County of Somerset entered into under authority of N.J.S.A. 40:8A-1 et seq. All
references in this chapter to the “Borough Department of Health” shall be
construed as references to the Somerset County Department of Health acting in
its capacity as the Borough’s duly authorized local health agency. If at anytime
the Borough terminates its relationship with the County Department of Health
said authority shall be defined by resolution.
Retail Food Establishment — An indoor location within the Borough of Somerville
that holds a valid certificate of occupancy or temporary certificate of occupancy
issued by the Borough Construction Official, at which food or drink is
commercially prepared, processed, handled, displayed, or sold to consumers.
The term does not include outdoor areas, sidewalks, patios, parking lots, or any
other exterior space, except as expressly permitted under § 133-1B of this
chapter.

Temporary Retail Food Establishment — A food establishment that operates at a
defined location for a period of no more than 14 consecutive days in conjunction
with a single event or celebration. A temporary retail food establishment shall
comply with all applicable provisions of N.J.A.C. 8:24, this chapter, and any
applicable regulations of the Department of Health, and shall obtain a permit from
the Borough Department of Health prior to commencing operations.

§ 133-1B. Outdoor Food Activity; Prohibition; Exception.
A. Prohibition. No person, firm or corporation shall sell, offer for sale, display,
cook, prepare, or otherwise handle food or beverage in any outdoor area within
the Borough of Somerville, including but not limited to sidewalks, patios, plazas,
parking lots, or any other exterior space, except as expressly permitted under
Subsection C of this section.

B. Street Café’s. Street Café’s are governed by Chapter ______ of the Borough
Code

C. Exception — Approved Outdoor Event Days – Sidewalk sales. Outdoor food
activity shall be permitted only when all of the following conditions are satisfied:
(1) The outdoor food activity occurs on a day that has been officially
designated as an approved outdoor event day by the Borough of
Somerville, including but not limited to a street fair, festival, farmers’
market, or similar Borough sanctioned or District Management Corporation
sanctioned event during which outdoor food sales are expressly
authorized and a valid temporary retail food establishment permit from the
Department of Health pursuant to § 133-2B of this chapter prior to
commencing outdoor food activity; and

(2) The outdoor food activity complies with all applicable requirements of
N.J.A.C. 8:24, this chapter, and any conditions imposed by the Borough
Department of Health or the Borough of Somerville in connection with the
approved event.