The purpose and intent of this article is to establish regulations
relative to permitting food vendors to operate and conduct business
within the Township while minimizing the side effects on parking,
traffic and waste disposal, among other impacts.
As used in this article, the following terms shall have the
meanings indicated:
FOOD TRUCK VENDOR
Any person, whether or not a resident of the Township of
Egg Harbor, who travels in a self-sustained food truck to sell food,
approved by the Board of Health, to patrons and licensed in the Township.
MOBILE RETAIL MOBILIZED FOOD VENDOR
A food establishment that is located on a motorized vehicle,
licensed and registered by the New Jersey Department of Motor Vehicles,
where food or beverage is cooked, prepared and served for individual
portion service. The maximum length of the vehicle with attachments
shall not exceed 40 feet in length.
MOBILE RETAIL PREPACKAGED FOOD VENDOR
A food establishment that is located on a motorized vehicle,
licensed and registered by the New Jersey Department of Motor Vehicles,
where prepackaged food or beverage is served for individual portion
service. The maximum length of the vehicle with attachments shall
not exceed 40 feet in length.
The annual license fee for a food vendor shall be $100 per licensing
year. The license year shall be from January 1 to December 31.
Except where expressly provided otherwise, all licenses shall expire on December 31 at midnight. Applications for the renewal of licenses shall be made not later than December 1 and subject to §
129-21, §
129-22A(2) and § 129-22B requirements.
It shall be the duty of any police officer of the Township to
require any person seen operating as a food vendor, and who is not
known by such officer to be duly licensed, to produce their license
to operate as a food vendor and to enforce the provisions of this
article against any person found to be violating the same.
The equipment used or employed by licensed vendors of ice cream,
food, beverages, confections and other related commodities shall be
maintained in a clean and sanitary manner and be subject to the inspection
of the Atlantic County Board of Health or its authorized agents. Any
violation found and not immediately corrected shall be grounds for
revocation of the license.
Violation of any provision of this article shall, upon conviction
thereof, be punished by a minimum fine of $100 or a maximum of $2,000
or by imprisonment for a term not exceeding 90 days or by a period
of community service not exceeding 90 days. Each and every violation
shall be considered a separate violation. Any person who is convicted
of violating the provisions of this article within one year of the
date of a previous violation and who was fined for the previous violation
may be sentenced by the court to an additional fine as a repeat offender.
The additional fine imposed as a repeat offender shall not be less
than the minimum or exceed the maximum fine provided herein, and it
shall be calculated separately from the fine imposed for the violation
of this article.
Any license or permit issued by the Township may be revoked
by the Township Committee after notice and a hearing for any of the
following causes:
A. Fraud or misrepresentation in any application for a permit or license.
B. Fraud, misrepresentation or other dishonesty in the conduct of the
licensed activity.
C. A violation of any provision of this article.
D. Conviction of the licensee for any felony or high misdemeanor or
a misdemeanor or disorderly person's offense involving moral turpitude.
E. Conduct of the licensed activity, whether by the licensee himself
or his agents or employees, in an unlawful manner or in a manner that
constitutes a breach of the peace or a menace to the public health,
safety or general welfare.
Notice of a hearing for the revocation of a license or permit
shall be given, in writing, by the Township Clerk. The notice shall
specifically set forth the grounds upon which the proposed revocation
is based and the time and place of the hearing. It shall be served
by mailing a copy to the licensee at his last known address by certified
mail, return receipt requested, at least five days prior to the date
set for the hearing.
At the hearing the licensee shall have the right to appear and
be heard, to be represented by an attorney, to present witnesses in
his own behalf, to cross-examine opposing witnesses and to have a
permanent record made of the proceedings at his own expense. The Township
Committee shall revoke or suspend the license if it is satisfied by
a preponderance of the evidence that the licensee is guilty of the
acts charged.
The Township Committee may issue another license to a person
whose license has been revoked or suspended as provided in this article
if, after a hearing, it is satisfied by clear and convincing evidence
that the acts which led to the revocation or suspension will not occur
again; otherwise, no person whose license has been revoked or suspended,
nor any person acting for him, directly or indirectly, shall be issued
another license to carry on the same activity.