[HISTORY: Adopted by the Township Council of the Township
of Willingboro 5-4-2021 by Ord. No. 2021-1. Amendments noted where
applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
FOOD VENDING VEHICLE
Includes all vehicles and carts from which food and foodstuffs are offered for retail sale or delivery to consumers or other persons on the public sidewalk, streets, and highways, also including peddlers and hawkers within the scope of Chapter
257.
A. No person shall offer any food for sale from a food vending vehicle
in the Township without first obtaining a license therefor from the
Burlington County Health Department, and providing a copy of same
to the Township Clerk, and a permit from the Township as set forth
herein.
B. Any person offering any food for sale from a food vending vehicle
in the Township pursuant to a license therefor from the Burlington
County Health Department. Every such person shall further be required
to present to the Township a certificate of registration from the
Director of the Division of Taxation of the New Jersey Department
of Treasury. Finally, every such person who possessed a license during
the preceding year shall present proof to the Township of payment
of New Jersey sales tax required pursuant to N.J.S.A. 54:32B-1 et
seq.
C. All persons operating a food vending vehicle must have a valid New
Jersey driver's license or a valid driver's license from
another state in the United States.
D. Any person offering any food for sale from a food vending vehicle
in the Township pursuant to a license therefor from the Burlington
County Health Department shall cause to be furnished to the Township:
(1) A description of the vending unit, including three photographs representing
a side view, a frontal view and rear view.
(2) If a motor vehicle, as defined under N.J.S.A. 39:1-1, is to be utilized
as the vending unit, the applicant shall provide the following:
(b)
Vehicle registration number.
(d)
Proof of motor vehicle liability insurance coverage equal to
or greater than the amounts required of a New Jersey motor vehicle,
as prescribed in N.J.S.A. 39:6A-3.
E. A food vending vehicle license and permit issued under this chapter
shall not be assignable nor transferable and may be used only in the
operation of the vending vehicle described in the application.
The fees to be collected by the Township Clerk for the permit for operation of a food vending vehicle in the Township are set forth in Chapter
150 of the Township Municipal Code.
A. Any person offering any food for sale from a food vending vehicle
in the Township pursuant to a license therefor from the Burlington
County Health Department and the permit issued by the Township pursuant
to this chapter shall post such permit and license in a conspicuous
place on the food vending vehicle.
B. Cleanup and removal of litter generated by the food vending vehicle
and its patrons shall be the responsibility of the food vending vehicle
owner/operator.
C. All food items must be approved for sale by the Burlington County
Health Department and shall be prepared according to Burlington County
Health Department specifications and in accordance with N.J.A.C. 8:24
et seq.
D. All machinery used in the preparation of food items must be approved
by the Burlington County Health Department. All vehicles must be equipped
with an inverter generator for noise control, with a maximum decibel
rating to be established by the Township Manager or the Manager's
designee and periodically updated based on experience with food vending
vehicles in the Township.
E. All products sold, disposed of or offered for sale under this chapter
shall comply with all state laws and ordinances of the Township relating
to food and food products.
F. The hours of operation for food vending vehicles subject to the provisions of this chapter shall not be earlier than 7:00 a.m. and no later than 9:00 p.m. the same day, and only on days specified by the Township Manager pursuant to the permit issued pursuant to §
180-4H of this chapter.
G. The sale or attempted sale of goods from a food vending vehicle shall be prohibited except in areas permitted and specified by the Township Manager, or his or her designee, pursuant to the permit issued pursuant to §
180-4H of this chapter. In no event shall a food vending vehicle be located on a residential street, on private residential property or on a portion of a sidewalk or roadway abutting a restaurant or food licensee within the Township.
H. The Township Manager, or his or her designee, shall establish the
dates, hours of operation and permitted location of all food vending
vehicles in the permit issued pursuant to this chapter and subject
to the following conditions:
(1) The maximum number of food vending vehicles to be permitted at any
one time or event in the Township shall be 10. The Township Manager,
or his or her designee, shall have the authority to amend the number
of permissible food vending vehicles on a case-by-case basis, and
each food vending vehicle shall serve a different variety of food;
(2) In the event that more food vending vehicle operators seek to apply for a permit on a day than permitted by the Township Manager in Subsection
H(1) above, or if more than one operator offering the same variety of food seeks to apply for a permit, the Township shall maintain a rotating list of food vending vehicles, and permits shall be issued on a rotating basis, provided that any food vending operator violating any term, condition or provision of this chapter shall thereafter be prohibited from applying for a permit.
I. No mobile food vendor shall serve food or drink to a motorist or
occupants of a vehicle blocking the passage of traffic.
J. Grills, generators, or other items related to the mobile food vending
operation shall be physically attached to the vehicle or pushcart.
K. Mobile food 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.
L. No food vending vehicle shall cause or permit the operation of any
source of sound above 75 decibels.
M. Food vending vehicles may be operated in the following zoning districts:
(1) B-1 - Primary Business District.
(2) B-2 - Planned Neighborhood Business District.
(3) B-3 - Tertiary Business District.
(4) A-1 - Administrative and Professional District.
(5) I-1 - Restricted Industrial District.
(6) RZO - Route 130 Redevelopment Zone.
A. Any person who violates any provisions of this chapter shall, upon
first conviction thereof, be subject to a fine of not less than $100
and not exceeding $500. Any person who violates any provisions of
this chapter shall, upon second conviction thereof, be subject to
a fine of not less than $500 and not exceeding $1,000, and any person
who violates any provisions of this chapter shall, upon third conviction
thereof, be subject to a fine of not less than $500 and not exceeding
$1,000 and imprisonment for a term not exceeding 90 days or by a period
of community service not for more than 90 days, or any combination
thereof. A separate offense shall be deemed committed on each day
during or on which a violation occurs or continues.
B. In addition to the penalties set forth herein, any person operating
a Food Vendor Vehicle or cart who violates any provisions of this
chapter, or applicable provisions of Chapter 24 of the New Jersey
State Sanitary Code, the food vending vehicle shall be deemed a public safety
hazard by the Township. Accordingly, in the instance of such violation,
the food vending vehicle in question may be impounded (and, in the
instance of an operator not bearing the required license, shall be
impounded) by either the Willingboro Township Police Department or
Burlington County Health Department. In the event that any such vehicle
is impounded, the food vending vehicle may be redeemed by the person
upon payment of the cost of impounding and any applicable storage
charges. The said storage charge and cost of impounding shall be the
same as are established for the impounding of motor vehicles.