[Adopted 9-9-2019 by Ord. No. 2019-6]
As used in this article, the following terms shall have the
meanings indicated:
A vendor vehicle used for the retail sales of any food, food
product or beverage.
Person(s) granted a permit per this article to operate a
food truck.
A person, partnership, corporation or entity.
Property not owned by a public entity.
A tax lot.
A motor vehicle or wheeled vehicle.
A.
Food trucks prohibited. It shall be unlawful for any person to directly
or indirectly sell, merchandise or offer for sale and delivery or
cause to be delivered in the course of retail trade any food or food
product from a vendor vehicle within the Borough of Andover except
as permitted by this article.
B.
Exception. The retail sales of food, food products and beverages
from a vendor vehicle on a private property are permitted subject
to the following requirements:
(1)
Such sales must be in conjunction with a public gathering on the
property;
(2)
Only two food trucks shall be on the property at any time;
(3)
There must be sufficiently safe space on the property for the food
truck(s);
(4)
Such sales can be conducted on any one property no more than four
times in any calendar year, each time consisting of no more than two
consecutive days;
(5)
The property must be in a commercially zoned area as designated in
the Code;
(6)
The property must have sufficient parking area for all motor vehicles
used by those present during the public gathering;
(7)
Each food truck shall be located 10 feet or more from the nearest
building;
(8)
No seating for customers shall be provided;
(9)
Adequate waste and recycling receptacles on the property shall be
provided;
(10)
The food truck vendor shall obtain all applicable licenses and
permits, including but not limited to those required by this article
and by the Andover Borough Fire Official, Sussex County Division of
Health and the Andover Borough Board of Health; and
(11)
The food truck vendor shall comply with the conditions and requirements
of the Code and applicable law, including permit, health and sanitation
requirements, food-handling licensure, and zoning requirements.
A.
The Borough Clerk may issue a food truck vendor permit on payment by the applicant of the proper fee therefor as provided in Chapter 66, Fees and submission of an application setting forth the name, address and contact information of the applicant, the address and tax block and lot of the property where food truck(s) is or are proposed to be located, and the requested effective date(s) of the permit.
B.
The Borough Clerk may deny a request for a permit on determination
that the proposed activity is not permitted by this article or that
insufficient information has been provided by the applicant to make
that determination.
C.
The issuance of a permit per this section is not evidence in and of itself of compliance with § 103-13. The food truck vendor must remain in compliance with said section at all times.
D.
A food truck vendor permit shall be effective for the time stated
thereon up to a maximum of two consecutive days.
E.
No more than four food truck vendor permits shall be issued with
regard to one property in any calendar year.
F.
A food truck vendor permit shall apply only to the food truck vendor
to whom granted and for the property indicated thereon; and it shall
not be transferable.
G.
Any food truck vendor granted a permit per this article shall have
such permit in his or her possession at all times while engaged in
said occupation and shall exhibit such permit whenever called upon
to do so.
H.
A permit may be revoked by the Borough Clerk, without requirement
of a refund of the permit fee, on determination of noncompliance with
the requirements of this article.
For a violation of any provision of this article, the maximum penalty, upon conviction, shall be as provided for in Chapter 1, General Provisions, § 1-15. Each day that such sale shall continue without being duly licensed shall be considered a separate violation. The foregoing is subject to the limitation that the maximum fine shall not exceed $500 per day.
