Township of Parsippany-Troy Hills, NJ
Morris County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Council of the Township of Parsippany-Troy Hills 10-28-1986 by Ord. No. 86:72 as Sec. 25-3 of the 1986 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Outdoor eating establishments — See Ch. 275.

§ 180-1 Adoption; public record.

[Amended by Ord. No. 2001:35; 5-13-2008 by Ord. No. 2008:12]
Pursuant to N.J.S.A. 40:49-5.1 and N.J.S.A. 26:3-69.2, the Township hereby adopts by reference Chapter 24 of the New Jersey State Sanitary Code, entitled "Sanitation in Retail Food Establishments and Food and Beverage Vending Machines," as amended, which is currently codified at N.J.A.C. 8:24-1.1 et seq. As required by law, three copies of Sanitation in Retail Food Establishments and Food and Beverage Vending Machines are on file in the office of the Township Clerk and three copies are on file in the Health Department for the use and examination of the public.

§ 180-2 License; fee.

[Amended by Ord. No. 90:56; Ord. No. 95:8; Ord. No. 98:10; Ord. No. 2001:35; 4-28-2009 by Ord. No. 2009:17; 5-15-2012 by Ord. No. 2012:18]
A. 
No person shall operate a retail food-handling establishment unless a license or renewal of an existing license to operate same has been issued by the Health Officer. Such license or renewal of an existing license shall be posted in a conspicuous place in such establishment.
B. 
Applications for new licenses and for renewal of such licenses shall be submitted, together with the required fee, prior to June 30 of each year. The licenses issued or renewed shall expire annually on June 30, with the exception of temporary food licenses. Outdoor eating establishments are subject to the provisions of Chapter 275.
C. 
The fees for a retail food establishment license, with the exception of Subsection I below, shall be assessed on the basis of the total square footage of the establishment, including storage, preparation areas, indoor and outdoor dining, according to the following schedule:
Establishment
(square feet)
Fee
0 to 1,000
$150
1,001 to 2,000
$200
2,001 to 3,000
$300
3,001 to 4,000
$400
4,001 to 5,000
$500
5,001 to 10,000
$600
10,001 to 20,000
$700
20,001 to 30,000
$800
30,001 to 40,000
$900
40,001 to 50,000
$1,000
50,001 to 75,000
$1,100
75,001 to 100,000
$1,200
Over 100,000
$1,500
D. 
In addition to the fees set forth in Subsection C above, an additional fee of $50 per service shall be charged when the establishment also contains any of the following on site:
(1) 
Bakery.
(2) 
Meat counter.
(3) 
Deli counter.
(4) 
Salad bar or raw bar (seafood/shellfish).
(5) 
Sushi bar.
(6) 
Catering delivery amounting to 25% or more of the business.
E. 
Re-inspection fee (following conditional satisfactory rating or other Division of Health related issue): no fee.
F. 
Subsequent re-inspection: $500.
G. 
Late application (received after June 30), additional fee: $100.
H. 
Fees for a retail food establishment serving only prepackaged, potentially nonhazardous foods with no food preparation on site shall be assessed on the basis of the total square footage of the portion of the establishment dedicated to such products, including storage areas, shall be as follows:
Establishment
(square feet)
Fee
0 to 2,500
$150
Over 2,500
$250
I. 
Miscellaneous establishments:
(1) 
Itinerant restaurants.
[Amended 5-24-2016 by Ord. No. 2016:10]
(a) 
Class 1 itinerant restaurants, as defined in § 180-3C(1), shall be charged a nonrefundable license fee of $400, which shall accompany the application.
(b) 
Class 2 itinerant restaurants, as defined in § 180-3C(2), shall be charged a nonrefundable license fee of $400, which shall accompany the application.
(c) 
Class 3 itinerant restaurants, as defined in § 180-3C(3), shall be charged a nonrefundable license fee of $150, which shall accompany the application.
(2) 
Vending machines (food and beverage) licenses shall be charged as follows:
(a) 
First machine: $100 per company, per location.
(b) 
Each additional machine: $20 per company, per location.
J. 
Temporary food license applications must be submitted along with the fee prior to the event for which it is needed. Fees are as follows:
(1) 
Fewer than seven days: $50.
(2) 
Seven through 14 days: $100.

§ 180-3 Itinerant restaurants.

[Added 5-24-2016 by Ord. No. 2016:10]
A. 
For purposes of this chapter, the following terms shall have the meanings indicated:
ITINERANT RESTAURANT
Any temporary establishment, motorized vehicle, or pushcart with food and/or food stuffs, either pre-prepared or packaged, or to be prepared or cooked prior to sale, including hot food stuffs, sandwiches, and beverages for sale to buyers, consumers or other persons on private property or public streets.
B. 
License required. It shall be unlawful for any temporary establishment, motorized vehicle, or pushcart that transports prepared food and/or food stuffs to be prepared or cooked prior to sale and/or beverages, to sell food or beverages within the Township without first obtaining an itinerant restaurant license.
C. 
Classes of licenses. Licenses for itinerant restaurants shall be divided into the following classes:
(1) 
Class 1: licenses for itinerant restaurants dealing only with prepackaged or wrapped foods, such as but not limited to soft drinks, candy, snacks, etc., which are packaged, wrapped, manufactured or processed outside of such establishments.
(2) 
Class 2: licenses for itinerant restaurants where food is cooked and prepared on site, regardless of whether they also offer prepackaged foods.
(3) 
Class 3: licenses for itinerant restaurants who sell frozen dairy products and frozen snacks.
D. 
Zones of operation.
(1) 
Licenses for itinerant restaurants shall be restricted to the following zones:
(a) 
Class 1. The holder of a Class 1 license may sell food and/or beverages as specified in this section in any commercial or business zone for as long as three hours in the forenoon and three hours in the afternoon of any twenty-four-hour period, subject to the hours of operation specified in this section.
(b) 
Class 2. The holder of a Class 2 license may sell food and/or beverages as specified in this section in any commercial or business zone for as long as three hours in the forenoon and three hours in the afternoon of any twenty-four-hour period, subject to the hours of operation specified in this section.
(c) 
Class 3. The holder of a Class 3 license may sell frozen dairy products and frozen snacks, as specified in this section, in any zone, provided that no sale stop shall be in excess of 10 minutes in duration in any residential zone, nor in excess of 30 minutes in any other zone, subject to the hours of operation specified in this section.
(2) 
The limitations set forth in this subsection shall not apply to operation by a licensee at any prescheduled party, fair, carnival, festival or other public or private gathering that is otherwise permitted by and operated in compliance with all applicable statutes, regulations, ordinances, and codes.
E. 
Hours of operation.
(1) 
Licenses for itinerant restaurants shall be restricted to the following hours of operation:
(a) 
Class 1. The holder of a Class 1 license may operate from 8:00 a.m. through 6:00 p.m., Monday through Friday, year-round.
(b) 
Class 2. The holder of a Class 2 license may operate from 8:00 a.m. through 6:00 p.m., Monday through Friday, year-round.
(c) 
Class 3. The holder of a Class 3 license may operate from 11:00 a.m. through dusk, but not later than 8:00 p.m., May 14 through and including September 16.
(2) 
The limitations set forth in this subsection shall not apply to operation by a licensee at any prescheduled party, fair, carnival, festival or other public or private gathering that is otherwise permitted by and operated in compliance with all applicable statutes, regulations, ordinances, and codes.
F. 
Loitering prohibited. No license holder operating from a mobile food truck or other conveyance shall remain in one location for longer than the hours of operation specified in this section plus a reasonable time to set up and take down.
G. 
Parking on public streets. When parked on a time regulated public street, an itinerant restaurant operator must obey all existing parking ordinances and when moving, the operator must comply with all state and motor vehicle laws. All licensees operating an itinerant restaurant must comply with the guidelines for parking of certain trucks, vehicles, and trailers pursuant to § 405-17 of the Township Code.
H. 
License fee and application. All applicants shall pay the license fee to the Township Clerk at the time of filing of the application. All applicants in each class shall file with the Township Clerk a sworn written application on forms to be furnished by the Township Clerk, which shall give the following information:
(1) 
The complete identity of the applicant, including full name, date of birth, driver's license number and social security number.
(2) 
The permanent home address and full local address of the applicant and any of the applicant's employees who may be vending. The applicant and all employees shall be required to submit to a background check.
(3) 
The full name, address and telephone number of the business under which the applicant and his employees will be selling, and copies of the business' articles of incorporation or certificate of formation, New Jersey business registration certificate, and sales tax authority certificate.
(4) 
A brief statement describing the name of the business and the food stuffs to be sold or distributed, the days of the week and hours of the day during which the licensed activity will be conducted, and whether the licensee will operate from a mobile food truck or conveyance, or from a fixed location, in which case the applicant shall specify the location and provide an approval from the Township Zoning Officer to operate an itinerant restaurant at that location.
(5) 
A description of the vehicle, its vehicle identification number, and its license plate number.
(6) 
A photograph of the applicant which clearly shows the head and shoulders of the applicant, without any head or face covering except for prescription eyeglasses, and shall be a minimum of 1 1/2 inches by 1 1/2 inches. The photograph shall be taken no more than 60 days immediately prior to the date of the application.
(7) 
A statement as to whether the applicant and/or any employee who will be operating the itinerant restaurant pursuant to this license has been convicted of any crime, including felonies, misdemeanors or violations of any municipal ordinance, other than traffic offenses. The statement must also include the nature of such offense and the punishment and/or penalty imposed.
(8) 
Applicable evidence regarding good character and business responsibility of the applicant, with sufficient detail so that an investigator may properly evaluate the same.
(9) 
A certificate from a licensed and practicing physician of the State of New Jersey, authorizing that the applicant and/or employee handling food to be consumed by the public, has been examined within 60 days prior to the filing of the application; and that, in the physician's opinion, the applicant and/or employee is of sound physical condition and not subject to any contagious disease, illness, or sickness which might make him unfit to sell or dispense any food or drink.
(10) 
Proof of citizenship of the United States or compliance with all requirements of the Immigration and Naturalization Laws for holding gainful employment in the United States for the applicant and each of his employees.
(11) 
Proof of insurance covering the applicant's operations underwritten by an insurance company licensed to do business in the State of New Jersey. The Township and its agents and employees shall be indemnified and held harmless from any and all claims and demands, losses, attorney's fees, and expenses arising from the permission granted, and shall be named as an additional insured. The issuing company shall notify the Township within 10 days of the cancellation of any of the policies. The applicant shall provide proof of paid-up insurance coverage, or appropriate monthly, quarterly, or semiannual proof in the case of not having paid the policy for a full year.
I. 
Investigation by the Township Police Department required for all licensees. Each application shall be referred to the Chief of Police, who shall cause an investigation to be made of the applicant's business responsibility, moral character and ability to properly conduct the licensed activity as deemed necessary by the Police Department for the protection of the public. The investigation shall include a criminal background check and fingerprinting, unless the applicant has been fingerprinted in connection with the issuance of a license by the Township within the past five years. In addition to the licensing/permit fee, the applicant shall be responsible to pay the cost of the criminal background check. The Police Department shall communicate its finding in writing to the Township Clerk not more than 30 days after the Police Department receives the results of the criminal background check based on fingerprinting. An applicant shall be denied a license if the applicant's criminal history record background check reveals a record of conviction of any of the following crimes:
(1) 
In New Jersey or elsewhere any crime as follows: aggravated assault, arson, burglary, escape, extortion, homicide, kidnapping, robbery, aggravated sexual assault, sexual assault or endangering the welfare of a child pursuant to N.J.S.A. 2C:24-4, whether or not armed with or having in possession any weapon enumerated in Subsection r. of N.J.S.A. 2C:39-3, N.J.S.A. 2C:39-4 or N.J.S.A. 2C:39-9, or other than a disorderly persons or petty disorderly persons offense for the unlawful use, possession or sale of a controlled dangerous substance as defined in N.J.S.A. 2C:35-2.
(2) 
In any other state, territory, commonwealth or other jurisdiction of the United States, or any country in the world, as a result of a conviction in a court of competent jurisdiction, a crime which in that other jurisdiction or country is comparable to one of the crimes enumerated in Subsection I(1) of this section.
J. 
Inspection by Township Health Officer required for all licenses. Prior to the issuance of a license pursuant to this section, the Township Health Officer shall make an inspection of the premises, mobile food truck, or other conveyance, to ensure compliance with all applicable health codes, as well as any other applicable statute, regulation, ordinance, or code. Within 10 days of completing an inspection pursuant to this section, the Township Health Officer shall issue a written report to the Township Clerk stating whether the premises, mobile food truck, or other conveyance can be used as an itinerant restaurant and whether the applicant has taken all necessary steps to ensure the public health, safety and welfare.
K. 
Inspection by Township Fire Official required for Class 2 licenses. Prior to the issuance of a Class 2 license pursuant to this section, the Township Fire Official shall make an inspection of the premises, mobile food truck, or other conveyance, to ensure compliance with all applicable fire prevention codes, as well as any other applicable statute, regulation, ordinance, or code. Within 10 days of completing an inspection pursuant to this section, the Township Fire Official shall issue a written report to the Township Clerk stating whether the premises, mobile food truck, or other conveyance can be used as an itinerant restaurant and whether the applicant has taken all necessary steps to ensure the public health, safety and welfare.
L. 
Issuance, term and renewal of licenses. Licenses pursuant to this section shall be issued by resolution of the Township Council. All licenses issued pursuant to this section shall have a term of one year and shall be renewed annually by submitting the documents and fees required for the issuance of a new license as specified in this section.
M. 
Denials, violations, suspensions, and hearings.
(1) 
Denial of application. Where it is found that an applicant has failed to comply with any requirement of this section, is found to have violated any statute, regulation, law or code pertaining to his operation, or is found to lack sufficient character to hold a license, or if the investigation reveals that the applicant's character, ability or business responsibility is unsatisfactory, or for convictions of disorderly persons or petty disorderly persons offenses involving moral turpitude, or if the applicant's products, services or activities are not free from fraud, the application shall be denied and the applicant so notified in writing by the Township Clerk.
(2) 
Suspension of license. Where it is found that a licensee has violated any health or fire code, or is engaging in any conduct which may present a danger to the public, including noncompliance with lawful orders of any Township official or law enforcement officer, the Township Health Officer, Township Fire Official, or any law enforcement officer is authorized and empowered to immediately suspend any license or permit issued pursuant to this section and order that the licensee cease all operations until such time as the violations are abated. The Township Health Officer, Township Fire Official, or law enforcement officer suspending the license shall present written charges to the Township Clerk describing the reasons for the suspension.
(3) 
Revocation of license. Where it is found that a licensee has repeatedly violated any health or fire code, or is engaging in any conduct which presents a clear and present danger to the public, the Township Health Officer, Township Fire Official, or any law enforcement officer is authorized and empowered to immediately revoke any license or permit issued pursuant to this section and order the licensee to cease all operations. The Township Health Officer, Township Fire Official, or law enforcement officer revoking the license shall present written charges to the Township Clerk describing the reasons for the revocation.
(4) 
Hearings. An applicant whose application has been so denied, or a licensee whose license has been so suspended or revoked may request a hearing before the Township Council by submitting a written request to the Township Clerk. Upon receipt of a written request for a hearing, the Township Clerk shall list the hearing on the agenda Township Council's next scheduled meeting. The decision of the Township Council shall be final and binding.