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

(3) 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.

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 activity on an approved outdoor event day must separately obtain a temporary retail food establishment permit under § 133-2B.

E. Violations. Any outdoor food activity conducted in violation of this section shall constitute a separate violation of this chapter subject to the penalties set forth in § 133-5. Each day on which a violation occurs shall constitute a separate and distinct offense.

§ 133-2. License Fees.

The fees for licensure of retail food establishments in the Borough of Somerville are hereby fixed as follows: