[HISTORY: Adopted by the Township Committee of the Township
of Raritan 3-6-2018 by Ord. No.
18-9 (Ch. 5.25 of the 2000 Code); amended in its
entirety 8-15-2023 by Ord. No. 23-17. Subsequent amendments noted where
applicable.]
The operation of food carts, food trucks and other commercial
vehicle-based activities within the Township creates valid public
concerns related to public safety, public health, crime and fraudulent
business practices. It is the purpose of this chapter to regulate
these activities for the benefit of the residents of the Township
of Raritan.
As used in this chapter, the following terms shall have the
meanings indicated:
A hand-pushed mobile kitchen or hand-pushed cart used for
the sale of food, drink, ice cream, frozen desserts, fresh vegetables
or fruit.
A vehicle from which food is prepared and/or served that
does not allow customers or other individuals other than the operator
and its employee(s) to operate within.
An event that will take place within Raritan Township that is organized by a nonprofit entity and is being held to raise money for a recognized charity or nonprofit purpose, and which is not considered a special event pursuant to Chapter 386, Article I, of the Revised General Ordinances of the Township of Raritan.
The sale of nonedible goods and products from a vehicle or
cart.
The operation of food carts, food trucks and other commercial
vehicle-based activities.
A.
Any person desiring to engage in any regulated activity must apply
for and receive, prior to such activity taking place, a license pursuant
to this chapter.
B.
A separate application shall be required for each entity or person wishing to engage in a regulated activity. A separate application shall be required for each nonprofit and charitable event and special event. Applications shall be made pursuant to Chapter 301, Licensing, of this Code. Each application shall include a fee as provided in Chapter 245, Fees, § 245-4. Notwithstanding the preceding, food carts and food trucks to be operated in connection with a nonprofit and charitable event may request the fee to be waived, which waiver may be granted in the sole discretion of the Township Committee upon a showing of good cause.
D.
Exhibition of license. Each license holder shall prominently display
the license whenever engaging in a regulated activity in the Township.
E.
The license and fee required by this chapter is separate and distinct
from any license(s), permit(s) or fee(s) that may be required by the
Board of Health or the Hunetrdon County Health Department.
A.
Food carts and food trucks.
(1)
Food carts and food trucks shall be licensed in the Township of Raritan
subject to the restrictions of this section.
(2)
Food carts and food trucks shall only be allowed to operate at nonprofit
and charitable events and special events.
(3)
Prior to being issued a license pursuant to this chapter allowing
the use of a food cart or food truck in the Township, said food cart
or food truck must be inspected by the Hunterdon County Health Department
and found to be in compliance with all applicable rules and regulations
of the County of Hunterdon, the Township of Raritan and the State
of New Jersey.
(4)
Food carts and food trucks must not remain stationary in any one
location for more than eight consecutive hours.
(5)
If a food cart or food truck is parked along the public right-of-way,
business may only be transacted from the curbside of the vehicle or
cart.
(6)
No food cart or food truck shall double-park along the public right-of-way.
No food cart or food truck shall illegally park or stand in any public
right-of-way or parking area.
(7)
No food truck shall have its engine running if parked along the public
right-of-way.
(8)
Any food truck or food cart which offers to sell, displays for sale
or sells fruits, vegetables and farm products shall, at all times,
keep all fruits, vegetables and produce of any kind and nature completely
screened and covered with satisfactory materials in order to avoid
and eliminate the accumulation of flies or any other insects from
alighting around or upon any and all merchandise.
(9)
Any food truck or food cart which offers to sell, displays for sale
or sells seafood, meats, poultry or dairy products shall transport
the same solely in refrigerated compartments, and all such products
shall remain refrigerated at all times up to the time of sale. The
refrigerated compartments, during the use thereof, shall be maintained
at a properly low temperature to completely safeguard all products
from a health and sanitary standpoint to the fullest reasonable extent
possible as determined by the Hunterdon County Department of Health
for the safety and welfare of the public and in compliance will all
applicable health codes and regulations.
(10)
No operator of any food truck or food cart shall allow any debris,
waste material, rotting produce or merchandise of any kind or any
unfit produce to remain in or upon his vehicle, unless contained in
a leakproof metal container having a properly fitted metal cover and
in compliance will all applicable health codes and regulations.
(11)
No operator of any food truck or food cart shall permit any waste materials or parts of produce or any other merchandise to remain in or upon any street, roadway, curbs or walks, and he or she shall at all times remove any debris that may have fallen from said vehicle so that the same is immediately placed in a leakproof metal container as provided for in Subsection A(10) of this section.
B.
Other commercial vehicle-based activities.
(1)
Other commercial vehicle-based activities shall be licensed in the
Township of Raritan subject to the restrictions of this section.
(2)
Other commercial vehicle-based activities shall only be allowed to
operate at nonprofit and charitable events and special events.
(3)
Vehicles used for other commercial vehicle-based activities must
not remain stationary in any one location for more than eight consecutive
hours.
(4)
If a vehicle or cart used for other commercial vehicle-based activities
is located along the public right-of-way, business may only be transacted
from the curb side of the vehicle.
(5)
No vehicle used for other commercial vehicle-based activities shall
double-park along the public right-of-way. No vehicle or cart used
for other commercial vehicle-based activities shall illegally park
or stand in any public right-of-way or parking area.
(6)
No vehicle used for other commercial vehicle-based activities shall
have its engine running if parked along the public right-of-way.
(7)
No operator of a vehicle used for other commercial vehicle-based
activities shall display for sale outside the vehicle any goods or
products, including, but not limited to, furniture, pictures, paintings,
or rugs.
The Township Committee of the Township of Raritan may, by resolution,
waive any limitations or requirements of this chapter upon a demonstration
by the licensee or prospective licensee that same will not negatively
impact the health, safety and welfare of the residents of the Township.
Any waiver granted shall be at the Township Committee's sole
discretion.
A.
The following persons are exempt from the licensing requirements
of this chapter:
(1)
Any person honorably discharged from the military services of the
United States possessing a peddler's license issued in conformity
with N.J.S.A. 45:24-9 and 45:24-10.
(2)
Any person who is an exempt fireman of a volunteer fire department
as defined by N.J.S.A. 45:24-9 and 45:24-10, possessing a license
in conformity with said law.
(3)
Any person who is exempt from such licensing requirements pursuant
to State law.
