[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:
BASE OF OPERATIONS
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.
ITINERANT RETAIL FOOD HANDLING ESTABLISHMENT
Any food establishment/vendor that is temporary or mobile in nature that is not a permanent fixed facility.
MOBILE CLASS A
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.
MOBILE CLASS B
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.
SPECIAL FIRE PERMIT
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.
TEMPORARY FOOD OPERATOR
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.
B. 
Mobile Class A vendors may not operate on any property that fronts along the following roadways:
(1) 
State Highway No. 36.
(2) 
State Highway No. 35.
(3) 
Middletown-Lincroft Road.
(4) 
Route 520/Newman Springs Road.
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.
I. 
Mobile class vendors whose primary place of business is located within the Township shall be exempt from the fees imposed under § 240-36 of the Township Code.
[Added 4-22-2024 by Ord. No. 2024-3411]
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.
Any person adjudicated as having violated any provision of this article shall be subject to the penalties in Chapter 1, General Provisions, § 1-4, of this Code.