[Adopted 2-6-1961]
A.
It shall be unlawful for any person, persons, partnership,
association, firm or corporation to engage in the business of selling or dispensing
any readily perishable food, beverages or refreshments from a coin-operated
vending device or machine in the Township of North Brunswick unless and until
the same is licensed as hereinafter provided.
For the purpose of this article, the terms used herein are defined as
follows:
Any food or beverage or ingredients consisting in whole or in part
of milk, milk products, eggs, meat, fish, poultry or other food capable of
supporting the growth of microorganisms which can cause food infections or
food intoxication. However, products in hermetically sealed containers, processed
by heat to prevent spoilage, and dehydrated, dry or powdered or vacuum-packed
canned products so low in moisture content as to preclude development of microorganisms,
are excluded from the terms of this definition.
[Amended 5-20-2002 by Ord. No. 02-22]
Applications for a license to engage in the business of selling or dispensing
food, beverages or refreshments from a coin-operated vending device or machine
shall be obtained from the Township Clerk of the Township of North Brunswick.
The following information shall be required to be furnished by each
applicant on the form provided:
A.
Name and address of applicant.
B.
Name and address of person or firm who will clean and
service the machine or device.
C.
Name and address of manufacturer of the coin-operated
vending machine or device and the serial number of said device or machine.
D.
Name and description of the product or products to be
sold from the vending device or machine.
E.
General description of the coin-operated device or machine,
particularly with reference to its construction, operation, method of temperature
control and cleaning.
F.
Days or dates on which the product or products in the
said device or machine will be restocked, replaced or replenished.
G.
Days or dates on which the machine will be cleaned and
serviced.
H.
Name and address of the owner of the premises and a scale
sketch of the location where machine will be installed, if license is granted.
I.
Whether or not the electrical wiring and motor or other
operating mechanism of the machine have been approved by the National Board
of Fire Underwriters.
J.
The temperature maintained in the store section of said
device or machine where the food, beverages or refreshments are located or
stored.
K.
Such other information as may be necessary and proper
to facilitate the regulation of the business of vending food, beverages and
refreshments from a coin-operated vending device or machine.
Attached to each application there shall be a certificate from the following
officers or departments of the Township of North Brunswick:
A.
Chief of Police, certifying that the proposed location
of the coin-operated vending device or machine will not create a traffic hazard
nor endanger the lives or safety of pedestrians using the sidewalk in the
vicinity of said device or machine.
B.
Zoning Officer, certifying that the proposed site of
the coin-operated vending device or machine is a permitted use at that location
and that no part or portion of the said device or machine will extend or protrude
beyond the building line established for said zone.
C.
Department of Health, certifying that the coin-operated
vending device or machine is sanitary and that the product or products vended
therefrom are properly packaged, bottled or otherwise protected from contamination
or foreign substance. All food products in all vending machines shall be obtained
from sources that comply with all laws related to food and food labeling.
[Amended 5-20-2002 by Ord. No. 02-22]
All licenses shall expire on December 31 of each year and must be renewed
on or before said date. Applicants for renewal of licenses need not repeat
answers in applications previously submitted, unless such answers would be
different from the original application.
[Amended 9-15-1997 by Ord. No. 97-16]
Fees to operate vending machines are specified in Chapter 212, Licensed Occupations.
[Amended 9-15-1997 by Ord. No. 97-16]
Upon completion of the application, the certificates and payment of the fee as specified in Chapter 212, Licensed Occupations, the Township Clerk shall issue the proper license.
All licensed coin-operated vending devices or machines shall:
A.
Have the name, address and telephone number of the operator
or owner affixed thereto.
B.
Be kept in a sanitary condition at all times.
C.
Maintain such temperature as shall keep the product or
products therein from spoiling and as may be required by any statute or ordinance
concerning the perishable product or products vended.
D.
Have the serial number in plain view.
E.
Not rely upon frozen water, dry ice or other similar
substances to maintain the required temperature.
A license to engage in the business of vending food, beverages or refreshments
from a coin-operated device or machine shall not be transferable from place
to place or person to person without the consent of the Mayor and Council.
The licensed device or machine shall be subject at all times to inspection
by an authorized agent of the Department of Health of the Township of North
Brunswick. Whenever an agent of the Department of Health shall find or has
probable cause to believe that any food, beverage or refreshment sold or dispensed
from a mechanical vending device is not free from dust, contamination or foreign
substances, he shall affix to such mechanical vending device or machine a
tag or other appropriate marking, giving notice that such vending machine
or device is suspected of being in violation of this article or any other
ordinance and has been detained or embargoed, and warning all persons not
to remove or dispose of the articles in said vending device or machine by
sale or otherwise until permission for removal or disposal is given by the
Department of Health. It shall be unlawful for any person to remove or dispose
of such detained or embargoed article by sale or otherwise without first obtaining
such permission.
Nothing contained herein shall be construed to apply to coin-operated
vending machines selling or dispensing candy, gum, nuts, crackers, cookies,
soda or ice cubes.[1]
In the event that the licensee shall discontinue operation of the business
of vending any food, beverage or refreshments from a coin-operated device
or machine at any time during the year for which a license was obtained, no
refund or return of the license fee shall be made.
This article is for the purpose of regulation and shall in no way affect
any other fees as now provided for in any other ordinance in the Township
of North Brunswick, but shall be in addition thereto.
[Amended 9-6-1977; 5-20-2002
by Ord. No. 02-22; 4-17-2006 by Ord.
No. 06-06]
A.
The provisions of this article shall be enforced by the
Department of Health.
B.
Any person violating or failing to comply with any of
the provisions of this article shall, upon conviction thereof, be punishable
by a fine of not more than $2,000 or by imprisonment for a term not to exceed
90 days, or by both such fine and imprisonment, in the discretion of the Court.
The continuation of such violation on each successive day shall constitute
a separate offense, and the person or persons allowing or permitting the continuation
of the violation may be punished as provided above for each separate offense.
