[HISTORY: Adopted by the Township Committee
of the Township of Wall 11-8-1978 as Sec. 5-6 of the Revised General
Ordinances. Amendments noted where applicable.]
[Adopted 7-10-2024 by Ord. No. 7-2024]
A license granted to craft brewing and/or craft distilleries
who desire to utilize food trucks on-site as permitted by law.
A license granted to a food vendor who wishes to cater food
in collaboration with craft brewing and/or distilleries.
A license granted to food truck vendors who intend to operate
in collaboration with craft brewing and/or distilleries.
A license granted to establishments on an annual basis who
do not meet the requirements of the Health Department to prepare food
on-site.
A registered motorized vehicle and which is able to be operated
on the public streets of the State of New Jersey, in which ready-to-eat
food is cooked, wrapped, packaged, processed or portioned for sale
or distribution. For purposes of this chapter, "food truck" shall
also include the use of standalone cooking apparatuses.
[Amended 7-10-2024 by Ord. No. 7-2024]
It shall be unlawful for any person or any body
corporate to conduct a retail food establishment as defined in and
governed by N.J.A.C. 8:24-1 et seq. without first having procured
a license from the Township so to do or without complying with any
or all of the provisions concerning operation and maintenance of the
same as contained in the aforementioned N.J.A.C. 8:24-1 et seq.
Fees for annual licensing of retail food establishments
are hereby fixed as follows:
A.
Fee schedule.
[Amended 7-10-2024 by Ord. No. 7-2024; 9-10-2024 by Ord. No. 13-2024]
|
Nonrefundable Application Fees
| |||
|---|---|---|---|
|
Annual Licenses
| |||
|
Establishment Type
|
Fee
|
Late Fee
| |
|
Ice cream truck
|
$100 per year
|
$50
| |
|
Establishments Other than Licensed Restaurants
| |||
|
Establishment Type
|
Fee
|
Late Fee Days 1 to 30
|
Late Fee Day 31 and After
|
|
Minimum fee all establishments
|
$100 per year
|
$50
|
$100
|
|
Between 4,000 and 10,000 square feet
|
$225 per year
|
$75
|
$150
|
|
Over 10,000 square feet
|
$425 per year
|
$100
|
$200
|
|
Restaurants
| |||
|
Establishment Type
|
Fee
|
Late Fee Days 1 to 30
|
Late Fee Day 31 and After
|
|
Seating capacity up to 50
|
$100 per year
|
$50
|
$100
|
|
Seating capacity from 51 to 100
|
$150 per year
|
$75
|
$150
|
|
Seating capacity over 100
|
$250 per year
|
$100
|
$200
|
|
Brewery/Distillery
| |||
|
Establishment Type
|
Fee
|
Late Fee Days 1 to 30
|
Late Fee Day 31 and After
|
|
Annual brewery/distillery license
|
$1,000 per year
|
$500
|
$1,000
|
|
Temporary Licenses
| |||
|
Food Vendor
|
Fee
|
Penalty
| |
|
Temporary food application: license lasting one week in duration
or less
|
$100 per week
|
$200 per week when applied to less than 21 calendar days in
advance but no less than 7 calendar days
| |
|
Brewery food truck license: license lasting one weekend in duration
or 1 day of the weekend
|
$100 per weekend; $75 per day
|
$200 per weekend when applied to less than 21 calendar days
in advance but no less than 7 calendar days;+n $200 per day when applied
to less than 21 calendar days in advance but no less than 7 calendar
days
| |
|
Brewery catering vendor license
|
$50 per day
|
$100 per day when applied to less than 21 calendar days in advance
but no less than 7 calendar days
| |
B.
Food license late fee; reinspection fee.
(1)
A late fee charge will be levied by the Township on those food establishment
owners and/or operators who do not renew their license on the anniversary
date. The late fee charge will be in addition to the cost of the establishment's
annual food licensing fee.
[Amended 7-10-2024 by Ord. No. 7-2024]
(2)
If, upon reinspection, the establishment is rated conditional or
below for the same or similar violation, there will be a reinspection
fee of $100. Establishments are still subject to additional penalties
upon inspector's discretion.
C.
All public primary, elementary and secondary schools shall be exempt
from the fees set forth herein.
[1]
Editor's Note: The provisions of this ordinance
are retroactive to 1-1-2007.
[Amended 7-10-2024 by Ord. No. 7-2024]
Any license issued under the terms and provisions
of this chapter shall expire on December 31 of each year and may be
suspended or revoked by the Township and/or the Health Department
of the Township for the violation by the licensee of any provision
of this chapter or the Retail Food Establishment Code of New Jersey
(1965) or whenever it shall appear that the business, trade, calling,
profession or occupation of the person to whom such license was issued
is conducted in a disorderly or improper manner or in violation of
any law of the United States, the State of New Jersey, or any ordinance
of this Township, or that the person conducting the retail food establishment
is of an unfit character to conduct the same, or that the purpose
for which the license has been issued is being abused to the detriment
of the public, or is being used for a purpose foreign to that for
which the license was issued.
[Amended 7-10-2024 by Ord. No. 7-2024]
A license issued under the terms and provisions
of this chapter shall not be revoked, canceled or suspended until
a hearing thereon shall have been had by the Health Department. Written
notice of the time and place of such hearing shall be served upon
the licensee at least three days prior to the date set for such hearing.
Such notice shall also contain a brief statement of the grounds to
be relied upon for revoking, canceling or suspending such license.
Notice may be given either by personal delivery thereof to the person
to be notified or be deposited in the United States Post Office in
a sealed envelope, postage prepaid, addressed to such person to be
notified at the business address appearing upon the license. At the
hearing before the Health Department, the person aggrieved shall have
an opportunity to answer and may thereafter be heard, and upon due
consideration and deliberation by the Health Department, the complaint
may be dismissed, or if the Health Department concludes that the charges
have been sustained and substantiated, it may revoke, cancel or suspend
the license held by the licensee.
[Amended 7-10-2024 by Ord. No. 7-2024]
If any such license shall have been revoked,
neither the holder thereof nor any person acting for him, directly
or indirectly, shall be entitled to another license to carry on the
same business within the Township unless the application for such
license shall be approved by the Health Department and the Township.
No provision on this chapter shall be applied
so as to impose any unlawful burden on either interstate commerce
or any activity of the state or federal government.
[Amended 7-10-2024 by Ord. No. 7-2024]
No license for a retail food establishment shall
be issued until the Township Clerk is in receipt of verification that
all real property taxes and assessments pertaining to the property
on which the retail food establishment is located are current and
that no such taxes or assessments are then due and owing.
[Added 7-10-2024 by Ord. No. 7-2024]
All establishments and mobile food establishments shall comply
and delineate accordingly via application with the provisions set
forth in N.J.A.C. 8:24 regarding the handling and processing of food.
A.
Mobile food establishments operating on Township property shall procure
a certificate of insurance liability where Wall Township is to be
named as additionally insured in the minimum amount of $1,000,000.
General liability insurance shall be required for all mobile food
establishments. Workers' Compensation shall be required for anyone
other than owner-operated vendors.
B.
For mobile food establishments operating on private property where
admission is open to the general public, licensees shall obtain authorization
from the Land Use Department.
C.
Mobile food establishments shall comply with the provisions of the
Wall Township Fire Prevention Bureau.
[Added 7-10-2024 by Ord. No. 7-2024; amended 9-10-2024 by Ord. No. 13-2024]
A.
All craft brewing and/or distilleries in accordance with New Jersey
law shall apply on an annual basis for the annual brewery food truck
license on an application prescribed by the Township.
B.
The application shall be accompanied by a survey/site plan, in the
sole discretion of the Township Engineer, conforming to the following:
(1)
The survey/site plan shall accurately show all improvements on the
property.
(2)
Location of the food truck(s) shall be clearly identified on the
plan.
(3)
The food truck's (trucks') location shall not interfere
with any parking spaces designated for customers/employees.
(4)
The food truck's (trucks') location shall not block any
vehicular access aisle or fire lanes.
(5)
The applicant shall confirm that the food truck(s) shall be utilized
only by patrons of the premises. No person(s) shall be permitted to
purchase food that are not patrons of the premises.
C.
Food trucks who receive an annual license in accordance with this
chapter may be permitted sell food at craft brewing and/or distilleries,
in accordance with New Jersey law, between the hours of 1:00 p.m.
and 8:00 p.m. on Saturday and 1:00 p.m. and 8:00 p.m. Sunday only.
[Added 7-10-2024 by Ord. No. 7-2024; amended 9-10-2024 by Ord. No. 13-2024]
A.
A brewery food truck license shall only be issued to mobile food
trucks operating in collaboration with craft brewing and/or distilleries.
B.
No license for a brewery food truck license shall be issued until
the Township has issued the annual brewery food truck license to the
establishment.
C.
All mobile food trucks shall submit a completed application, as prescribed
by the Township, within 21 calendar days prior to the date of the
event but no less than seven calendar days. The application shall
include all necessary documentation and shall comply with the provisions
set forth in N.J.A.C. 8:24 regarding the handling and processing of
food.
[Added 7-10-2024 by Ord. No. 7-2024; amended 9-10-2024 by Ord. No. 13-2024]
All establishments that do not meet the requirements of the
Health Department to prepare food on-site but would like to have food
catered shall annually apply for a catering license.
A.
A brewery catering vendor shall make application as prescribed by
the Township at least 21 calendar days prior to the catering date
but no less than seven calendar days.
[Added 7-10-2024 by Ord. No. 7-2024]
A.
A brewery catering vendor shall submit a copy of their current annual
food license from the municipality that the business is located in,
in addition to their valid food safety certificate, and the date(s)
on which they will be catering.
