The provision of this chapter shall apply to mobile food operations engaged in the business of cooking, preparing, and/or distributing food or beverages from mobile retail food vendors on public property within the Township of Franklin.
[HISTORY: Adopted by the Township Committee of the Township of Franklin 9-9-2024 by Ord. No. 2024-5. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
Any movable restaurant or retail food establishment in or on which food and beverages are transported, stored, or prepared for retail sale. The term "mobile retail vendor" shall include the following:
MOBILE RETAIL MOTORIZED FOOD VENDORAn establishment that is located upon a licensed, registered, motorized vehicle from which any food, beverage, grocery item or snacks, including, but not limited to, candy, gum, soda, and bottled water, is cooked, prepared, served or otherwise offered for sale to the public.
MOBILE RETAIL NONMOTORIZED FOOD VENDORA movable, nonmotorized unit (e.g., pushcart) from which any food, beverage, grocery item or snacks, including but not limited to candy, gum, soda, and bottled water, is cooked, prepared, served or otherwise offered for sale to the public.
A.
All mobile retail food vendors operating within the Township of Franklin on public or private property shall be required to have a mobile retail food license issued by the Township of Franklin.
B.
A mobile retail food vendor license and/or permit shall not be sold, or in any manner transferred to any other entity or individual, absent the express written consent of the Township of Franklin.
C.
All applicants for a license shall submit the following documentation:
(1)
Certificate of registration issued by the N.J. Division of Taxation;
(2)
Proof of ownership or rental of an approved vehicle or pushcart;
(3)
Proof of general liability insurance providing a minimum of $1,000,000 coverage for nonmotorized mobile food vendor vehicles;
(4)
Proof of motor vehicle insurance as per N.J.S.A. § 39:6B-1 if the mobile food vendor operates from a motor vehicle in addition to proof of general liability insurance providing a minimum of $1,000,000 coverage;
(5)
A Type 2 propane permit if the vehicle or pushcart is carrying more than five pounds of propane.
A.
Mobile retail motorized food vendor business license. The application fee for a license or any renewal of a license shall be $500. The license shall be valid for a period of one year from the date of issuance.
B.
Mobile retail motorized food vendor parking permit.
(1)
Mobile retail motorized food vendors operating within the Township of Franklin are required to purchase an annual parking permit. Permits are available as follows:
Time Length (weekly) | Annual Amount |
|---|---|
4 days | $1,600 |
7 days | $2,500 |
(2)
There shall be a one-day license that shall have an application/license fee of $100. One-day licenses shall be limited to four per individual or entity per year.
C.
Mobile vendor licensees shall be required to display the mobile retail vendor license/permit prominently in a location visible to customers and the public at large.
A.
Unless otherwise specified herein, this chapter shall be enforced by any Code or Zoning Enforcement Officer of the Township of Franklin.
B.
Any license issued under the terms and provisions of this chapter may be suspended or revoked by the Township Committee of the Township of Franklin whenever it shall appear that the licensee is operating the mobile food concession in a disorderly or improper manner, including, but not limited to, operating in an unsanitary manner, generating excess noise, generating trash and debris, or in any other fashion that would constitute a nuisance. A licensee shall be served with notice of any intent to revoke a license and shall have the opportunity to have a hearing before the Mayor and Township Committee, upon written request.
A.
Mobile retail food vendors shall not provide or allow any dining area, including but not limited to tables, chairs, booths, bar stools, benches, and standup counters.
B.
The Town reserves the right to temporarily move any mobile retail food vendor to a nearby location for emergency purposes as determined in the sole discretion of the Town.
C.
The sale of any product other than food and drinks shall be expressly prohibited. This shall include, but shall not be limited to, the sale of cigarettes or any form of electronic smoking device and alcoholic beverages of any form.
D.
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.
E.
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.
F.
No mobile food vendor shall serve food or drink to a motorist or occupants of a vehicle blocking the passage of traffic.
G.
No mobile food vendors shall occupy street space blocking the passage of traffic.
H.
Mobile food vendors vehicle and pushcarts shall be self-contained; no coolers shall be placed on streets or sidewalks.
I.
Grills, generators, or other items related to the mobile food vending operation shall be physically attached to the vehicle or pushcart.
J.
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.
K.
All motorized vehicles must abide by all existing traffic regulations.
L.
No mobile food vendors shall operate in any area where parking of motor vehicles is prohibited, restricted or regulated. Such areas shall include, but not be limited to, sidewalks, bus stops, taxi stands, fire hydrants, parking metered areas, loading zones, areas where parking is prohibited, such as from the corner of an intersection as indicated by curb markings, areas reserved for physically handicapped motor vehicle operators, crosswalks, driveways and any other areas so restricted, prohibited or regulated for the parking of motor vehicles.
A.
The license of a person who violates any provision of this chapter or the applicable provisions of Chapter 24 of the State Sanitary Code may be revoked or suspended upon 10 days' notice served upon the licensee. Said notice shall contain the specific provision of this chapter or of the State Sanitary Code which has been violated and the specifications which shall constitute the violation. Suspensions/revocations for non-health-related reasons may be appealed to the Township Committee. Suspensions/revocations for sanitary/health reasons may be appealed to the Franklin Township Board or Health or its designee. Any licensee of a mobile food vendor whose license has been revoked shall not be qualified to receive a new license or have said license restored to said person.
B.
In addition to license suspension or revocation, any person violating any provision of this chapter shall, upon conviction thereof before the Municipal Court, be subject to a fine not exceeding $1,000. The amount of such fine shall be determined by the sound discretion of the Municipal Judge. In addition to the aforementioned penalties, and as provided for herein, violations of this chapter may subject the license to suspension or revocation as provided for herein.