18-25
Introduced: August 21, 2025
Public Hearing: September 18, 2025
Status: Adopted
Please note: An Ordinance Amending and Supplementing 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 and Prepackaged Mobile Frozen Dessert Establishments and Vendors
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 regarding the requirements for licensure and operation of mobile food and prepackaged mobile frozen dessert establishments and vendors; 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 update the fees in the Health Section for food establishment licensing and the fees in the Fire Prevention Section for mobile food vendor inspections/permits.
NOW, THEREFORE, BE IT ORDAINED by the Governing Body of the Township of Randolph, County of Morris, State of New Jersey as follows:
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 deleted in its entirety and replaced by the following:
Sec. 14-261. - Definitions.
(a) The definitions of words and phrases defined in N.J.A.C. 8:24-1.2 shall govern the meaning of such words and phrases used in this article, except as indicated otherwise.
Board of Health means the Department of Health of the Township.
Health authority means the Department of Health of the Township.
Mobile retail food establishment means any movable restaurant, truck, van, trailer, cart, bicycle, watercraft, 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 locations.
Mobile food vendor means anyone who sells prepackaged or 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. However, it does not include:
(a) A vendor selling fresh, uncut fruits and/or vegetables at an event.
(b) Deliveries of food to customers from a licensed retail food establishment operating from a fixed location.
(c) The sale of prepackaged frozen desserts only.
Prepackaged mobile frozen dessert establishment means any movable truck, van, trailer, cart, bicycle, watercraft, or other movable unit including hand carried, portable containers in or on which prepackaged frozen dessert products are transported or stored for retail sale or given away.
Prepackaged mobile frozen dessert vendor means anyone who sells only prepackaged frozen dessert products to the public-at-large. It includes, but is not limited to, anyone who sells such prepackaged frozen dessert products from a vehicle, whether motorized or nonmotorized, such as a truck, van, trailer, or pushcart.
Retail food establishment means an operation that stores, prepares, packages, serves, vends, or otherwise provides food for human consumption including but not limited to: restaurants; satellites or catered feeding locations; catering operations if the operation provides food directly to a consumer or to a conveyance used to transport people; markets; vending locations; institutions; or food banks. Retail food establishment includes any operation that relinquishes possession of food to a consumer directly, or indirectly, through a delivery service such as home delivery of grocery orders or restaurant takeout orders, or delivery service that is provided by common carriers.
Servicing area means an operating base location to which a mobile retail food establishment or transportation vehicle returns regularly for such things as vehicle and equipment cleaning, discharging liquid or solid wastes, refilling water tanks and ice bins, and boarding food.
Section 14-281, Required, 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:
Sec. 14-281. – License required.
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.
Article VII, Retail Food Establishments, of Chapter 14, Businesses, of the Revised Ordinances of the Township of Randolph is hereby supplemented by the addition of the following:
DIVISION 3. – MOBILE FOOD VENDORS
Sec. 14-290. - Annual mobile food vendor license required.
(a) 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 article or any other provision of the Revised Ordinances of the Township of Randolph, before commencing the sale of any food or beverages within the Township. Mobile food vendor licenses are valid for the calendar year and expire December 31st of licensing year.
(b) The fee for a mobile food vendor license shall be in accordance with the Fee Schedule in Appendix A of these Revised Ordinances.
(c) At any time a mobile food vendor is conducting the sale of food or beverages within the Township, the mobile food vendor shall prominently display copies of:
- The annual mobile food vendor license issued by the Department of Health; and
- A certificate of registration issued by the New Jersey Division of Taxation.
(d) Mobile food vendor licenses are not transferable and may not be sold or leased to any other party.
(e) Mobile food vendors are subject to random inspections by the Department of Health at any time they are serving food or beverages within the Township.
Sec. 14-291. - Application process.
(a) 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.
(b) 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. Additionally, there must be at least one person certified as a food handler or food manager on site during each event.
(c) All mobile food establishments must have a food servicing area (commissary) in order to operate in the Township of Randolph.
(d) 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. Additionally, 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.
Sec. 14-292. - Fire permits required for certain operations.
All mobile food vendors shall comply with the requirements established by the Randolph Township Bureau of Fire Prevention event regulations and the New Jersey Uniform Fire Code to ensure that the operations of the mobile food vendors do not present a fire hazard. Mobile food vendors using any open flame in their operations or cooking requiring a fire suppression system must pay the nonrefundable application fee set forth in the Fee Schedule in Appendix A of these Revised Ordinances and apply for a mobile food vendor permit at least 14 calendar days prior to the event. The Bureau of Fire Prevention is empowered to conduct safety checks of all mobile food vendors to ensure compliance prior to the issuance of a permit.
Sec. 14-293. Where mobile food vendors may and may not operate.
(a) Private, non-residential property: Mobile food vendors may operate on private, non-residential property in the Township under the following terms, conditions and requirements:
- Prior to allowing a mobile food vendor to operate on a private, non-residential property, that property must be approved for a zoning permit from the zoning officer. The zoning permit shall be valid for a period of up to 3 days and the permit shall be submitted at least 10 days prior.
- The maximum number of events on a property shall not exceed six in a calendar year.
(b) Public property: No mobile food vendor may operate on public property, including Township, County, State or Board of Education property except as authorized by the Township Manager or his/her designated representative.
(c) Residential common areas and homeowner association properties: mobile food vendors may operate on these types of properties in the Township under the following terms, conditions and requirements:
- The event is limited to the homeowners and their guests.
- The maximum number of events on a property shall not exceed ten in a calendar year.
(d) Residential property: mobile food vendors may operate on these types of properties in the Township under the following terms, conditions and requirements:
(1) The event is limited to the homeowners and their guests.
(e) Public streets and sidewalks: Mobile food vendors are prohibited from serving any 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 Township Manager may grant limited exceptions from this requirement on a case-by-case basis when the public interest requires.
(f) Other property within the Township. Mobile food vendors may not operate on any other property within the Township not specifically mentioned in Sec. 14-293(a) through (e), except as authorized by the Township Manager 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.
Sec. 14-294. - Dates, hours and other conditions of operation.
(a) At least two weeks prior to operating on any private commercial, industrial or office property within the Township, 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 at each location where a zoning permit has been granted pursuant to Sec. 14-293.(a).
(b) It shall be a violation of this article 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.
(c) Maximum operating hours for any mobile food vendor are 7:30 a.m. until 10:00 p.m., seven days per week.
(d) 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.
(e) 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.
Sec. 14-295. - Inspections and enforcement.
The Department of Health, the Zoning Department, the Randolph Fire Department/Bureau of Fire Prevention, and the Randolph Police Department are empowered to conduct inspections of any mobile food vendor to ensure compliance with the provisions of this article that are within their respective areas of jurisdiction, along with any other applicable provisions of the Revised Ordinances of the Township of Randolph or New Jersey laws or regulations. These offices are further authorized to enforce this article and all of its provisions. 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.
Sec. 14-296. - Violations and penalties.
Any person who violates any of the provisions of this article shall be subject to the penalties established by Sec. 1-7 of the Revised Ordinances of the Township of Randolph. 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 article shall be deemed a public safety hazard and may be impounded.
Sec. 14-297. – License suspension or revocation.
(a) Generally. Any mobile food vendor license issued under this article may be suspended or revoked by the Department of Health for the violation by the licensee of any provision of this article or N.J.A.C. 8:24-1.1 et seq., or whenever it shall appear that the business, trade, calling, profession or occupation of the person to whom such license was issued is conducted in a disorderly or improper manner, or in violation of any law of the United States or the State or any ordinance of this Township, or that the person conducting the mobile retail food establishment is of an unfit character to conduct the establishment, or that the purpose for which the license has been issued is being abused to the detriment of the public, or that the license is being used for a purpose foreign to that for which the license was issued.
(b) Hearing. A license issued under this article shall not be revoked, cancelled or suspended until a hearing thereon shall have been had by the Department of Health. Written notice of the time and place of such hearing shall be served upon the licensee at least three days prior to the date set for such hearing. Such notice shall also contain a brief statement of the grounds to be relied upon for revoking, cancelling or suspending such license. Notice may be given either by personal delivery thereof to the person to be notified or may be deposited in the United States post office in a sealed envelope, postage prepaid, addressed to such person to be notified, at the business address appearing upon the license. At the hearing before the Department of Health, the person aggrieved shall have an opportunity to answer and may thereafter be heard. Upon due consideration and deliberation by the Department of Health, the complaint may be dismissed, or, if the Department of Health concludes that the charges have been sustained and substantiated, it may revoke, cancel or suspend the license held by the licensee.
(c) Reissuance of license after revocation. If any such license shall have been revoked, neither the holder thereof nor any person acting for such holder, directly or indirectly, shall be entitled to another license to carry on the same business within the Township unless the application for such license shall be approved by the Department of Health.
DIVISION 4. – PREPACKAGED MOBILE FROZEN DESSERT VENDORS
Sec. 14-300. – Prepackaged mobile frozen dessert license required.
(a) All prepackaged mobile frozen dessert vendors are required to obtain a prepackaged mobile frozen dessert license from the Department of Health, along with any other approvals required by this article or any other provision of the Revised Ordinances of the Township of Randolph, before commencing the sale of any prepackaged frozen dessert products within the Township. Prepackaged mobile frozen dessert licenses are valid for up to six months (180 days) from license issuance.
(b) The fee for a prepackaged mobile frozen dessert license shall be in accordance with the Fee Schedule in Appendix A of these Revised Ordinances.
(c) Prepackaged mobile frozen dessert vendors shall be required to successfully pass criminal background checks by the Randolph Police Department as a condition of licensure.
(d) At any time a prepackaged mobile frozen dessert vendor is conducting the sale of prepackaged mobile frozen dessert products within the Township, the vendor shall prominently display copies of:
- The prepackaged mobile frozen dessert vendor license issued by the Department of Health; and
- A certificate of registration issued by the New Jersey Division of Taxation.
(e) Prepackaged mobile frozen dessert licenses are not transferable and may not be sold or leased to any other party.
(f) Prepackaged mobile frozen dessert vendors are subject to random inspections by the Department of Health at any time they are serving prepackaged frozen dessert products within the Township.
Sec. 14-301. - Application process.
(a) Before issuing a prepackaged mobile frozen dessert 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.
(b) If the prepackaged mobile frozen dessert vendor intends to operate 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. Additionally, 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 prepackaged mobile frozen dessert vendor before issuing a prepackaged mobile frozen dessert license.
Sec. 14-302. - Hours and other conditions of operation.
(a) Prepackaged mobile frozen dessert vendors are permitted to operate between the hours of 9:00 a.m. and 9:00 p.m., seven days per week, during the approved license period.
(b) Prepackaged mobile frozen dessert vendors shall not operate from or at a stationary location or a location where operation impedes or inconveniences the public.
(c) Prepackaged mobile frozen dessert vendors shall make every effort to minimize noise and odors while in operation and shall ensure that customers have trash receptacles readily available, or some other adequate means to ensure the proper disposal of any waste generated.
(d) Prepackaged mobile frozen dessert vendors shall not operate on public property, including Township, County, State or Board of Education property, except as authorized by the Township Manager or his/her designated representative.
Sec. 14-303. - Inspections and enforcement.
The Department of Health and the Randolph Police Department are empowered to conduct inspections of any prepackaged mobile frozen dessert vendor to ensure compliance with the provisions of this article that are within their respective areas of jurisdiction, along with any other applicable provisions of the Revised Ordinances of the Township of Randolph or New Jersey laws or regulations. These offices are further authorized to enforce this article and all of its provisions. Applicants and licensees 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.
Sec. 14-304. - Violations and penalties.
Any person who violates any of the provisions of this article shall be subject to the penalties established by Sec. 1-7 of the Revised Ordinances of the Township of Randolph. Additionally, any vehicle, whether motorized or nonmotorized, such as a truck, van, trailer, or pushcart, used by a prepackaged mobile frozen dessert vendor without all applicable licenses and permits as required by this article shall be deemed a public safety hazard and may be impounded.
Sec. 14-305. – License suspension or revocation.
(a) Generally. Any prepackaged mobile frozen dessert license issued under this article may be suspended or revoked by the Department of Health for the violation by the licensee of any provision of this article or N.J.A.C. 8:24-1.1 et seq., or whenever it shall appear that the business, trade, calling, profession or occupation of the person to whom such license was issued is conducted in a disorderly or improper manner, or in violation of any law of the United States or the State or any ordinance of this Township, or that the person conducting the prepackaged mobile frozen dessert establishment is of an unfit character to conduct the establishment, or that the purpose for which the license has been issued is being abused to the detriment of the public, or that the license is being used for a purpose foreign to that for which the license was issued.
(b) Hearing. A license issued under this article shall not be revoked, cancelled or suspended until a hearing thereon shall have been had by the Department of Health. Written notice of the time and place of such hearing shall be served upon the licensee at least three days prior to the date set for such hearing. Such notice shall also contain a brief statement of the grounds to be relied upon for revoking, cancelling or suspending such license. Notice may be given either by personal delivery thereof to the person to be notified or may be deposited in the United States post office in a sealed envelope, postage prepaid, addressed to such person to be notified, at the business address appearing upon the license. At the hearing before the Department of Health, the person aggrieved shall have an opportunity to answer and may thereafter be heard. Upon due consideration and deliberation by the Department of Health, the complaint may be dismissed, or, if the Department of Health concludes that the charges have been sustained and substantiated, it may revoke, cancel or suspend the license held by the licensee.
(c) Reissuance of license after revocation. If any such license shall have been revoked, neither the holder thereof nor any person acting for such holder, directly or indirectly, shall be entitled to another license to carry on the same business within the Township unless the application for such license shall be approved by the Department of Health.
The fees for food establishment licensing set forth in the Health Section of Appendix A, Fee Schedule, of Revised Ordinances of the Township of Randolph are hereby deleted in their entirety and replaced by the following:
| Food Establishment Licensing | |
| Type 1 | 80.00 |
| Type 2 | 200.00 |
| Type 3 | 400.00 |
| Type 4 | 250.00 |
| Type 3/4 | 500.00 |
| Surcharge over 10,000 sq. ft. | Additional 25% |
| Surcharge over 20,000 sq. ft. | Additional 50% |
| Surcharge over 40,000 sq. ft. | Additional 100% |
| Re-inspection fee (conditional/unsatisfactory rating) | Initial Fee |
| Prepackaged mobile frozen dessert license (for township events the temporary food license inspection is included) | 175.00 |
| Annual mobile food establishment license (for township events with 4 or more mobile food vendors, the license fee is waived) | 275.00 |
| Annual Cottage Food Operator | 25.00 |
The fees for food truck/concession trailer inspection/permit: First permit within calendar year, and food truck/concession trailer inspection/permit: Each additional permit, set forth in the Fire Prevention Section of Appendix A, Fee Schedule, of Revised Ordinances of the Township of Randolph are hereby deleted in their entirety and replaced by the following:
Mobile food vendor inspections/permits: $100
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.
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.
This Ordinance shall take effect as provided by law.
Attest
Donna Marie Luciani, Township Clerk
Township of Randolph
Joe Hathaway, Mayor
Legal Notice
Township of Randolph, County of Morris
Ordinance No. 18-25
Notice is hereby given that an Ordinance entitled "An Ordinance Amending and Supplementing 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 and Prepackaged Mobile Frozen Dessert Establishments and Vendors" 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 August 21, 2025 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 September 18, 2025 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 Article VII, Retail Food Establishments, of Chapter 14, Businesses, of the Revised Ordinances of the Township of Randolph, regarding the requirements for licensure and operation of mobile food and prepackaged mobile frozen food establishments and vendors. 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 update the fees in the Health Section for food establishment licensing and the fees in the Fire Prevention Section for mobile food vendor inspections/permits.
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