[Adopted 7-17-2023 by Ord. No. 2023-3378]
The following Code provisions shall govern the permitting and
operation of all itinerant retail food handling establishments operating
within the Township.
The purpose of this article is to protect the public's health
and general welfare by licensing and regulating itinerant retail food
handling establishments.
As used in this article, the following terms shall have the
meanings indicated:
A permanent fixed facility that is currently licensed as
a retail or wholesale food establishment and is currently under a
satisfactory rating by any local or state health authority in New
Jersey.
Any food establishment/vendor that is temporary or mobile
in nature that is not a permanent fixed facility.
Any food vendor that parks and operates at the location of
an existing business or a park subject to appropriate approvals. The
mobile unit must be self-contained (sinks, water, wastewater, power,
etc.), have a base of operations, and meet all aspects of N.J.A.C.
8:24.
Any food vendor that operates along routes throughout the
Township borders. The mobile unit must maintain mobility, only stopping
to serve customers, after being flagged down or pulling into a facility
where customers come out to be served. The vehicle may only stand
while serving those customers and must continue on their route immediately
after serving the last customer. At no time will the stoppage be more
than 15 minutes. The mobile unit must have a base of operations and
meet all aspects of N.J.A.C. 8:24.
Permit received via application for special fire inspection
as per N.J.A.C. 5:70. The permit for itinerant retail food handling
establishments is valid for one day, up to and not to exceed six consecutive
days of operation where the establishment remains on site. The permit
is not valid for intermittent days of operation during the time frame
of application.
Any food vendor that continually operates for a specific
amount of time; day one of the event and consecutive days up to the
final day of the event, not to exceed six consecutive days, and meets
all aspects of N.J.A.C. 8:24. All food must be prepped and cooked
on-site or at a licensed retail/wholesale facility.
No person or entity shall maintain or operate an itinerant retail
food handling establishment without obtaining the following:
A.
Zoning permits are required for mobile Class A vendors, and may be
required for other types. Development permit applications are available
at the Township Building Department. No application fee shall be charged
for a zoning permit being applied for under this article.
[Amended 4-22-2024 by Ord. No. 2024-3411]
B.
A Mobile/TFE license. Applications are available at the Township
Health Department.
C.
A special fire permit. Applications are available at the Township
Fire Prevention Bureau.
A.
Written permission from property owner, specifying date(s) of operation.
B.
Separate containers for the proper disposal of both garbage and recycling;
and removal of same.
C.
May require additional review and information at the request of the
fire official to ensure no traffic hazard or parking stalls are obstructed
at the site.
D.
Mobile Class A vendors must notify the Department of Health of the
location a minimum of three days' prior to start of operation.
A.
All foods served by itinerant retail food handling establishments
must be prepared on-site and/or at a base of operations. No home prepared
foods may be served or given away unless otherwise specifically permitted
by law.
C.
Mobile Class A vendors may not operate within 1,000 feet from any
property line containing an establishment with a retail food handlers
license.
D.
Mobile Class B vendors must maintain mobility. The vehicle may only
stand while serving customers and must continue their route immediately
after serving the last customer. At no time will the stoppage be more
than 15 minutes.
E.
No itinerant retail food establishment may operate in any fire zone or fire lane as established in § 254-9 of the Township code, or interfere with traffic flows, parking spaces or in any way cause a traffic hazard.
F.
No itinerant retail food establishment may operate on any vacant
lot.
G.
Itinerant retail food handling establishments at private parties
shall not operate without first obtaining a permit from the Middletown
Township Police.
H.
No itinerant retail food establishment may operate on any Township
property without the prior written approval, permitting, and inspection
procedure from the Township.
Any license and/or permit issued hereunder may be suspended
by the Township for any infraction or violation of the terms of the
license and/or permit, or any of the Township ordinances or state
and federal statute, or falsification in applying for a license and/or
permit. The suspension shall become effective immediately and shall
state that opportunity for a hearing will be given at a time, within
16 days from date of notice, before the Township Committee, which,
upon a finding of such violation, may revoke the license, and, in
event of failure of the licensee to appear, the license shall automatically
be revoked and canceled.
