[Added 6-10-2025 by Ord. No. 25-06]
A. Definitions. The definitions of words and phrases defined in N.J.A.C. 8:24-1.5 shall govern the meaning of such words and phrases used in this section, except as indicated otherwise.
ANNUAL MOBILE FOOD LICENSEA license granted by the health department to sell food and drink from a mobile unit. The license holder is permitted to sell food and drink from a mobile unit at approved special events so long as the licensee has been invited to attend by the event organizer. Licenses expire December 31st and are renewable annually.
APPROVED SPECIAL EVENTAn event whereby the public is invited and where the event organizer is seeking to offer the community a social event or fundraising activity located on private nonresidential or public property, which has been approved by Mayor and Council.
EVENT ORGANIZERAn individual or entity that is organizing, sponsoring or otherwise holding a special event. Said individual or entity must submit a special event permit application to the Borough Clerk. Event organizers shall acknowledge they have obtained, or will obtain, all necessary municipal approvals, including but not limited to fire department, health department, police department, recreation department and planning and zoning departments where applicable.
MOBILE FOOD VENDORThe owner or operator of a food truck, food trailer or food cart, pushcart, or the owner's agent, whether such food or beverages are prepared on-site or prepared elsewhere and transported to the site of the sale.
MOBILE FROZEN DESSERT LICENSEA license granted by the Board of Health to sell prepackaged frozen desserts only, from a mobile unit on a seasonal basis not to exceed 120 days. Successfully passing a criminal background check by the local police department is a condition of licensure.
B. Construction of section. The provisions established pursuant to this section are subject to the enabling authority of the State of New Jersey and are subject to compliance with all state and federal statutes and regulations. If any provision of this section is inconsistent with the statutes and/or regulations of the State of New Jersey or of the federal government, the state or federal statutes and regulations shall prevail. Nothing in this section shall be construed to supersede any applicable federal or state laws.
C. Penalty. In addition to revocation or suspension, any civil and/or other penalties authorized by law, this chapter or the Borough Code, any person found to be in violation of any provision of this section shall, upon conviction thereof, be punished in accordance with §
261-66. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.
D. Exemptions from section. The provisions of this section shall not apply to religious or charitable or nonprofit organizations that are not subject to regulation and inspection by the Board of Health.
E. Enforcement of state regulations. The enforcement by the local health authority of the state regulations concerning retail food establishments is provided for in N.J.A.C. 8:24-1.1 et seq.
F. License required.
(1) No person shall operate as, or engage in the business or activity of, a Mobile Food Vendor, as defined and governed this section and by N.J.A.C. 8:24-1.1 et seq., within the Borough of Rockaway without first having obtained a Mobile Food License from the Board of Health of the Borough of Rockaway and a permit for an Approved Special Event issued by the Borough for a specified time and location of the approved event.
(2) Mobile Food Licenses may be obtained upon the following conditions:
(a) Submission of the required application, as well as payment of the applicable license fee per §
261-63, at least 14 days prior to the Approved Special Event.
(b) Licenses may only be used during such specified time, and at such specified fixed location, as is expressly authorized pursuant to a permit for an Approved Special Event issued by the Borough. Mobile Food License holders shall only be permitted operate for the specified time and at the specified fixed location identified in the permit for the Approved Special Event and are not permitted to operate and engage in business freely about the Borough. No license is required for purely private events at private residences or other activities that are not subject to regulation and inspection by the Board of Health under state statute or regulation or Borough ordinance.
(c) All Mobile Food Vendors shall be subject to inspection by the Board of Health. License applicants must submit to an inspection during normal business hours at the Rockaway Borough Municipal Building or other mutually agreeable location. The local health authority reserves the right to conduct future sanitary inspections while the vehicle is in use at Approved Special Events. The fee for each reinspection required due to a conditional or unsatisfactory rating shall equal the original license fee established in §
261-63.
(3) Special event permit. Any Event Organizer seeking to hold an event whereby a Mobile Food Vendor or vendors will be present shall apply for and obtain a Special Event Permit in accordance with §
215-2.
G. Fees.
(1) The license fees for retail food establishments shall be in accordance with the fee schedule in Article
XVI.
(2) The fee for reinspection necessitated by a conditional or unsatisfactory rating given at an initial inspection of a Mobile Food Vendor shall be in the same amount as the original license fee applicable to Mobile Food Vendors.
H. Suspension or revocation.
(1) Generally. Any license issued under this section may be suspended, revoked or denied for good cause upon determination of a violation or failure to comply with a material term or provision of this section, the license issued hereunder, or applicable federal or state statute or regulation or Borough ordinance.
(2) Hearing. Prior to suspension or revocation of the license issued under this section, written notice setting forth the basis of the violation or noncompliance for which the suspension or revocation of the license is proposed and of the right of an opportunity for a hearing, shall be issued to the licensee who may, within 10 days of receipt of such notice, request a hearing by service of a written request on the Board of Health.
(3) Any person or entity aggrieved by the denial of an application for a license as provided in this section or by the suspension or revocation of a license as provided in this section may request a hearing thereon by service of a written request on the Board of Health within 10 days of the receipt of the decision by which applicant or licensee is aggrieved. Said hearing request shall contain a general statement of the decision by which the applicant or licensee is aggrieved and reasonably describe the basis upon which the decision is being contested. Upon receipt of such request, the Board of Health shall fix a time and place for such a hearing, which shall be no later than 30 days from the date of receipt of the request, unless otherwise agreed. At the time of the hearing, the applicant or licensee may be represented by counsel and shall be afforded full opportunity to be heard, challenge the basis of any findings and reasons cited for denial, suspension or revocation of the license, present such evidence and testimony as applicant or licensee may deem appropriate and otherwise show cause as to why the proposed action should not be taken. Upon conclusion of the hearing, the Board of Health shall render a decision either on the record, if applicable, or, in writing, within 30 days.
(4) Reissuance of license after revocation. If any such license shall have been revoked, neither the holder thereof nor any person acting for such holder, directly or indirectly, shall be entitled to another license to carry on the same business within the Borough unless the application for such license shall be approved by the Board of Health.
I. Term; renewal. Licenses issued or approved under the provisions of this section shall expire annually on December 31.