(3) Notwithstanding any other provision of this chapter, only a Retail Food
Establishment that:
(a) maintains a valid Certificate of Occupancy or Temporary Certificate of
Occupancy within the boundaries of the Borough's Special Improvement
District; and
(b) possesses all licenses and approvals required by the Borough of
Somerville, the Somerset County Department of Health, and any other
governmental authority having jurisdiction, may offer for sale food or
beverage items outdoors provided that such items are of the type
otherwise authorized for sale within the establishment under its existing
health license and approvals.
Outdoor preparation, cooking, grilling, frying, smoking, or other food
production activities shall be prohibited unless specifically authorized as
part of a temporary retail food establishment permit issued in connection
with an approved outdoor event and expressly approved by the event
organizer and the Borough or other governmental authority having
jurisdiction.
(4) Any food or beverage displayed, stored, or offered for sale outdoors
pursuant to this subsection shall:
(a) be maintained within an enclosure, display case, kiosk, cabinet, or other
protective structure sufficient to prevent contamination from rain, dust, dirt,
insects, animals, or other environmental conditions;
(b) comply with all applicable provisions of N.J.A.C. 8:24 and all requirements of
the Somerset County Department of Health;
(c) be maintained at all required hot-holding, cold-holding, storage, and service
temperatures; and
(d) otherwise be handled, stored, displayed, and sold in accordance with all
applicable federal, state, county, and local health and safety regulations.
(5) Any outdoor sale of food or beverage authorized under this subsection shall be
limited to the area approved under the Retail Food Establishment's current and valid
sidewalk café permit. No food or beverage may be displayed, stored, offered for sale, or
sold outside the boundaries of the area authorized by such permit unless separately
approved through an event permit, temporary retail food establishment permit, or other
authorization required by the Borough.

D. No Exception for Licensed Establishments. The possession of a retail food
establishment license under § 133-2A of this chapter does not authorize outdoor
food activity. A licensed retail food establishment that engages in outdoor food