[HISTORY: Adopted by the Township Committee of the Township of Plainsboro as indicated in article histories. Amendments noted where applicable.]
Alcoholic beverages — See Ch. 49.
[Adopted 12-21-1979 by Ord. No. 0-79-20; amended in its entirety 11-10-2009 by Ord. No. 0-09-19]
A code regulating retail food establishments and fixing penalties for violations thereof is hereby established pursuant to the New Jersey Administrative Code, Title 8, Department of Health and Senior Services, Chapter 24, Sanitation in Retail Food Establishments and Food and Beverage Vending Machines, N.J.A.C. 8:24-1.1 et seq. A copy of such code is incorporated herein by reference and made a part hereof without inclusion of the text herein pursuant to such act.
The Plainsboro Township Health Officer shall have the authority to regulate food-handling establishments, vending machines that dispense food and food products and mobile food vending vehicles.
No person shall operate a retail food-handling establishment, have vending machines on the premises that dispense food or food products, or operate mobile food vending vehicles without first registering with the Township.
Registration shall be required by January 1 of each year and shall be accomplished by completion of the necessary application form and submitting annual fees to the Township Clerk as follows:
Establishments containing vending machines dispensing food or food products: $50 per establishment, plus $10 per machine.
Mobile vendor: $150.
Food court: $150 per vendor.
If said annual fee is not paid within 30 days of its due date of January 31, a grace period of 10 calendar days is authorized, and if the 10th day falls on a Saturday or Sunday, it is the Monday following the 10th day:
[Amended 12-9-2015 by Ord. No. 0-15-13]
The Plainsboro Township Health Officer shall have the authority to make periodic inspections of all retail food-handling establishments, establishments containing vending machines that dispense food or food products and mobile food vending vehicles to ensure compliance with the New Jersey Administrative Code, Title 8, Department of Health and Senior Services, Chapter 24, Sanitation in Retail Food Establishments and Food and Beverage Vending Machines, N.J.A.C. 8:24-1.1 et seq.
Any violation of this section shall be subject to the penalty provisions of the New Jersey Administrative Code, Title 8, Department of Health and Senior Services, Chapter 24, Sanitation in Retail Food Establishments and Food and Beverage Vending Machines, N.J.A.C. 8:24-1.1 et seq.
[Adopted 12-9-2009 by Ord. No. 0-09-23]
Editor's Note: This ordinance was originally adopted as Ch. 69A but was renumbered to maintain the organization of the Code.
The purpose of this article is to protect the safety and welfare of the Township residents, to provide for the traffic and pedestrian safety, to prevent extended parking or trespassing on private or public property and, in the case of mobile food vendors, to prevent violation of the New Jersey Administrative Code, Title 8, Department of Health and Senior Services, Chapter 24, Sanitation in Retail Food Establishments and Food and Beverage Vending Machines, N.J.A.C. 8:24-1.1 et seq.
As used in this article, the following terms shall have the meanings indicated:
- MOBILE FOOD VENDOR
- Any person or business entity utilizing a wagon, truck, van, trailer, bicycle, push cart or other vehicle, either self-propelled, hand-carried or otherwise moveable from place, to sell, offer for sale, or to give away beverages, food or any food product for human consumption.
It shall be unlawful for any mobile food vendor to engage in any vending activity within the Township without first obtaining a license in accordance with the provisions of this article.
The license shall be displayed by the mobile food vendor at all times and shall be available for inspection upon request.
All licenses issued under this article shall expire 12 months from the date of issue. Licenses shall not be transferable or assignable.
The Clerk shall keep a record of all licenses issued and of all complaints received concerning each mobile food vendor.
Applications for a mobile food vendor license shall be completed and filed with the Township Clerk on the form provided by the Clerk and shall set forth the following information:
Legal name of the individual or business entity seeking the license.
Permanent street address and mailing address of the applicant.
A brief description of the nature of the business and the goods to be sold.
Days and hours of operation.
Written permission from the owner(s) of the property on which the applicant seeks to do business.
A photograph showing the face, front and profile, of the applicant and of any person who may operate the mobile food vending vehicle. The photograph shall have been taken within 60 days of the submission of the application and shall be of a minimum size of two inches by two inches, and shall be affixed to the application.
The names of at least two references who will certify to the applicant's good character and business responsibility. In lieu of providing references, evidence of good character and business responsibility of the applicant which will enable the Chief of Police to evaluate the character and business responsibility of the applicant. Approval or recommendation by the Better Business Bureau or the Chamber of Commerce may be accepted in lieu of references.
A statement as to whether or not the applicant or any person who may operate the mobile food vending vehicle has been convicted of any crime, misdemeanor or violation of any municipal ordinance other than a traffic violation, the nature of the offense and the punishment or penalty assessed. The applicant shall submit a detailed explanation of mitigating factors that should be considered by the Chief of Police in evaluating the application. This may include statements of rehabilitation, reference letters and any other information deemed relevant.
Description and vehicle license number of the mobile food vending vehicle.
The applicant shall provide a copy of the valid driver's license for any person who may operate the mobile food vending vehicle.
A fee of $150 shall be paid by the applicant upon submission of the application to the Township Clerk, except as may otherwise be provided by law.
Upon receipt of an application, the original shall be referred to the Chief of Police who shall cause an investigation of the applicant's business and moral character to be made as he or she deems necessary for the protection of the public welfare. No license shall be issued until the application has been approved by the Chief of Police.
If, as a result of such investigation, the character and business responsibility of the applicant is found to be satisfactory, the Chief of Police shall approve the application and return it to the Township Clerk who shall execute and deliver the license to the applicant.
If, as a result of such investigation, the applicant's character or business responsibility is found to be unsatisfactory, the Chief of Police shall set forth his/her reasons for disapproval and return the application to the Township Clerk, who shall notify the applicant that the application for a license has been denied.
Licenses may be revoked by the Police Department, after reasonable notice and hearing, for any violation of state statute, regulation or municipal ordinance or for fraud, misrepresentation, false statements in the application or in connection with the mobile food vending activities. Notice of hearing for revocation of a license shall be given in writing, setting forth the grounds of complaint and the time and place of the hearing. Such notice shall be served personally upon the licensee or mailed to the licensee at addresses given by the licensee on the application at least five days prior to the date set for the hearing.
Any person aggrieved by reason of the denial of an application or revocation of a license shall have the right of appeal to the Township Committee. Such appeal shall be taken by filing with the Township Committee, within 14 days after notice of the action complained of has been mailed to the applicant/licensee's last known address, a written statement setting forth fully the grounds for a hearing on such appeal. Notice of such hearing shall be served personally upon the licensee or mailed to the licensee at addresses given by the licensee on the application at least five days prior to the date set for the hearing. The decision and order of the Township Committee on such appeal shall be final and conclusive.
All mobile food vendors shall comply with all laws, rules and regulations regarding food handling, and all vehicles, equipment, and devices used for the handling, storage, transportation and/or sale of food shall comply with Township Ordinance Chapter 69 entitled, "Food-Handling Establishments; Vending Machines; Mobile Food Vendors."
The equipment used in the vending of food and beverages shall be inspected upon application for a license and receive a certificate of inspection upon compliance with all applicable Township ordinances and state statutes.
Mobile food vendors shall be required to comply with all applicable requirements of the New Jersey Administrative Code, Title 8 Department of Health and Senior Services, Chapter 24, Sanitation in Retail Food Establishments and Food and Beverage Vending Machines, N.J.A.C. 8:24-1.1 et seq. A copy of such code is incorporated herein by reference and made a part hereof without inclusion of the text herein pursuant to such act.
Every vending unit shall be constructed of such acceptable material as to enable it to be readily cleaned to prevent food contamination during cooking, serving, display or storage.
Food-contact surfaces of vending units shall be provided with close-fitting covers to protect food products from dust, dirt and splash.
Vending vehicles shall be cleaned daily in accordance with New Jersey Administrative Code, Title 8, Department of Health and Senior Services, Chapter 24, Sanitation in Retail Food Establishments and Food and Beverage Vending Machines, N.J.A.C. 8:24-1.1 et seq., or more often as deemed necessary. All such cleaning is prohibited in public places.
Waste water from any discharge shall be disposed of in a sanitary manner and shall not create a nuisance.
All mobile vendors licensed under this article shall conform to the following standards:
Mobile food vendors shall be permitted to operate Monday through Sunday between the hours of 7:00 a.m. through 10:00 p.m.
Geographical restrictions. Mobile food vendors shall not:
Operate within 400 feet of public or private school grounds during the hours of regular school session, classes, or school-related events in said public or private school, except when authorized by said school.
Operate within 300 feet of a public park or Township property except as approved by the Township Administrator or designee.
Stop or stand within any right-of-way or within 50 feet of any intersection.
Stop or stand on any arterial street during peak traffic hours, generally between 7:30 a.m. to 9:00 a.m. and 4:00 p.m. to 6:30 p.m., Monday through Friday.
Operate the mobile food vending vehicle in such a manner as to impede the normal usage of the streets located within the municipality. No mobile food vendor shall operate on any street located within the municipality unless there exists sufficient adjacent parking for customers, so as not to endanger the safety of customers and so that traffic is not impacted.
No mobile food vendor shall conduct business so as to violate any ordinances of the Township, including those regulating traffic and rights-of-way.
No mobile food vendor shall obstruct or cause to be obstructed the passage of a sidewalk, street, avenue, alley or any other public place by causing people to congregate at or near the place where food is being sold or offered for sale.
No customer shall be served on the street side of the mobile unit. All service must be on the curb side when the mobile unit is on or abutting a public street.
All mobile food vendors shall provide garbage and recycling receptacles for customer use.
No mobile food vendor shall set up, maintain or permit the use of any table, crate, carton, rack or other device to increase the selling or display capacity of the vehicle.
No mobile food vendor shall call out, use or operate any bell, loudspeaker, public address system, sound amplifier or similar device to attract the attention of the public.
Mobile food vendors must be actively engaged in vending activities at all times. If inactivity occurs for more than 30 minutes, then vendors shall be required to cease vending activities at that location except where the mobile food vendor is operating at community-sponsored events in public parks and schools.
At the conclusion of vending activities at a given location, the mobile food vendor shall clean all the public way surrounding his or her vehicle of all debris, trash and litter generated by the vendor's business activities.
All equipment installed and utensils used in any part of the mobile vending unit shall be secured in order to prevent movement during transit and prevent detachment in the event of a collision or overturn.
All mobile food vendors preparing food by cooking, frying or other means shall be equipped with at least one (2A-20-BC) fire extinguisher.
Proof of an insurance policy issued by an insurance company licensed to do business in the State of New Jersey, protecting from all claims for damage to property and bodily injury, including death, which may arise from operations under or in connection with the mobile food vendor selling from a truck or other motor vehicle, evidencing the following minimum amounts of coverage:
The Township shall be named as an additional insured on the insurance policy.
Cancellation, termination or expiration of the policy shall subject the licensee to suspension or revocation of the license.
If the insurance coverage is changed to a different provider, proof of insurance shall be provided within 60 days of the change.