[HISTORY: Adopted by the Township Committee of the Township of Middle 12-18-2023 by Ord. No. 1687-23. Amendments noted where applicable.]
The Township of Middle shall hereby create regulations regarding the operation of mobile food trucks and mobile food vendors within the Township of Middle.
As used in this chapter, the following terms shall have the meanings respectively ascribed to them in this section:
MOBILE FOOD TRUCK
Any automobile, truck or motor-powered vehicle engaged in the business of selling cooked or prepared food to persons.
MOBILE FOOD VENDORS
A mobile food vendor is anyone who sells food, beverages or wares from a vehicle such as a truck, van, or pushcart, whether such food or beverages are prepared on-site or prepared elsewhere and transported to the site of the sale. Includes any movable restaurant or retail food establishment in or on which food or beverages are transported, stored, or prepared for retail sale or given away at temporary locations. Note: This term does not apply to mobile caterers who are engaged in the business of transporting, in motor vehicles, food and beverages to residential, business, and industrial establishments pursuant to prearranged schedules and dispensing from the vehicles the items to and for the convenience of the personnel or occupants of such establishments.
MOBILE RESTAURANT LICENSE
Any license issued under this chapter for either a mobile food truck or a vehicular vehicle.
A. 
No mobile food truck or other vehicle engaged in the business of selling cooked or prepared foods in the Township shall operate within the Township without first having obtained a license to do so. Such license shall be issued by the Township Clerk as of January 1 of each year and expire on December 31 of the year in which issued.
B. 
No person shall conduct, operate or maintain a transient merchant vehicle or mobile food vendor vehicle without first obtaining a certificate to do so from the Cape May County Department of Health and shall provide a copy to the Clerk's Office during the application process.
C. 
The annual fee for a mobile restaurant license issued or renewed shall be $75 for each year or portion thereof, and such licenses shall be under the charge and control of the applicant applying therefor, and the applicant shall be responsible for the operation of the vehicle so licensed to the applicant.
Each vehicle licensed under the terms of this chapter shall have displayed in a conspicuous place fully visible to the public the license issued.
A. 
When stationary, mobile food vendors shall provide trash and recycling receptacles within 10 feet of their site and shall collect all trash and debris within 25 feet before leaving their site. Collected trash must not be deposited in public trash receptacles.
B. 
No mobile food vendors shall occupy the street and the sidewalk at the same time, i.e., park a motorized vehicle in the street and dispense food from the sidewalk or set up a pushcart on the sidewalk and dispense food in the street.
C. 
New or replacement mobile food vendor trucks, vans or other vehicles trucks shall be inspected before operating. No changes shall be made to approved mobile food vendor trucks, vans, pushcarts or vehicles without re-inspection by the Department of Health and any other applicable agency as required by law.
D. 
All mobile food vendors that prepare food using fuel-fired appliances or a freestanding generator shall be required to obtain a Fire Safety Permit from the applicable Bureau of Fire Safety as per the Uniform Fire Code and shall provide a copy of said approval during the application process.
E. 
No mobile food vendor shall serve food or drink to a motorist or occupants of a vehicle blocking the passage of traffic.
F. 
No mobile food vendors shall occupy street space blocking the passage of traffic.
G. 
Mobile food vendor vehicles and pushcarts shall be self-contained; no coolers are to be placed on streets or sidewalks.
H. 
No mobile food vendor shall provide in-truck dining services or sidewalk tables and chairs.
I. 
Mobile food vendors must have a portable water tank/sink for hand washing attached to their vehicle as per N.J.A.C. 8:24-5.3.
J. 
All motorized vehicles must abide by all existing traffic, parking, and zoning regulations.
K. 
No mobile food truck shall be placed on any public property without prior approval by the appropriate governing body.
L. 
Conditions for operation.
(1) 
No mobile food truck shall operate within the Township of Middle without meeting the following conditions:
(a) 
Mobile retail food establishments that operate within the Township must have obtained the required license as listed in this chapter and must maintain all other licenses and approvals necessary to lawfully operate as a mobile retail food establishment within the Township.
(b) 
Mobile retail food establishments shall not operate at any one location for more than 12 hours in one twenty-four-hour period.
(c) 
The mobile retail food establishment shall avoid creating conflicts with pedestrian or motor vehicle traffic or creating other public safety problems.
(2) 
Residential properties:
(a) 
Mobile retail food establishments shall obtain and have on file available for review, a lease agreement or contract between a private residential property owner and the mobile food vendor.
(b) 
At a private function on residential property vendors may only serve food to invited guests at the private event and may not sell to any other members of the public.
(3) 
Commercial properties:
(a) 
Mobile retail food establishments shall obtain and have on file available for review, a lease agreement or contract between a commercial business owner and the mobile food vendor.
(b) 
All mobile retail food establishment services shall only be issued under the following conditions:
[1] 
The period of operation on the same property shall not exceed a maximum of five consecutive days, and there shall be at least seven days between events at the same location.
[2] 
The mobile retail food establishment unit may not remain at the location for longer than the duration indicated above, without the property owner obtaining site plan approval from the Middle Township Zoning Department.