[HISTORY: Adopted by the Township Committee
of the Township of Westampton 12-9-2003 by Ord. No. 21-2003. Amendments
noted where applicable.]
GENERAL REFERENCES
Board of Health — See Ch. 43.
The Burlington County Health Department shall
be the administrative authority to exercise the powers prescribed
by this article.
Pursuant to the authority contained in N.J.S.A. 26:3-69 through 26:3-69.6, the Board of Health of Westampton Township, as described in Chapter 43, does hereby adopt the new rules and standards governing food manager training as an ordinance operative within the Township regulating training for managers of potentially hazardous food-handling establishments.
The provisions adopted by this article are described
and commonly known as "Food Manager Training."
The provisions hereinafter contained and enacted
are in pursuance of and for the purpose of:
As used in this article, the following terms
shall have the meanings indicated:
Any food, food product, drink or drink product, wholly or
partially prepared, meant for human consumption.
Any person who owns or is employed by a wholesale or retail
food establishment who directs, oversees and supervises the procedures
used by the establishment to prepare and store food that is served
and/or purchased by the general public.
Foods which could cause serious health problems or illness,
if not stored, processed and prepared properly.
A business, store, restaurant, or any establishment that
is or partially is involved in the preparation of food that is sold
directly to the general public. This includes leased and subleased
establishments, food vendors and kiosks that prepare food, as well
as wholesale food businesses where the products are purchased and
put directly for sale to the public. This does not include private
or public schools, associations, nonprofit organizations, the Township
Recreation Department or civic groups that prepare and/or sell food
on an occasional basis for fundraising purposes.
[Amended 9-17-2019 by Ord. No. 7-2019]
A.
Every retail food establishment shall be required
to have at least one food manager, with food sanitation and safety
training, to supervise food preparation on the premises. Food establishments
that do not have any on-site preparation of potentially hazardous
foods are exempt from this requirement.
B.
Upon request, the owner/manager of a retail food establishment
shall provide to the Burlington County Health Department and/or local
Board of Health satisfactory proof that, at a minimum, the manager
of the establishment shall have taken and passed an approved course
in food sanitation and safety.
A.
The training course must be a minimum of eight hours
and must be approved by the Burlington County Health Department. The
following are also acceptable:
B.
Food managers shall satisfactorily complete a refresher
course approved by the Burlington County Department of Health in food
safety and sanitation every three years.
C.
The food manager certification shall be prominently
posted on the premises.
A.
Minimum penalty. There shall be a minimum penalty
of a fine fixed at an amount not less than $100.
B.
Maximum penalty. For violations of any provisions
of this article, the maximum penalty, upon conviction, shall be a
fine not exceeding $1,000.
C.
Separate violations. Each and every day in which a
violation of any provision of this article exists shall constitute
a separate violation.
D.
It shall be the responsibility of the Burlington County
Health Department (as the authorized agent of the local Board of Health)
to enforce this article.
E.
If a facility does not meet the requirements of this
article, the Burlington County Health Department, with the consent
of the local Board of Health, can grant a temporary waiver of six
months, provided immediate action is taken to ensure compliance with
this article.
[Added 10-20-2020 by Ord.
No. 17-2020]
A.
Mobile food facilities shall be permitted as an accessory use in
all zones.
B.
Mobile food facilities shall require a completed and approved vendor
application.
C.
Mobile food facilities shall require zoning approval. Failure to
provide such information as indicated below shall result in a denial
of zoning approval.
D.
The following additional design standards shall apply to mobile food
facilities:
(1)
The proposed lot must have an existing active principal use.
(2)
The requirements for mobile food facilities operation area are as
follows:
(a)
Space must be a minimum of 20 feet by 40 feet.
(b)
Minimum setback from the right-of-way shall be three feet.
(c)
Minimum setback from property lines shall be 15 feet or 50 feet
if adjoining lot is residential.
(d)
An area cannot encroach upon the required minimum parking for
the principal use on the lot.
(e)
Shall not be within 50 feet of any fire hydrants or Fire Department
connections.
(f)
Shall not interfere with the safe flow of traffic or pedestrian
movement.
(g)
Shall not interfere with accessible routes or accessible parking
areas.
(h)
Shall not place any signage outside the approved area of operation.
E.
The following items shall be submitted on the plan for zoning review
and approval:
(1)
A survey or plot plan showing all information necessary to accurately
depict existing conditions, the proposed location of the mobile food
facility area of operation, and how the proposed use will function
on the site. Information shall include, but not be limited to, the
following:
(a)
The location of all existing and proposed structures, including
buildings and utility poles;
(b)
Surrounding driveways, sidewalks, ADA facilities, and parking
areas, including number of parking spaces;
(c)
Details of pedestrian and vehicular circulation;
(d)
Proposed storage location for mobile food facility;
(e)
Surrounding uses and natural features;
(f)
Provisions for or access to sanitary facilities for merchants
and employees.
(2)
Plan for managing trash and litter generated during operations and
removal of same at the close of business daily.
(3)
Signage plan.
(4)
Lighting details, including existing and proposed.
(5)
Details of ancillary activities, including but not limited to seating
and tables, where space permits outside of the public right-of-way.
(6)
Any other information deemed necessary for approval.
(7)
Details of food preparation, including but not limited to:
(a)
Food preparation details.
(b)
Anticipated food menu.
(c)
Floor plan of mobile food facility illustrating equipment location.
(d)
Specification sheets for all proposed equipment.
(e)
Colored rendering of mobile vendor vehicle wrap.
(f)
Review and approval from the Burlington County Department of
Public Health.
(g)
Review and approval and an inspection from the Westampton Fire
Department.
F.
Except as otherwise provided by specific exception in this article,
persons subject to this article, including persons claiming an exemption
from the requirement of the municipal licensing, shall not:
(1)
Station, place, set up or maintain wares adjacent to any sidewalk
if to do so would place him closer than 200 feet to another vendor
who is selling adjacent to the sidewalk, or in the public right-of-way.
(2)
Station, place, set up or maintain its wares or equipment in such
a way as would restrict, obstruct, interfere with or impede the pedestrian's
right-of-way; restrict, obstruct, interfere with the use or enjoyment
from the abutting property; create or become a nuisance; increase
traffic congestion, cause or increase traffic delay or hazards; cause
or create or constitute a danger to life, health, or property; sell
food, drinks, ice cream or confections of any kind for immediate consumption
unless he has available for public use his own litter receptacle which
must be attached to his cart or vehicle which shall be clearly marked
and maintained for his patronage use, nor shall any mobile food facility
leave any location without first picking up, removing and disposing
of any trash or refuse remaining from sales made by him.
(3)
Station, place, set up or maintain its wares closer than 50 feet
from the curbline or end of pavement of intersecting streets.
(4)
Place its wares in such way as would reduce the unobstructed pedestrian
right-of-way on a sidewalk to less than six feet.
(5)
Engage in business within 25 feet of any location where the curb
has been depressed to facilitate pedestrian or vehicle movement.
(6)
Engage in business on any sidewalk or along any street within 50
feet of any fire hydrant, or within 25 feet of any crosswalk, bus
stop, or a driveway.
(7)
Place its wares in front of the display windows or signs of fixed-location
businesses, nor shall they be within 20 feet from the entrance door
to a fixed-location business.
(8)
Operate in such a manner as to restrict the continued maintenance
of a clear passageway for vehicles or pedestrians.
(9)
Solicit, conduct business with or sell to persons in motor vehicles.
(10)
Leave its wares unattended at any time or store, place or leave
the same overnight on any sidewalk or public way of the Township.
(11)
Engage in business within 200 feet of the grounds of any church,
synagogue or other house of worship while same is in session.
(12)
Use or operate any loudspeaker, public address system, sound
amplifier, horn, bell, radio, record player, tape player, CD player,
musical instrument or any similar device used to attract attention,
entertain the public. The operator of the mobile food facility may
listen to music within the truck as long as the sound level is contained
within the mobile food facility.
(13)
Sell from any one site or area for a period of more than four
hours, including time for setup and breakdown of a mobile food facility.
After four hours, the mobile food facility must move to a new location
at least 300 feet away from where he was doing business or cease doing
business. No vendor may return to the same location in any calendar
day. No vendor shall place any object, sign, or person nor take any
action designed to reserve a location for their use. Any such object
may be removed and kept as evidence of a violation by any person,
who shall promptly surrender it to the police.
(14)
Place its wares other than on a mobile food facility, whether
it be a cart, single table no larger than 96 inches long by 48 inches
wide by 72 inches high or display unit similar to a table which shall
occupy a space no larger than 32 square feet.
(15)
Engage in business within 300 feet of any fixed place of business
selling substantially similar merchandise; a food vendor shall not
operate within 300 feet of a restaurant.
G.
Appearance and maintenance of mobile food facilities.
(1)
All mobile food facilities shall be properly maintained to the same
standards as any licensed cooking facility, including proper refrigeration,
and food safety regulations.
(2)
Mobile food vehicles must be operated and properly maintained in
accordance with all applicable motor vehicle and transportation codes.
H.
Lighting. To the greatest extent feasible, mobile food facilities
shall utilize existing surrounding light to avoid creating additional
lighting and glare conditions onto adjacent properties. Additional
lighting may be permitted where needed, which shall be adequately
shielded to eliminate light spillage onto adjacent streets, travel
ways, properties and uses. The Township Engineer and Construction
Official must each agree to this provision considering items such
as, but not limited to, spillage, wiring, power sources and general
safety.
I.
Trash. One trash receptacle is required for each mobile food vendor,
and all solid waste shall be disposed of and removed on a daily basis.
J.
Signage. No identification signage beyond vehicular signage shall
be permitted. No mobile food facility shall display more than two
exterior informational signs not to exceed two square feet each.
(1)
Any display or offer of sale within the public right-of-way or no
more than two feet from the mobile food facility is prohibited;
(2)
All signage must be in accordance with Code provisions that regulate
signage within the Township and not be placed in right-of-way;
(3)
All vehicular signs shall be in accordance with state motor vehicle
standards.
