
It shall be unlawful for any individual directly or through an agent
or employee to sell goods within the Township after the expiration
of the permit issued by the Township under this section.
E.
It shall be unlawful for an individual directly or through an agent
or employee to misrepresent on the permit affidavit any acts that
are regulated under this section.
F.
It shall be unlawful for any individual directly or through his agents
or employees to represent that the issuance of a permit by the Township
constitutes the Township's endorsement or approval of the product
for sale.
G.
It shall be unlawful to operate a mobile food vendor operation that
is not in compliance with the statutes or regulations of the State
of New Jersey.
Any person or entity found guilty of violating any provision
of this chapter shall be subject to a fine of not more than $2,000.
