Township of Cedar Grove, NJ
Essex County
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Table of Contents
Table of Contents
[Adopted 4-1-1991 as part of Ord. No. 91-380]
As used in this article, the following terms shall have the meanings indicated:
MOBILE RETAIL FOOD ESTABLISHMENT (hereinafter referred to as a "mobile unit")
Any movable restaurant, truck, van, trailer, cart, bicycle or other movable unit, including hand-carried portable containers in or on which food or beverage is transported, stored or prepared for retail sale or given away at temporary or permanent locations.
All mobile retail food establishments shall comply with all provisions of Chapter XII of the New Jersey State Sanitary Code which are applicable to its operation, provided that the Cedar Grove Health Officer may augment such requirements when needed to assure the service of safe food, may prohibit the sale of certain potentially hazardous food and may modify specific requirements for physical facilities when, in his opinion, no imminent health hazard will result.
A. 
It shall be unlawful for any person to operate a mobile unit without first obtaining a license therefor granted and issued in the manner hereinafter set forth in this article.
B. 
No license shall be issued for a mobile unit unless and until the number of such licenses issued and outstanding is eight or fewer, it being the intent of this subsection that not more than eight mobile unit licenses shall be issued and outstanding at the same time.
[Amended 12-16-2013 by Ord. No. 13-762]
C. 
The annual fee for a mobile retail food establishment license shall be $100.
[Amended 10-7-2013 by Ord. No. 13-760]
D. 
In addition, the recipient of a mobile retail food establishment license must obtain a food handler's certificate prior to the obtaining of the license obtained pursuant to this article, which food handler's certificate is to be obtained in accordance with the provisions of Article III, §§ 142-10 to 142-19, of this chapter.
A. 
No person who holds a license in accordance with the provisions of this article shall park a mobile unit upon a public roadway or street or sidewalk for the purpose of or during the process of soliciting sales or business or displaying food for sale.
B. 
Notwithstanding the above, a mobile unit may park upon a public roadway or street for the purpose of or during the process of selling or to deliver food to buyers, consumers or other persons. In such cases, no mobile unit shall remain at any location for more than 30 minutes.
The operation of mobile units shall be prohibited before the hour of 7:00 a.m. and after the hour of 9:00 p.m. on all days.
All mobile retail food establishments shall be restricted as follows:
A. 
No mobile unit shall park, stand or stop on private property.
B. 
No mobile unit shall park, stand or stop in any public recreation area, except as provided herein below.
C. 
No mobile unit shall park, stand or stop within 200 feet of any school.
The following exceptions to the provisions of this article shall be permitted:
A. 
This article shall not apply to mobile retail food establishments operated by nonprofit institutions and organizations, churches or other charitable organizations and municipal governmental offices.
B. 
Mobile units shall be permitted in public recreation areas within the municipality upon the approval of the Township Council and upon obtaining an additional license for this purpose and payment of a license fee of $200.
C. 
Mobile units shall be permitted on private property with the approval of the property owner for the purpose of or during the process of soliciting sales or business or selling food to employees of the property owner only. In such cases, no mobile unit shall remain at any property for more than one hour.
It is unlawful for any person to throw, drop, discard or otherwise place litter of any nature upon any public or private property, other than in a litter container.
[1]
Editor's Note: See also Ch. 168, Littering.
A license issued pursuant to this article may be suspended or revoked for a violation by the holder of any of the provisions of this article or code after an opportunity for a hearing by the Board of Health or its authorized representative.
[Amended 10-23-2006 by Ord. No. 06-656]
A. 
Any person, firm or corporation who shall violate any of the provisions of this article shall, upon conviction, be subject to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 90 days, or both such fine and imprisonment. Each day upon which such violation shall occur shall be deemed a separate offense.
B. 
In addition to any other penalty, the license may be suspended or revoked.