[Amended 5-2008; 10-20-2020 by Ord. No. 20-2573]
A. Definition. For purposes of this section, a "mobile food vendor"
is defined as anyone who sells non-prepackaged prepared food or beverages
from a nonpermanent location to the public-at-large, whether such
food or beverages are prepared on site or prepared elsewhere and transported
to the site of the sale. It includes, but is not limited to, anyone
who sells such food or beverages from a vehicle, whether motorized
or nonmotorized, such as a truck, van, trailer, or pushcart. It does
not include:
(1) A vendor selling fresh, uncut fruits and/or vegetables at a community
farmer's market.
(2) Deliveries of food to customers from a licensed retail food establishment
operating from a fixed location.
(3) The sale of ice cream, ice cream products, water ices or frozen confectionary products, which is regulated by Chapter
227 of the Borough Code.
(4) The sale of prepackaged food and beverages (except hot coffee, cocoa
and tea).
B. Annual mobile food vendor license required.
(1) All mobile food vendors are required to obtain an annual mobile food
vendor license from the Department of Health, along with any other
approvals required by this section or any other provision of the Borough
Code, before commencing the sale of any food or beverages with the
Borough of Bergenfield. Mobile food vendor licenses are valid for
a 365-day period (or 366 days in the event of a leap year) from the
date of issuance.
(2) The annual Department of Health license fee is $150.
(3) There shall be a maximum of 10 mobile food vendor licenses available.
If the license maximum is reached, the Department of Health shall
offer any licenses that thereafter become available because an existing
license holder's license has been revoked or non-renewed to a
new applicant on a first-come, first-served basis. The Department
of Health shall maintain a waiting list and notify the prospective
applicant on the top of the list that a license has become available,
and at such time the prospective applicant shall have five business
days from notification to either file an application for the license
or be removed from the waiting list.
(4) At any time a mobile food vendor is conducting the sale of food or
beverages within the Borough, the mobile food vendor shall prominently
display copies of 1) the annual mobile food vendor license issued
by the Department of Health; 2) a certificate of registration issued
by the New Jersey Division of Taxation; and 3) the operating permit
allowing the mobile food vendor to serve food and beverages at a particular
location, issued by the Department of Health.
(5) Mobile food vendor licenses are not transferrable and may not be
sold or leased to any other party.
(6) Mobile food vendors are subject to random inspections by the Department
of Health at any time they are serving food or beverages within the
Borough.
C. Application process.
(1) Before issuing a mobile food vendor license, the Department of Health
shall obtain all information and documentation necessary in its judgment
to ensure that the applicant is prepared to meet all of the requirements
of the New Jersey State Sanitary Code and is capable of safe and sanitary
operation.
(2) The applicant must provide documentation that at least one person
working for the mobile food vendor is a certified food protection
manager, or holds a food handler's certificate issued by an organization
recognized by the State of New Jersey to provide certified food protection
manager training.
(3) If the mobile food vendor intends to serve food or beverages from
a vehicle, whether motorized or nonmotorized, such as a truck, van,
trailer or pushcart, proof of ownership of the vehicle must be supplied,
along with proof of general liability insurance with at least $500,000
in coverage. If the vehicle is motorized, proof of motor vehicle insurance
as required by N.J.S.A. 39:6B-1 must be supplied. The Department of
Health shall inspect and approve any vehicle to be used in the operations
of a mobile food vendor before issuing a mobile food vendor license.
D. Fire permits required for certain operations. All mobile food vendors
shall comply with any requirements established by the Fire Department
and as set forth by the New Jersey Uniform Fire Code to ensure that
the operations of the mobile food vendor do not present a fire hazard.
Any mobile food vendor using any flame in its operations or utilizing
a tent or canopy 30 or more feet in length must pay the applicable
fee (as established by the New Jersey Department of Community Affairs)
and obtain a Type I permit issued by the Bergenfield Fire Department,
Bureau of Fire Prevention before commencing operations. If an inspection
is required during nonbusiness hours of the Bureau of Fire Prevention,
the mobile food vendor shall pay a $100 surcharge in addition to the
applicable fee. The Fire Department is empowered to conduct safety
checks of any mobile food vendor to ensure compliance with the New
Jersey Uniform Fire Code.
E. Where mobile food vendors may and may not operate.
(1) Commercial/industrial/office/property: mobile food vendors may operate
on a private commercial, industrial or office property that is located
within M & B-2 zone in the Borough under the following terms,
conditions and requirements:
(a)
The mobile food vendor must be situated at least 100 feet away
from the main entrance of any licensed restaurant, luncheonette or
tavern that serves food.
(b)
Prior to allowing a mobile food vendor to operate on a private
commercial, industrial or office property that property must be approved
for a zoning permit from the Department of Building, Housing and Land
Use. The zoning permit applicant must be the property owner or an
authorized agent of the property owner. As part of the application
for this zoning permit, the applicant shall submit notarized documentation
that the property owner, or an authorized agent of the property owner,
has authorized mobile food vendors to operate on the property and
further consents to allowing Borough officials onto the property to
enforce the provisions of this section. This documentation shall include
a phone number and email address for at least one representative of
the property owner who may be contacted by the Borough during the
period when the zoning permit is in effect and is empowered to address
any concerns that may arise. The zoning permit shall be valid for
a period of up to 90 days and shall be renewable for an unlimited
number of times. The fee for each zoning permit (including renewals)
is $50.
(c)
A maximum of one mobile food vendor shall be allowed to operate
on a private commercial, industrial or office property at any particular
time. However, the zoning permit does not restrict the property from
hosting different mobile food vendors over the entirety of ninety-day
period the zoning permit is valid so long as only one mobile food
vendor is operating on the property at any one time.
(d)
Exceptions to the one-mobile-food-vendor limit may be granted
by the Borough Administrator and only in connection with a special
event open to the general public, such as a fair, festival or carnival,
not to exceed five days in length. In the case of a one-day event,
the Borough Administrator has the authority to expand the number of
vendors as needed.
(e)
Mobile food vendors may not operate on any private commercial,
industrial or office property outside of a M & B-2 zone, except
as authorized by the Borough Administrator and only in connection
with a special event open to the general public, such as a fair, festival
or carnival, not to exceed five days in length.
(2) Public property/parks. No mobile food vendor may operate on public
property, including a Borough park, field or parking area adjacent
thereto, except as authorized by the Borough Administrator and only
in connection with a special event open to the general public, such
as a fair, festival or carnival, not to exceed five days in length.
(3) Residential property. Mobile food vendors are not normally allowed
to operate on residential property. Exceptions are for 1) an approved
residential block party or 2) an approved private catering arrangement.
In either circumstance, the mobile food vendor and residential property
must be in compliance with all other applicable Borough code requirements.
An application to operate on a residential property shall be made
to the Borough Administrator at least 10 business days in advance
of the event at and authorization shall be granted for no greater
than a two-day period.
(4) Public streets and sidewalks. Mobile food vendors are prohibited
from serving food or beverage along any public street, including from
any metered or nonmetered parking space along any public street, or
any public sidewalk or right-of-way. The Borough Administrator may
grant limited exceptions from this requirement on a case-by-case basis
when the public interest requires.
(5) Other property within the Borough. Mobile food vendors may not operate on any other property within the Borough not specifically mentioned in Chapter
186 Attachment 1, Schedule A, except as authorized by the Borough Administrator and only in connection with a special event open to the general public, such as a fair, festival or carnival, not to exceed five days in length.
F. Dates, hours and other conditions of operation.
(1) At least five business days prior to operating on any private commercial, industrial or office property within the Borough, a mobile food vendor shall file with the Department of Health a schedule of the dates and times it will be serving food and beverages for the ninety-day period at each location where a zoning permit has been granted pursuant to Chapter
186 Attachment 1, Schedule A. Any changes to that schedule shall be filed with the Department of Health at least three business days in advance. Provided all of the requirements of this section are met, the Department of Health shall issue an operating permit authorizing the mobile food vendor to serve food and beverages on that specific private commercial, industrial or office property. A separate operating permit shall be required for every property on which a mobile food vendor will be conducting operations. There is no charge for an operating permit.
(2) It shall be a violation of this section for a mobile food vendor
to serve food and beverages at any other time than as set forth on
the schedule it has filed with the Department of Health for a specific
private commercial, industrial or office property.
(3) Maximum operating hours for any mobile food vendor are 10:00 a.m.
until 7:00 p.m., seven days per week.
(4) Mobile food vendors shall make every effort to minimize noise and
odors while in operation and shall ensure that customers have trash
receptacles readily available on site, or some other adequate means
to ensure the proper disposal of any food or other waste generated.
(5) Mobile food vendors utilizing motorized vehicles are prohibited from
parking any such vehicle on any property where the mobile food vendor
has been authorized to serve food and beverage between the hours of
11:30 p.m. and 6:00 a.m. the following morning. This provision shall
not apply if the motorized vehicle is stored in a garage located on
the property. Exceptions may be granted by the Borough Administrator
for no more than five nights and only in connection with a special
event open to the general public, such as a fair, festival or carnival.
(6) A mobile food vendor shall not provide or allow any dining area,
including but not limited to tables, chairs, booths, bar stools, benches,
or standup counters, in connection with its operations. The foregoing
shall not apply to already existing facilities located on the property
where the mobile food vendor is operating.
G. Inspections and enforcement. The Department of Health, Building Department,
Fire Department, Police Department and Borough Administrator are empowered
to conduct inspections of any mobile food vendor to ensure compliance
with the provisions of this section that are within their respective
areas of jurisdiction, along with any other applicable provisions
of the Borough Code or New Jersey laws or regulations. These officers
are further authorized to enforce this section and all of its provisions.
H. Violations and penalties. Any person who violates any of the provisions of this section shall be subject to the penalties established by §
344-4, Violations and penalties, of the Borough Code. Additionally, any vehicle, whether motorized or nonmotorized, such as a truck, van, trailer or pushcart, used in a mobile food vending operation without all applicable licenses and permits as required by this section shall be deemed a public safety hazard and may be impounded.
I. License revocation or suspension. Failure to comply with any of the provisions of this section may result in having any license or permit issued under the provisions of this section revoked or suspended for a specified period of no greater than 90 days, by the licensing authority, Borough officer responsible for enforcement or by the Borough Council, in accord with the provisions of §
198-9 of the Borough Code. The foregoing is in addition to the penalties established by §
344-4, Violations and penalties, of the Borough Code.
J. Mobile and transient food establishments. All food and beverages, except hot coffee, cocoa and tea, on mobile or transient retail food establishments, shall be prepackaged, unless the mobile or transient retail food establishment has been issued a mobile food vendor license as provided in Subsection
B herein and is operating in compliance with all of the provisions of the Borough Code. If the food or beverage is prepackaged outside the limits of the Borough of Bergenfield, a certification from the Health Department as to its sanitary condition shall accompany the application for a license required by this section.
All foods offered for sale by a retail food
establishment in a prepackaged form shall bear a label which contains
the name and address of the manufacturer or distributor, the common
name of the product and a list of ingredients in descending order
of concentration if there are two or more ingredients, and the weight
of the product.
In all new retail food establishments, equipment
installed shall be approved by the National Sanitation Foundation
(N.S.F.) where applicable. In all existing establishments equipment
that shall be added or replaced shall be approved by the National
Sanitation Foundation (N.S.F.).
All grease traps within a food establishment
must be cleaned and maintained so as to be in proper working condition.
All retail food establishments shall immediately
post the latest evaluation placard provided by the Health Department
in a conspicuous location near the public entrance of the establishment,
at approximately eye level, where it may be viewed by the public before
or immediately upon entering the establishment.
Every retail food establishment in which food
or drink is prepared for on the premises consumption shall provide
necessary and adequate toilet facilities for the patrons thereof as
defined herein.
A. Separate toilet facilities shall be available for
each sex and shall consist of a toilet, a lavatory sink supplied with
hot and cold water under pressure, an approved liquid or powder soap
dispenser, an adequate supply of soap, and an approved hand towel
dispenser or hand-drying device. Such facilities must be available
at all times to patrons of the establishment.
B. Said toilet facilities shall be maintained in a sanitary
condition at all times.
C. Said toilet facilities shall be available to the customers
without passing through the food preparation area.
D. Said toilet facilities shall not open into the food
preparation area.
E. Said toilet facilities shall be identified by a sign
stating "Restroom," "Men's," "Ladies," or an equivalent designation.
If restrooms are not visible from the customer area, then a sign directing
customers to the restroom(s) shall be readily visible in the dining
area.
F. Existing establishments which do not meet the requirements
of this section but which provide a single toilet facility to the
patrons shall be exempt from the requirement of separate toilet facilities
for male and female patrons.