[2-27-2024 by Ord. No. 2024-004]
The provision of this chapter shall apply to mobile operations
engaged in the business of preparing, distributing and/or gifting
food, beverage, or any other items from mobile retail vendors on public
or private property within the Township of Frankford.
[2-27-2024 by Ord. No. 2024-004]
As used in this chapter, the following terms shall have the
meanings indicated:
MOBILE RETAIL VENDOR
Any movable restaurant or retail establishment in or on which
food, beverages or other items are transported, stored, or prepared
for retail sale or gifting. The term "mobile retail vendor" shall
include the following:
a.
MOBILE RETAIL MOTORIZED VENDORAn establishment that is located upon a licensed, registered, motorized vehicle from which any food, beverage, grocery item or snacks, including but not limited to candy, gum, soda, stickers, lighters, T-shirts, and bottled water, is cooked, prepared, served or otherwise offered for sale or for gifting to the public.
b.
MOBILE RETAIL NONMOTORIZED VENDORMovable, nonmotorized unit (e.g., pushcart) from which any beverage, grocery item or snacks, including but not limited to candy, gum, soda, lighters, stickers, T-shirts, and bottled water, is cooked, prepared, served or otherwise offered for sale or gifting to the public.
[2-27-2024 by Ord. No. 2024-004]
a. All
mobile retail vendors operating within the Township of Frankford on
public or private property shall be required to have a mobile retail
license issued by the Township of Frankford.
b. A
mobile retail vendor license and/or permit shall not be sold, or in
any manner transferred to any other entity or individual, absent the
express written consent of the Township of Frankford.
c. All
applicants for a license shall submit the following documentation:
1. Certificate of registration issued by the N.J. Division of Taxation;
2. Proof of ownership or rental of an approved vehicle or pushcart;
3. Proof of general liability insurance providing a minimum of $1,000,000
coverage for nonmotorized mobile vendor vehicles;
4. Proof of motor vehicle insurance as per N.J.S.A. 39:6B-1 if the mobile
vendor operates from a motor vehicle in addition to proof of general
liability insurance providing a minimum of $1,000,000 coverage;
5. A type 2 propane permit if the vehicle or pushcart is carrying more
than five pounds of propane;
6. Completed Township "Property Owner Form of Consent;"
7. Copy of Sussex County Department of Health permit;
8. Frankford Township Board of Health temporary retail food/sales permit.
[2-27-2024 by Ord. No. 2024-004]
a. Mobile
Retail Motorized Vendor Business License. The application fee for
a license or any renewal of a license shall be $50. The license shall
be valid only for the year in which it is issued.
b. Mobile
vendor licensees shall be required to display the mobile retail vendor
license/permit prominently in a location visible to customers and
public at large.
[2-27-2024 by Ord. No. 2024-004]
In concurrence with Frankford Township Code subsection
3-1.4, mobile retail vendors may operate seven days a week, Sunday through Saturday, between the hours of 7:00 a.m. until 10:00 p.m.
[2-27-2024 by Ord. No. 2024-004]
a. Unless
otherwise specified herein, this chapter shall be enforced by any
Code or Zoning Enforcement Officer of the Township of Frankford.
b. Any
license issued under the terms and provisions of this chapter may
be suspended or revoked by the Township Committee of the Township
of Frankford whenever it shall appear that the licensee is operating
the mobile concession in violation of any aspect of the Frankford
Code. Also, if the vendor is operating in a disorderly or improper
manner, including, but not limited to, operating in an unsanitary
manner, generating excess noise, generating trash and debris, or in
any other fashion that would constitute a nuisance. A licensee shall
be served with notice of any intent to revoke a license and shall
have the opportunity to have a hearing before the Mayor and Township
Committee, upon written request.
[2-27-2024 by Ord. No. 2024-004]
a. Mobile
retail vendors shall not provide or allow any dining area, including
but not limited to tables, chairs, booths, bar stools, benches, and
standup counters.
b. The
Township reserves the right to temporarily move any mobile retail
food vendor to a nearby location for emergency purposes as determined
in the sole discretion of the Township.
c. The
sale or gifting of any product other than food and drinks shall be
expressly prohibited. This shall include, but shall not be limited
to, the sale of cigarettes or any form of electronic smoking device,
alcoholic beverages, marijuana, edibles and vapes.
d. Mobile
vendors shall provide trash and recycling receptacles within ten (10)
feet of their site and shall collect all trash and debris within twenty-five
(25) feet before leaving their site. Collected trash must be removed
by the vendor daily and not be deposited in public trash receptacles.
e. No
mobile vendors shall occupy the street and the sidewalk at the same
time, i.e., park a motorized vehicle in the street and dispense items
from the sidewalk or set up a pushcart on the sidewalk and dispense
items in the street.
f. No
mobile vendor shall serve food or drink to a motorist or occupants
of a vehicle blocking the passage of traffic.
g. No
mobile vendors shall occupy street space blocking the passage of traffic.
h. Mobile
vendors' vehicle and pushcarts shall be self-contained; no coolers
or exterior signage to be placed on streets, sidewalks, or adjacent
areas to vendor.
i. Grills,
generators, or other items related to the mobile vending operation
shall be physically attached to the vehicle or pushcart.
j. Mobile
vendors must have a portable water tank/sink for hand washing attached
to their vehicle as per N.J.A.C. 8:24-5.3.
k. All
motorized vehicles must abide by all existing traffic regulations.
l. No
mobile vendors shall operate in any area where parking of motor vehicles
is prohibited, restricted or regulated. Such areas shall include,
but not be limited to, sidewalks, bus stops, taxi stands, fire hydrants,
parking metered areas, loading zones, areas where parking is prohibited,
such as from the corner of an intersection as indicated by curb markings,
areas reserved for physically handicapped motor vehicle operators,
crosswalks, driveways and any other areas so restricted, prohibited
or regulated for the parking of motor vehicles.
[2-27-2024 by Ord. No. 2024-004]
a. The
license of a person who violates any provision of this chapter, or
the applicable provisions of Chapter 24 of the State Sanitary Code,
may be revoked or suspended upon three business days' notice
served upon the licensee. Said notice shall contain the specific provision
of this chapter or of the State Sanitary Code which has been violated
and the specifications which shall constitute the violation. Suspensions/revocations
for non-health-related reasons may be appealed to the Township Committee.
Suspensions/revocations for sanitary/health reasons may be appealed
to the Frankford Township Board of Health or its designee. Any licensee
of a mobile vendor whose license has been revoked shall not be qualified
to receive a new license or have said license restored to said person.
b. In
addition to license suspension or revocation, any person violating
any provision of this chapter shall, upon conviction thereof before
the Municipal Court, be subject to a fine not exceeding $5,000: the
amount of such fine shall be determined by the sound discretion of
the Municipal Judge. In addition to the aforementioned penalties,
and as provided for herein, violations of this chapter may subject
the license to suspension or revocation as provided for herein.