[HISTORY: Adopted by the Township Council of the Township of Medford 6-19-2018 by Ord. No. 2018-14. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
FOOD VENDING VEHICLE
Includes all vehicles and carts from which food and foodstuffs are offered for retail sale or delivery to consumers or other persons on the public sidewalks, streets and highways, also including all peddlers and solicitors within the scope of Chapter 113, entitled "Peddling and Soliciting."
A. 
No person shall offer any food for sale from a food vending vehicle in the Township without first obtaining a license therefor from the Burlington County Health Department, and providing a copy of same to the Township Clerk, and a permit from the Township as set forth herein.
B. 
Any person offering any food for sale from a food vending vehicle in the Township pursuant to a license therefor from the Burlington County Health Department shall present proof to the Township that he or she is a citizen of the United States or a legal resident eligible to hold gainful employment in the United States. Every such person shall further be required to present to the Township a certificate of registration from the Director of the Division of Taxation of the New Jersey State Department of Treasury. Finally, every such person who possessed a license during the preceding year shall present proof to the Township of payment of New Jersey sales tax required pursuant to N.J.S.A. 54:32B-1 et seq.
The fees to be collected by the Township Clerk for the permit for operation of a food vending vehicle in the Township are set forth in Chapter 71, entitled "Fees and Licenses."
A. 
Any person offering any food for sale from a food vending vehicle in the Township pursuant to a license therefor from the Burlington County Health Department and the permit issued by the Township pursuant to this chapter shall post such permit and license in a conspicuous place on the food vending vehicle.
B. 
Cleanup and removal of litter generated by the food vending vehicle and its patrons shall be the responsibility of the food vending vehicle owner/operator.
C. 
All food items must be approved for sale by the Burlington County Health Department and shall be prepared according to Burlington County Health Department's specifications and also in accordance with N.J.A.C. 8:24 et seq.
D. 
All machinery used in the preparation of food items must be approved by the Burlington County Health Department. All vehicles must be equipped with an inverter generator for noise control, with a maximum decibel rating to be established by the Township Manager or the Manager's designee and periodically updated based on experience with food vending vehicles in the Township.
E. 
All products sold, disposed of or offered for sale under this chapter shall comply with all state laws and ordinances of the Township relating to food and food products.
F. 
The hours of operation of food vending vehicles subject to the provisions of this chapter shall not be earlier than 10:00 a.m. and not later than 9:00 p.m. the same day, and only on days specified by the Township Manager pursuant to the permit issued pursuant to Subsection H, below.
G. 
The sale or attempted sale of goods from a food vending vehicle shall be prohibited except in areas on Main Street and/or Union Street in Medford Village specified by the Township Manager pursuant to the permit issued pursuant to Subsection H, below. In no event shall a food vending vehicle be located on a portion of a sidewalk or roadway abutting a restaurant or food licensee on Main Street and/or Union Street.
H. 
The Township Manager (or the Manager's designee) shall establish the dates, hours of operation, permitted location and number of all food vending vehicles to be authorized in the permits issued pursuant to this chapter, and subject to the following conditions:
[Amended 9-4-2018 by Ord. No. 2018-17]
(1) 
Food vending vehicles shall be permitted not more than twice per month, and not on weekends (Saturday or Sunday).
(2) 
The maximum number of food vending vehicles to be permitted at any one time or event in the Township shall be established by the Township Manager (or the Manager's designee), and each food service vehicle shall serve a different variety of food.
(3) 
In the event that more vending vehicle operators seek to apply for a permit on a day than permitted by the Township Manager in Subsection H(2) above, or if more than one operator offering the same variety of food seeks to apply for a permit, the Township shall maintain a rotating list of food vending vehicles, and permits shall be issued on a rotating basis, provided that any food vending vehicle operator violating any term, condition or provision of this chapter shall thereafter be prohibited from applying for a permit.
A. 
Any person who violates any provision of this chapter shall, upon conviction thereof, be punished by a fine of not less than $100 and not exceeding $1,000, by imprisonment for a term not exceeding 90 days or by a period of community service for not more than 90 days, or any combination thereof. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.
B. 
In addition to the penalties set forth herein, any person operating a food vending vehicle or cart who violates any provisions of this chapter, or the applicable provisions of Chapter 24 of the New Jersey State Sanitary Code, the food vending vehicle shall be deemed a public safety hazard. Accordingly, in the instance of such violation, the food vending vehicle in question may be impounded (and, in the instance of an operator not bearing the required license, shall be impounded) by either the Medford Township Police Department or the Burlington County Health Department. In the event that any such vehicle is impounded, the food vending vehicle may be redeemed by the person upon payment of the cost of impounding and any applicable storage charges. The said storage charge and cost of impounding shall be the same as are established for the impounding of motor vehicles.