[HISTORY: Adopted by the Board of Commissioners
of the Township of Nutley 6-18-1974 by Ord. No. 1818 (Ch. 123 of the 1978
Code). Amendments noted where applicable.]
Standards regulating the use, operation and
maintenance of food and beverage vending machines and licensure thereof;
prohibiting the sale or possession with intent to sell through vending
machines of adulterated or misbranded foods or drinks; authorizing
inspection of vending machines and operations connected therewith;
providing for the enforcement of this chapter; and fixing penalties
for violations are hereby established pursuant to N.J.S.A. 26:3-69.1
to 26:3-69.6. A copy of said standards is annexed hereto and made
a part hereof without the inclusion of the text thereof herein.
[Amended 3-15-1988 by Ord. No. 2219]
Said standards established and adopted by this
chapter are described and commonly known as "Chapter XII, Sanitation
in Retail Food Establishments and Food and Beverage Vending Machines"
(effective date June 1, 1983).[1]
[1]
Editor's Note: See now Chapter 24, Sanitation in Retail Food
Establishments and Food and Beverage Vending Machines, of the State
Sanitary Code, N.J.A.C. 8:24-1.1 et seq.
[Amended 3-15-1988 by Ord. No. 2219]
Three copies of said Chapter XII, Sanitation
in Retail Food Establishments and Food and Beverage Vending Machines
(effective date June 1, 1983), have been placed on file in the office
of the Health Officer of the Local Health Department upon the introduction
of this chapter and will remain on file there until final action is
taken on this chapter for use and examination by the public.
[Amended 3-15-1988 by Ord. No. 2219]
It shall be unlawful for any person, whether
as principal or agent, Clerk or employee, either for himself or any
other person, or for any body corporate, or as an officer of any corporation,
or otherwise, to:
A.
Engage in the operation of one or more machines or
devices offered for public use which, upon insertion of a coin, coins
or token, or by other means, dispense unit servings of food or beverages,
either in bulk or package, without the necessity of replenishing the
devices between each vending operation, without first having applied
for and procured a permit from the Health Department of this municipality
so to do, or without complying with any and all of the provisions
of Chapter XII, Sanitation in Retail Food Establishments and Food
and Beverage Vending Machines (effective date June 1, 1983), as adopted
or amended by the Board of Commissioners.
B.
Maintain or permit to be maintained on or in any location
in this municipality one or more machines or devices offered for public
use which, upon insertion of a coin, coins or token, or by other means,
dispense unit servings of food or beverages, either in bulk or package,
without the necessity of replenishing the devices between each vending
operation, without first having applied for and procured a license
for each such machine or device from the Health Department of this
municipality, or without complying with any and all of the provisions
of Chapter XII, Sanitation in Retail Food Establishments and Food
and Beverage Vending Machines (effective date June 1, 1983), as adopted
or amended by the Board of Commissioners.
A.
The fees for permits and licenses as required by § 356-4 above, to be paid annually to this municipality, are hereby fixed as follows:
B.
All permits and licenses issued under authority of
this chapter shall expire on April 30 of each year. Permit and license
fees shall be paid to the Township of Nutley.
[Amended 3-15-1988 by Ord. No. 2219]
Application for and issuance of the permits and licenses referred to in § 356-4 above shall be made in conformity with the provisions of Chapter XII, Sanitation in Retail Food Establishments and Food and Beverage Vending Machines (effective date June 1, 1983), as adopted or amended by the Board of Commissioners of this municipality. Such permits and licenses are not transferable either from person to person or from location to location.
[Amended 3-15-1988 by Ord. No. 2219]
Permits and licenses issued under authority
of this chapter may be suspended, revoked or reinstated by the Director
of the Department of Health of this municipality pursuant to the provisions
of Chapter XII, Sanitation in Retail Food Establishments and Food
and Beverage Vending Machines (effective date June 1, 1983), as adopted
or amended by the Board of Commissioners.
[Amended 5-15-1979 by Ord. No. 1973]
Any person, firm or corporation
who shall violate any provision of this chapter or of the code established
herein shall, upon conviction, be punished by a fine of not more than
$500 or by imprisonment in the county jail for a period not to exceed
90 days, or by both such fine and imprisonment, and each violation
of any of the provisions of this chapter and each day the same violation
continues shall be deemed and taken to be a separate and distinct
offense.
This chapter and the standards established hereunder
shall be enforced by the Health Officer and Sanitary Inspectors of
the Health Department of the Township of Nutley.
