The purpose and intent of this article is to establish regulations relative to permitting food vendors to operate and conduct business within the Township while minimizing the side effects on parking, traffic and waste disposal, among other impacts.
As used in this article, the following terms shall have the meanings indicated:
FOOD TRUCK VENDOR
Any person, whether or not a resident of the Township of Monroe, who travels in a self-sustained food truck to sell food, approved by the Board of Health, to patrons and licensed in the Township.
MOBILE RETAIL MOBILIZED FOOD VENDOR
A food establishment that is located on a motorized vehicle, licensed and registered by the New Jersey Department of Motor Vehicles, where food or beverage is cooked, prepared and served for individual portion service. The maximum length of the vehicle with attachments shall not exceed 40 feet in length.
MOBILE RETAIL PREPACKAGED FOOD VENDOR
A food establishment that is located on a motorized vehicle, licensed and registered by the New Jersey Department of Motor Vehicles, where prepackaged food or beverage is served for individual portion service. The maximum length of the vehicle with attachments shall not exceed 40 feet in length.
A. 
It shall be unlawful for any person, firm or corporation to engage in the business of a food vendor within the corporate limits of the Township without first obtaining a license in conformity with the provisions of this article. In addition, the licensee must comply with state and county requirements regulating mobile retail food establishments.
B. 
Licenses are nontransferable; any change in ownership requires immediate submission of an application pursuant to § 230-27.
A. 
The annual license fee for a food vendor license shall be $100 per year. The license year shall be from January 1 to December 31 of the filing year of the application. Said fee shall not be prorated for any portion of any calendar year.
B. 
Upon approval, an ID fee of $25 shall be paid by the applicant.
The fee requirements set forth in § 230-25, insofar as same shall apply to fees for food truck vendors, shall be held not to include the following persons, who are hereby expressly exempt from its application:
A. 
Persons honorably discharged from the military services of the United States possessing a food vendor license issued in conformity with N.J.S.A. 45:24-9 and 45:24-10.
B. 
Any person who is an exempt fireman of a volunteer fire department, as defined by N.J.S.A. 45:24-9 and 45:24-10, possessing a license in conformity with said law.
All applications for a new license shall be made by the sole owner, partner or corporate officer to or through the licensing officer upon forms provided. Each application shall contain, at a minimum, the following along with any other information deemed necessary:
A. 
A statement as to whether the applicant has been convicted of the violation of any municipal ordinance other than traffic offenses and, if so, the date and place of conviction, the nature of the offense and the punishment or penalty imposed.
(1) 
The Chief of Police, who shall cause to be made such investigation of the applicant as deemed necessary for the protection of the public's welfare.
B. 
Valid registration for vehicles to be licensed, proof of insurance for vehicles to be licensed pursuant to § 230-27B(1), and a copy of the applicant's valid driver's license issued by the State Department of Motor Vehicles.
(1) 
Proof of an insurance policy issued by an insurance company licensed to do business in the State of New Jersey protecting the registrant and the Township from all claims or damages to property and bodily injury, including death, which may arise from operations under or in connection with the food vendor. Such insurance shall name as an additional insured the Township and shall provide that the policy shall not terminate or be cancelled prior to the expiration date without 30 days of advance written notice to the Township. The minimum amounts of the insurance to be maintained are: personal injury, $100,000 per person, $500,000 per occurrence; property damage, $100,000; and proof of general liability insurance providing a minimum of $1,000,000 coverage (combined single limit each occurrence).
C. 
Permanent and local address of the applicant.
A. 
When the application is properly filled out and signed by the applicant, it shall be the duty of the Chief of Police or his designee to investigate and verify the statements made therein. The fingerprint portion of a criminal background investigation will be completed by a state contract approved vendor and shall be submitted to the Chief of Police or his designee. Within five business days upon receipt of the complete criminal background investigation, the Chief or his designee shall indicate approval or disapproval in writing upon the application to the Office of Emergency Management. The Chief of Police or his designee may, upon review of the application, refuse to issue a permit to the applicant for any of the following reasons:
[Amended 3-27-2024 by Ord. No. O:12-2024]
(1) 
The location and time of the activities described in the application would endanger the safety and welfare of the applicant, its customers, or the citizens of the Township;
(2) 
The applicant has previously violated a peddling or soliciting ordinance;
(3) 
The applicant has a record of breaches of solicited contracts;
(4) 
Other concrete evidence of bad character;
(5) 
An investigation reveals that the applicant falsified information on the application;
(6) 
The applicant has been convicted of a felony, misdemeanor or ordinance violation involving a sex offense, trafficking in controlled substances, or any violent acts against persons or property; or
(7) 
The applicant is a person against whom a judgment based upon, or conviction for, fraud, deceit or misrepresentation has been entered within the five years immediately preceding the date of application.
B. 
The Chief of Police or designee shall notify the applicant of the Chief of Police's decision. In case of approval, the Chief of Police or designee upon the payment of the prescribed license fee, shall execute and deliver to the applicant his license and notify the Office of Emergency Management of the same. A separate license must be obtained for every agent or employee working for any person. The Chief of Police or designee shall notify the applicant to contact the Office of Emergency Management to begin the process of the creation of their license badge or card.
A. 
No food vendor shall have an exclusive right to any location, nor shall it be permitted to operate in any congested area where its operations might impede or inconvenience the public. For the purpose of this article, the judgment of a police officer, exercised in good faith, shall be deemed conclusive as to whether the area is congested or the public impeded or inconvenienced.
B. 
A licensee shall be permitted to remain in one specific location on a public roadway listed in § 230-29B(1) for a period of three hours. Once the licensee has remained in that location for the maximum permissible time or for any less period of time, the licensee shall move to a new location which shall not be within 250 feet of their previous location. No licensee is permitted to be located within 50 feet of another licensee, unless at a Township-sponsored or Township-permitted event.
[Amended 5-22-2024 by Ord. No. O:21-2024]
(1) 
Peddling and soliciting license is not permitted to be in the parks unless permitted/approved through Parks and Recreation.
C. 
No food vendor shall operate or be parked on any public roadways situated within any residential subdivision.
A. 
No person shall sell or offer for sale their food products upon Township roadways or any of the items listed in § 230-23 before 10:00 a.m. or after 5:00 p.m. The Township Police Department shall enforce the said time provisions.
B. 
Food vendors are limited to conducting their business upon the public roadways, streets and highways of the Township where parking is legally permitted.
C. 
No food vendor shall operate within 500 feet of any permanent food establishment that has been issued a mercantile license by the Township.
D. 
No food vendor shall operate or be parked in any area where parking of motor vehicles is prohibited, restricted or regulated.
It shall be the duty of any police officer of the Township to require any person seen operating as a food vendor, and who is not known by such officer to be duly licensed, to produce their license to operate as a food vendor and to enforce the provisions of this article against any person found to be violating the same.
Nothing contained within this article shall preclude the Township from the hiring or engaging of licensed food vendors for special events in any quantity as they deem fit. The Township may at its discretion utilize public property, public recreation facilities, streets and/or sidewalks for such events.
The equipment used or employed by licensed vendors of ice cream, food, beverages, confections and other related commodities shall be maintained in a clean and sanitary manner and be subject to the inspection of the Gloucester County Board of Health or its authorized agents. Any violation found and not immediately corrected shall be grounds for revocation of the license.
A. 
The license shall be posted in a conspicuous place on the vehicle licensed under this article. In addition to the Township-issued license, the food vendor must display prominently their certificate of registration issued by the New Jersey Division of Taxation and any and all certificates issued by the Gloucester County Board of Health.
B. 
Cleanup and removal of litter generated by the food vendor and its patrons shall be the responsibility of the food vendor. The area to be cleaned will be a 100-foot radius of where the food vendor is parked. Collected trash must be removed by and properly disposed of by the food vendor. Disposal in public trash receptacles is an unacceptable method of disposal.
C. 
Food vendors shall provide refuse and recycling receptacles in readily accessible locations for the use of customers within 10 feet of their site. Receptacles shall be emptied as often as necessary to prevent spillage. Refuse and recycling receptacles shall be removed upon leaving the location.
D. 
All food items for sale must be approved by the Gloucester County Board of Health.
E. 
All products sold, disposed of or offered for sale under this article shall comply with all state laws and ordinances of the Township relating to food and food products.
F. 
Food vendors shall not provide for or allow and/or permit any seated dining area, including but not limited to tables, chairs, booths, barstools, and benches, but may allow stand-up counters at any location.
G. 
The Township reserves the right to temporarily displace any food vendor for emergency purposes as determined in the sole discretion of the Township Police Department.
H. 
Food vendors shall comply with all ordinances, laws and regulations relating to noise in effect by the Township, county, and/or state.
I. 
All motorized vehicles must abide by all existing traffic and parking regulations promulgated by the Township, county, and/or state.
J. 
Food truck vendor vehicles shall be solely used for the commercial use of food service and shall not contain sleeping quarters.
K. 
Grills, generators, or other items related to the motorized food truck operation shall be physically attached to the vehicle.
The licensee shall submit a permit application to the Bureau of Fire Prevention in accordance with the New Jersey Division of Fire Safety and § 141-9.
Violation of any provision of this article shall, upon conviction thereof, be punished by a minimum fine of $100 or a maximum of $2,000 or by imprisonment for a term not exceeding 90 days or by a period of community service not exceeding 90 days. Each and every violation shall be considered a separate violation. Any person who is convicted of violating the provisions of this article within one year of the date of a previous violation and who was fined for the previous violation may be sentenced by the court to an additional fine as a repeat offender. The additional fine imposed as a repeat offender shall not be less than the minimum or exceed the maximum fine provided herein, and it shall be calculated separately from the fine imposed for the violation of this article.
Any license or permit issued by the Township under Chapter 230 may be revoked by the Township Council after notice and a hearing for any of the following causes:
A. 
Fraud or misrepresentation in any application for a permit or license.
B. 
Fraud, misrepresentation or other dishonesty in the conduct of the licensed activity.
C. 
A violation of any provision of this article.
D. 
Conviction of the licensee for any felony or high misdemeanor or a misdemeanor or disorderly person's offense involving moral turpitude.
E. 
Conduct of the licensed activity, whether by the licensee himself or his agents or employees, in an unlawful manner or in a manner that constitutes a breach of the peace or a menace to the public health, safety or general welfare.
Notice of a hearing for the revocation of a license or permit shall be given, in writing, by the Township Clerk. The notice shall specifically set forth the grounds upon which the proposed revocation is based and the time and place of the hearing. It shall be served by mailing a copy to the licensee at his last known address by certified mail, return receipt requested, at least five days prior to the date set for the hearing.
At the hearing the licensee shall have the right to appear and be heard, to be represented by an attorney, to present witnesses in his own behalf, to cross-examine opposing witnesses and to have a permanent record made of the proceedings at his own expense. The Township Council shall revoke or suspend the license if it is satisfied by a preponderance of the evidence that the licensee is guilty of the acts charged.
The Township Council may issue another license to a person whose license has been revoked or suspended as provided in this article if, after a hearing, it is satisfied by clear and convincing evidence that the acts which led to the revocation or suspension will not occur again; otherwise, no person whose license has been revoked or suspended, nor any person acting for him, directly or indirectly, shall be issued another license to carry on the same activity.