[HISTORY: Adopted by the Township Council of the Township of Brick 9-25-1979 by Ord. No. 163-A-79 (Ch. 243 of the 1989 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Nuisances — See Ch. 293.
[Amended 11-28-2006 by Ord. No. 37-06]
The provisions of Chapter 12 of the New Jersey State Sanitary Code (N.J.A.C. 8:24-1.1 et seq.) pertaining to retail food establishments and food and beverage vending machines shall be enforced in the Township of Brick.
Notwithstanding the adoption of Chapter 12 of the New Jersey State Sanitary Code herein by reference, the following regulations shall supersede the provisions of said code pertaining to mobile food-vending units, but only to the extent that they are inconsistent therewith:
A. 
The mobile unit interior shall be of sufficient size, with equipment and fixtures conveniently located, so as to eliminate needless steps for operation of equipment and serving of customers.
B. 
A potable water supply tank, having a minimum capacity of 30 gallons, heated electrically or otherwise, and tilted toward a capped drain cock, shall be provided. The water inlet pipe shall be of removable flexible copper or other tubing approved by the Township of Brick, with the nozzle for hose connection capped when not being used. A hose for connection to a potable water supply shall be provided and shall be equipped with an approved vacuum breaker and check valve.
C. 
A seamless double compartment sink, supplied with running hot and cold water, which shall have a swivel faucet, shall be provided, and it shall be large enough to accommodate the largest piece of equipment to be cleansed therein.
D. 
A seamless hand-wash sink with running hot and cold water, soap and single-service individual towels or mechanical hand dryer shall be provided.
E. 
A suitable waste tank with an adequate method of gauging the contents and having a capacity at least equal to the capacity of the water supply tank shall be provided and shall be tilted toward a drain cock. It shall be emptied and flushed as often as necessary in a sanitary manner in order to maintain sanitary conditions.
F. 
A refrigerated box that shall maintain a temperature of 45° F. or below and be equipped with an indicating thermometer, of stainless steel or other noncorrosive material, of ample capacity, the floor of which is pitched towards a center drain, shall be provided for various ingredients carried, with metal racks or platforms provided to store ingredients.
G. 
Floors shall be of metal or similar approved material and be properly sloped. Junctures of floor, wall and adjoining fixtures shall be watertight and covered.
H. 
A refuse container with cover must be available for the deposit of papers and other solid wastes by customers and operators and must be so constructed, designed and placed so that it can be readily used, cleaned and kept clean, and located where it will not create a nuisance.
I. 
Mobile units operating after dark shall be well lighted with at least 30 footcandles of light intensity on all working surfaces.
J. 
Notice shall be posted in the service area of the mobile unit with instructions as to proper handling of food materials and containers, proper cleansing of equipment, utensils and appurtenances and proper waste disposal.
K. 
Persons handling food shall be clothed in clean, washable uniforms, preferably white ones.
L. 
Serving windows shall be glassed or screened and shall be kept closed at all times except when being used to serve customers.
M. 
A hose and hose connection equipped with a vacuum breaker shall be provided for supplying water to the mobile unit, as well as a method of handling the hose for draining to prevent contamination.
N. 
Suitable covered storage facilities or containers shall be provided for all refuse and waste, which must be removed daily.
O. 
Every mobile unit shall be of such acceptable material and construction as to enable it to be readily cleaned, shall be installed in an acceptable manner and shall be provided with a close-fitting cover where required.
P. 
The water supply shall be adequate, of a safe sanitary quality and derived from an approved source. Cold water and hot water, of a temperature not less than 140° F. under pressure, shall be provided in all processing and washing areas.
Q. 
All residues shall be removed from equipment after use each day, and product contact surfaces shall be sanitized just prior to use each day. Interior surfaces contacted by foods shall be completely disassembled daily for cleaning; however, installations and methods used for cleaning equipment without disassembling the same may be utilized by approval of the Township of Brick.
R. 
After cleaning and sanitizing, all product contact surfaces of equipment and all utensils shall be so stored and handled as to be protected from contamination.
[Amended 10-23-1979 by Ord. No. 163-B-79; 11-28-2006 by Ord. No. 37-06]
It shall be unlawful for any person, firm, association or corporation to conduct a temporary retail food establishment, mobile food establishment and/or food-vending unit, agricultural market or other retail food establishment of any kind as defined in and governed by Chapter 12 of the New Jersey State Sanitary Code established by this chapter without first having procured a license from the Township Clerk to do so or without complying with all of the provisions concerning the operation and maintenance of the same as contained in the aforementioned Chapter 12 of the New Jersey State Sanitary Code. A license issued on or after the effective date of this chapter shall expire on November 30 next following the date of the issuance of such license. Applications for licenses to be issued under this chapter shall be made on forms supplied by the Township Clerk.
[Added 3-25-2008 by Ord. No. 15-08]
A fee of $50 shall be payable to the Township Clerk of the Township of Brick for the issuance of each license issued pursuant to this chapter.
[1]
Editor's Note: Former §  201-4, License fee, was repealed 10-10-2006 by Ord. No. 31-06. See now § 324-7.
A. 
Any license issued under the terms and provisions of this chapter may be suspended or revoked by the Township of Brick for any of the following reasons:
(1) 
The licensee has violated any provision of this chapter or of Chapter 12 of the New Jersey State Sanitary Code.
(2) 
The licensee has violated any law of the United States, the State of New Jersey or any ordinance of this municipality affecting the licensee's right to said license.
(3) 
Any person operating the retail food establishment is of an unfit character to conduct the same.
(4) 
The purpose for which the license has been issued is being abused to the detriment of the public.
(5) 
The business, trade, calling, profession or occupation of the person, firm, association or corporation to whom such license was issued is conducted in a disorderly or improper manner or is being used for a purpose foreign to that for which the license was issued.
B. 
A license issued under the terms and provisions of this chapter shall not be revoked, canceled or suspended until a hearing thereon has been held by the Township of Brick. 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. The written notice of said hearing shall be served upon the licensee personally or mailed to said licensee by certified mail, return receipt requested, at the business address appearing upon the license of said licensee. At the hearing before the Township of Brick, the person aggrieved shall be given a full opportunity to be heard. Upon completion of the hearing, the Township may either dismiss the complaint, revoke or suspend the license or take whatever action may be necessary to implement the purposes and intent of this chapter and the code adopted hereby.
C. 
If any such license shall be revoked, neither the holder thereof nor any person, firm, association or corporation acting on behalf of the licensee, directly or indirectly, shall be entitled to another license to carry on the same business within Brick Township unless a new application for such license shall be approved by the Township of Brick.
No provision of this chapter shall be applied so as to impose any unlawful burden on interstate commerce or any activity of the state or federal governments.
[Amended 3-14-1989 by Ord. No. 666-89]
Any person who violates any provision of this chapter, the code established hereby or order promulgated hereunder shall, upon conviction thereof, be liable to the penalties as provided in Chapter 1, § 1-15, General penalty, for each violation. Each day a particular violation continues shall constitute a separate offense.