Borough of Wharton, NJ
Morris County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Health of the Borough of Wharton as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Food and drink sales — See Ch. 356.
[Sec. 15-7 of the Revised General Ordinances]

§ 386-1 Definitions.

As used in this article, the following terms shall have the meanings indicated:
HEALTH OFFICER
The administrative officer of the Borough of Wharton Board of Health and/or his authorized representative.
PERSON
An individual, partnership, cooperative, firm, association, corporation, personal representative, receiver, trustee, assignee or any other legal entity.
TOBACCO
Any product made from the tobacco plant for the purpose of smoking, chewing, inhaling and other personal use, including cigars, chewing tobacco, pipe tobacco, snuff and cigarettes in any form.
TOBACCO VENDING MACHINE
Any automated, self-service device which, upon insertion of money, tokens or any other form of payment, dispenses cigarettes or other tobacco products.

§ 386-2 Prohibition of tobacco vending machines and tobacco vending machine sales.

It shall be unlawful for any person to operate, rent or permit the use of or operation of a tobacco vending machine in, on or about any premises under his or her ownership, control or management, or to sell or offer to sell any tobacco product through a tobacco vending machine.

§ 386-3 Violations and penalties. [1]

Violation of any of the provisions of this article shall be punishable as provided in Chapter 337, Article I, Board of Health General Penalty.
[1]
Editor's Note: Added at time of adoption of Code (see Ch. 337, General Provisions, Board of Health, Art. III).
[Sec. 15-6 of the Revised General Ordinances]

§ 386-4 License required; fee.

A. 
Except as hereinafter provided, it shall be unlawful to sell or dispense food or beverages from a mechanical vending device.
(1) 
All stores, service stations, factories, school, offices, clubs, lodges, community centers, recreational buildings, churches, charitable institutions, personal service establishments and in buildings of public assembly, subject to compliance with the provisions of all laws and regulations of the Borough and the State of New Jersey pertaining thereto, may apply for a mechanical vending machine license. No person shall engage in the business of dispensing food and beverages from a mechanical vending device without first obtaining a license from the Board of Health.
(2) 
Mechanical vending machines must be placed in a location so as not to impede any pedestrian walkway or any roadway.
B. 
License fee is $10 per machine, issued upon annual inspection.

§ 386-5 Equipment washing.

The premises where said dispensing equipment is located shall be equipped with adequate provisions for proper washing of said equipment and keeping same in adequate sanitary condition.

§ 386-6 Food produced in licensed facility.

All food dispensed shall be produced in a licensed and inspected facility.

§ 386-7 Violations and penalties. [1]

Violation of any of the provisions of this article shall be punishable as provided in Chapter 337, Article I, Board of Health General Penalty.
[1]
Editor's Note: Added at time of adoption of Code (see Ch. 337, General Provisions, Board of Health, Art. III).