[HISTORY: Adopted by the Township Committee of the Township of Bordentown as indicated in article histories. Amendments noted where applicable.]
[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.
[1]
Editor's Note: Original Sec. 8.16.010, Establishment of code, of the 2003 Municipal Code, which immediately preceded this section, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[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.
A. 
No person shall operate a food handling establishment without a business license as in conformity with the provisions of this chapter and Chapter 214, Business Licenses. In addition to the business license requirements of Chapter 214, food-handling establishments must also provide:
(1) 
Proof of inspection by the Burlington County Department of Health in connection with the care and handling of food to prevent nuisances and the spread of disease.
(2) 
A supplemental fee set forth in Chapter 260, Fee Schedule.
B. 
No person shall operate a mobile food facility without a mobile food facility license valid for 60 days after issuance which may be renewed for one additional consecutive 60-day period with the approval of the Community Development Director. An applicant for a mobile food facility license must submit the following:
(1) 
The name of the mobile food business and mailing address.
(2) 
The name, address and contact information of the applicant. (If a corporation, give names and address of the president and secretary; if a partnership, give the names and addresses of all partners.)
(3) 
The address, block and lot at which the mobile food facility will be conducting business.
(4) 
The date(s) and times the mobile food facility will be conducting business. The list of dates and times may be updated during the license period.
(5) 
Written consent from the property owner authorizing the mobile food facility to conduct business on the property.
(6) 
A valid fire safety permit from the Bordentown Township Fire Official.
(7) 
Proof of inspection by the Burlington County Department of Health in connection with the care and handling of food to prevent nuisances and the spread of disease.
(8) 
Proof of general liability insurance providing a minimum of $1,000,000 of coverage.
(9) 
Proof of motor vehicle insurance as per N.J.S.A. 39:6B-1 if the mobile food vendor operates from a motor vehicle, in addition to proof of general liability insurance providing a minimum of $1,000,000 of coverage.
(10) 
The mobile food facility fee as set forth in Chapter 260, Fee Schedule.
C. 
A health inspection certification issued by another board of health or health officer is not transferable unless authorized by the County of Burlington Health Department.
A. 
It shall be unlawful for temporary mobile food retail establishments, as defined by this chapter, to engage in any business within the Township without first having received a mobile food facility license from the Township Clerk.
B. 
The application must be approved by the Zoning Official prior to license issuance.
C. 
Mobile food facilities shall not be in operation before 7:00 a.m. or after 10:00 p.m. This period does not include setup or breakdown operations.
D. 
No amplified music or loudspeakers shall be permitted.
E. 
Mobile food facilities shall not obstruct or interfere with the free flow of vehicle or pedestrian traffic and shall not park in any fire lane, access aisles, minimum required front, side or rear yard setback, sidewalk, sight triangle or public right-of-way.
F. 
Mobile food facilities shall not occupy any state or county roadway or right of way without approval from the New Jersey Department of Transportation or Burlington County Traffic Operations.
G. 
Mobile food facilities shall not verbally solicit business from pedestrians or persons in vehicles and shall not sell to persons in vehicles.
H. 
No lighting shall be provided, except localized lighting may be used on or in the mobile food facility for the purpose of inside food preparation and menu illumination.
I. 
Mobile food facilities shall not display any signs other than those exhibited on the mobile food facility unless approved by the Zoning Officer in accordance with Township codes.
J. 
Mobile food facilities shall provide at least one trash receptacle and one recycling receptacle for use by patrons in a convenient location that does not impede vehicular or pedestrian traffic. All litter or debris within a minimum of fifty-foot radius of the mobile food facility shall be collected and removed by the mobile food facility operator(s).
K. 
The mobile food facility license, the fire inspection certificate and the sanitary certificate issued by the Burlington County Department of Health all must be displayed in a conspicuous location.
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.