Ordinance No. 08-22

Introduced: April 7, 2022
Public Hearing: April 21, 2022
Status: Adopted

An Ordinance Amending Sections 14-261 and 14-281 of Article VII, Retail Food Establishments, of Chapter 14, Businesses, and Appendix A, Fee Schedule, of the Revised Ordinances of the Township of Randolph Regarding Mobile Food Establishments

WHEREAS, pursuant to N.J.S.A.40:48-2, the governing body of a municipality may make, amend, repeal, and enforce such other ordinances, regulations, rules and by-laws not contrary to the laws of this state or of the United States, as it may deem necessary and proper for the good government, order and protection of person and property, and for the preservation of the public health, safety and welfare of the municipality and its inhabitants, and as may be necessary to carry into effect the powers and duties conferred and imposed by this subtitle, or by any law; and

WHEREAS, the Township of Randolph desires to amend and supplement Article VII, Retail Food Establishments, of Chapter 14, Businesses, of the Revised Ordinances of the Township of Randolph, to establish conditions for licensure of mobile food establishments; and

WHEREAS, pursuant to N.J.S.A. 40:48-1, the governing body of a municipality may make, amend, repeal, and enforce ordinances to manage regulate and control the finances and property of the municipality; and

WHEREAS, the Township of Randolph desires to amend Appendix A, Fee Schedule, of the Revised Ordinances of the Township of Randolph to add a mobile frozen dessert license fee and an annual licensing fee for mobile food establishments.

NOW, THEREFORE, BE IT ORDAINED by the Governing Body of the Township of Randolph, County of Morris, State of New Jersey as follows:

SECTION ONE. Section 14-261, Definitions, of Article VII, Retail Food Establishments, of Chapter 14, Businesses, of the Revised Ordinances of the Township of Randolph is hereby amended and supplemented by the addition of the following:

1. c. Bona Fide Event shall mean an event whereby the public is invited and where the event organizer is seeking to offer the community a social event or fundraising activity located on private non residential or public property. It is not the mere sale of food from a mobile unit without a related event or activity that is open to the general public
2. d. Annual Mobile Food License shall mean a license granted by the health department to sell food and drink from a mobile unit. The license holder is permitted to sell food from a mobile unit at Bona Fide Events so long as the Licensee has been invited to attend by the Event Organizer. Licenses expire December 31st and are renewable annually.
3. e. Event Organizer shall mean an entity that is organizing, sponsoring or otherwise holding a Bona Fide Event. Said entity must complete an Event Organizer Registration application with the health department. Event Organizers shall acknowledge they have obtained all necessary municipal approvals, including but not limited to, Fire Department, Police Department, Recreation Department and Planning and Zoning Department where applicable.
4. f. Mobile Frozen Dessert License shall mean a license granted by the health department to sell pre packaged frozen desserts only, from a mobile unit on a seasonal basis not to exceed 60 days. Successfully passing a criminal background check by the local police department is a condition of licensure.

SECTION TWO. Section 14-281, License, of Article VII, Retail Food Establishments, of Chapter 14, Businesses, of the Revised Ordinances of the Township of Randolph is hereby deleted in its entirety and replaced by the following:

1. No person shall operate a retail food establishment as defined and governed by N.J.A.C. 8:24-1.1 et seq. without first having applied to and obtained a license from the department of health of the township to operate such business.
2. Annual Mobile Food Licenses may be obtained upon the following conditions:
   1. Payment of the applicable fee (see Appendix A Fee Schedule).
   2. Licenses may be used at "bona fide events" only. License holders are not permitted to travel freely about the Township and sell food. No license is required for private residential use of a mobile unit.
   3. License applicants must submit to an inspection during normal business hours at the Randolph Municipal Building or other mutually agreeable location. The local health authority reserves the right to conduct future sanitary inspections while the vehicle is in use at "bona fide events".
3. Event Organizer Registration. Any person or organization seeking to sponsor, coordinate or otherwise hold a Bona Fide Event whereby mobile food vendor will be present shall register with the health department. The registration shall include, amongst other things, name, address, location of the event and invited food vendors. The application to register will be made available in the health department. The application shall be signed by an authorized member of the entity sponsoring the event.

SECTION THREE. Appendix A, Fee Schedule, of Revised Ordinances of the Township of Randolph, Health Section, Food Establishment Licensing subsection, is hereby amended by the addition of the following:

SECTION FOUR. Any person who has purchased a Temporary Mobile Food License in 2022 prior to the effective date of this ordinance, who thereafter purchases an Annual Mobile Food License in 2022, shall receive a credit toward the fee for the Annual Mobile Food License in an amount equal to the amount paid in 2022 prior to the effective date of this ordinance for the Temporary Mobile Food License, said credit, however, not to exceed the amount of the fee in 2022 for the Annual Mobile Food License.

SECTION FIVE. All Ordinances of the Township of Randolph which are inconsistent with the provisions of this Ordinance are hereby repealed as to the extent of such inconsistency.

SECTION SIX. If any section, subsection, clause, or phrase of this Ordinance is for any reason held to be unconstitutional or invalid by any Court of competent jurisdiction, such decision shall not affect the remaining portions of this Ordinance.

SECTION SEVEN. This Ordinance shall take effect as provided by law.

ATTEST

_____________________________
Donna Marie Luciani, Township Clerk

TOWNSHIP OF RANDOLPH

_____________________________
Marie Potter, Mayor

LEGAL NOTICE
TOWNSHIP OF RANDOLPH, COUNTY OF MORRIS
ORDINANCE NO. 08-22

Notice is hereby given that an Ordinance entitled "An Ordinance Amending Sections 14-261 and 14-281 of Article VII, Retail Food Establishments, of Chapter 14, Businesses, and Appendix A, Fee Schedule, of the Revised Ordinances of the Township of Randolph Regarding Mobile Food Establishments" was submitted in writing at a regular meeting of the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, held on April 7, 2022, 2022 and was introduced, read by title and passed on first reading. A Statement of Purpose of the Ordinance is contained below. The Governing Body of the Township of Randolph will further consider the Ordinance for second reading and final passage thereof at their regular meeting to be held on April 21, 2022 at 6 p.m. prevailing time, at the Municipal Building, 502 Millbrook Avenue, Randolph, New Jersey 07869, at which time and place a public hearing will be heard thereon by the Governing Body and all parties in interest and citizens shall have an opportunity to be heard concerning said Ordinance.

Statement of Purpose of Ordinance

The purpose of the above Ordinance is to amend and supplement Sections 14-261 and 14-281 of Article VII, Retail Food Establishments, of Chapter 14, Businesses, of the Revised Ordinances of the Township of Randolph, to establish conditions for licensure of mobile food establishments. In addition, the purpose of the above Ordinance is to amend Appendix A, Fee Schedule, of the Revised Ordinances of the Township of Randolph to add a mobile frozen dessert license fee and an annual licensing fee for mobile food establishments.

A copy of the full Ordinance is available to any member of the general public, without cost, at the Township of Randolph, Municipal Building, Millbrook Avenue, Randolph, New Jersey, at the Office of the Township Clerk, between the hours of 9:00 a.m. and 4:30 p.m.

Donna Marie Luciani, Township Clerk
Township of Randolph
County of Morris, State of New Jersey