[Adopted as Ch. 8.16 of the 2003 Municipal Code]
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A. With regard to machines or devices offered for public use which, upon insertion of a coin, coins, or token, or by other means dispenses unit servings of food or beverage, either in bulk or package, without the necessity of replenishing the devices between each vending operation, it is unlawful for any person, whether as principal or agent, clerk or employee, either for that person or for any other person, or for any corporation, or as an officer of any corporation, or otherwise, to maintain within the boundaries of its business entity in the Township one or more such machines or devices without first having obtained an addendum to the business license issued by the Township Clerk pursuant to Chapter
214, Business Licenses.
B. Every application for a license under this chapter shall be made in conjunction with a business license, and shall provide, in addition to the requirements of Chapter
214, Business Licenses, the name and description of every machine proposed to be licensed, the number of licensed machines to be located on the premises described in the application, and the name and address of the owner of each such machine.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
The license fee for each machine governed by this article shall be set forth in Chapter
260, Fee Schedule.
No provision of this article shall be applied so as to impose
any unlawful burden either on interstate commerce or on any activity
of the state or federal governments.
Any person violating any provision of this chapter shall, upon conviction, be subject to the penalty set forth in Chapter
1, Article
II, General Penalty, of the Code of the Township of Bordentown.
[Adopted as Ch. 8.40 and Ch. 8.41 of the 2003 Municipal Code;
amended 6-28-2021 by Ord. No. 2021-09; amended in its entirety at time of adoption of Code (see
Ch. 1, General Provisions, Art. I)]
As used in this article, the following terms shall have the
meanings indicated:
CATERING ESTABLISHMENT
A retail food establishment or other place at which food
is or shall be prepared or served in the Township of Bordentown, which
prepares or serves or both prepares and serves food under contract
to persons, groups, organizations and parties at places not generally
open to the public as food establishments except under lease, contract
or invitation, whether or not such place is at the premises usually
occupied by the catering establishment.
FOOD
Includes any substance used or intended to be used as food
or drink for human consumption.
INDUSTRIAL ESTABLISHMENT
A retail food establishment operated by a person, firm or
corporation not primarily in the business of retail food sales, which
establishment is and shall continue to be operated on a nonprofit
basis solely for the use and benefit of the employees of such person,
firm or corporation in the hours during which such employees are actually
engaged in the business of such person, firm or establishment.
MOBILE FOOD FACILITIES
A van, truck, towed trailer, or pushcart, from which prepared
foods are sold which operates at a location for more than 10 minutes.
NONSEATING ESTABLISHMENT
A retail food establishment where food is or is intended
to be sold in an unprepared or merely partly prepared condition for
further preparation and consumption at a time and place different
from the time and place of sale. The fact that a nonseating establishment
sells food capable of being consumed at the time and place of sale
shall not render the same a seating establishment if the substantial
portion of sales made and intended to be made are of the type hereinbefore
described as those made by a nonseating establishment.
RETAIL FOOD-HANDLING ESTABLISHMENT
Any fixed restaurant, coffee shop, cafeteria, short-order
cafe, luncheonette, grill, tearoom, sandwich shop, soda fountain,
tavern, bar, cocktail lounge, nightclub, roadside stand, industrial
feeding establishment, retail bakery, meat market, delicatessen, grocery
store, public food market or similar place in which food or drink
is prepared or processed for human consumption be it for on- or off-premises
consumption.
SEATING ESTABLISHMENT
A retail food establishment at which food is or is intended
to be sold for consumption at the time and place of sale, whether
or not seats for the use of patrons are actually supplied.
The following activities shall be exempted from the licensing
requirements for a mobile food facility, but may require other licensing
or permitting:
A. Single-family residential property
owners may invite a mobile food facility for one day for private parties.
B. Ice cream vendors going from place to place or from street to street soliciting orders. Ice cream vendors and the like must apply for a solicitation and peddling permit under Chapter
399, Peddling and Soliciting, Article
I, Peddlers and Solicitors.
C. Mobile food facilities that serve
a site that is actively under construction pursuant to a valid building
permit and do not vend to the general public during their stop.
This chapter shall be enforced by the Police Department, Code
Enforcement Officer, Zoning Officer, Fire Marshal or Health Officer.
Any person violating any provision of this chapter shall, upon conviction, be subject to the penalty set forth in Chapter
1, Article
II, General Penalty, of the Code of the Township of Bordentown.