A.
The Township of Edgewater Park encourages the growth of mobile retail
food vendors within the Township of Edgewater Park while regulating
the side effects of this growing industry, such as parking, traffic
and waste disposal.
B.
This chapter seeks to regulate mobile retail food vendors through
the annual issuance of licenses and permits. This chapter will assist
the Township with keeping record of mobile retail food vendor business
within the Township limits.
C.
This chapter gives discretion to the Township Police Department to
limit the proximity of mobile food vendors to brick-and-mortar restaurants
to secure safe and adequately spaced sidewalks in case of a fire,
flood, and other natural or man-made disaster.
D.
This chapter seeks to limit the interaction between uses which are
incompatible in character. While serving similar purposes, selling
food to residents, mobile food trucks and brick-and-mortar restaurants
function separately and are not complementary in nature.
E.
This chapter seeks to protect the character of stable commercial
areas and to provide sufficient space in appropriate locations for
each use. The Township seeks to locate mobile food trucks in areas
to better serve mobile populations. The Township seeks to promote
a desirable visual environment through limiting the interaction of
each respective use.
F.
This chapter is not intended to effect, and shall not apply to, activities
conducted on private property.
The provisions of this chapter shall apply to mobile food operations
engaged in the business of cooking, preparing, and/or distributing
food or beverage from mobile retail food vendors on public property
within the Township of Edgewater Park.
As used in this chapter, the following terms shall have the
meanings indicated:
Any movable restaurant or retail food establishment in or
on which food and beverage are transported, stored, or prepared for
retail sale or given away at temporary locations. Only the following
shall be authorized to obtain an annual mobile retail food license
to stop and stand on public or private property, public rights-of-way
and/or public streets and sidewalks, within the Township limits, none
of which shall exceed 35 feet in length.
A.
No person holding a mobile food vendor license and/or permit shall
sell, lend, lease or in any manner transfer any interest in a mobile
retail food vendor license and/or permit.
B.
A license and/or permit holder may transfer said item as part of
the sale of a majority of the stock in a corporation holding such
a license and/or permit, as part of the sale of a majority of the
membership interests of a limited-liability company holding such license
and/or permit, or as part of the sale of a business or substantially
all of its assets, provided that there shall be no allocated or actual
value for the transfer of the license and/or permit, and provided
that:
(1)
The transferor shall notify the County Board of Health and the Municipal
Clerk Office in writing, and the transferee shall submit a mobile
retail food vendor license application and parking permit for approval,
which approval must occur prior to transfer. Licenses and permits
which are transferred prior to approval shall be null and void as
of the date and time of transfer, if not previously approved pursuant
to this section.
(2)
Any such transfer shall be subject to the terms and conditions of
the original license and/or permit.
(3)
A transfer fee of $35, payable to the Township of Edgewater Park,
and any and all application fees described in this chapter shall be
received prior to any transfer being approved.
A.
Unless otherwise specified herein, this chapter shall be enforced
by any Township Code Enforcement Officer, the Police Department, and/or
the Township Board of Health.
B.
Any mobile retail food vendor being operated without a valid mobile
retail food vendor license and/or permit shall be deemed a public
safety hazard and may be ticketed and impounded.
C.
Mobile vendor licensees shall be required to display the mobile retail
vendor license and/or permit prominently when located in a permitted
location. Being the lawful holder of a Township of Edgewater Park
mobile vendor license and/or permit shall not be a valid defense to
a citation for failure to prominently display the license in violation
of this chapter.
A.
An application for solicitor's permit along with fingerprint
and background check must be completed prior to licensure.
C.
Applicants shall as part of the initial application process provide
the following:
(1)
The make and model of vehicle, state license plate number, driver's
identification number, copy of current insurance, and copy of state
registration (motorized).
D.
License and permits shall be renewed on an annual basis.
E.
Applications for licenses and parking permits are subject to approval
at the discretion of the Police Department.
F.
Mobile vendor licensees parking on private property shall produce
written permission from the owner of said property as a part of the
initial application process.
