[HISTORY: Adopted by the Board of Health of the Town of Dover 3-7-1955; amended in its entirety 6-14-1999. Amendments noted where applicable.]
A code 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; and fixing penalties for violations is hereby established pursuant to N.J.S.A. 26:3-69.1 to 26:3-69.6. A copy of said code is annexed hereto and made a part hereof without the inclusion of the text thereof herein.
The said code established and adopted by this ordinance is described and commonly known as the "Food and Beverage Vending Machine Code of New Jersey (1961)."
Three copies of the said "Food and Beverage Vending Machine Code of New Jersey (1961)" have been placed on file in the office of the Health Officer of this local Board of Health upon the introduction of this chapter and will remain on file there until final action is taken on this chapter for the use and examination of the public.
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 other corporation or otherwise to maintain or permit to be maintained or engage in the operation on or in any location in this municipality of one or more machines or self-service devices which, upon insertion of a coin, coins, paper currency, token or by other means, dispenses 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 to and procured a license from the Board of Health of this municipality or without complying with any and all of the provisions of the Food and Beverage Vending Machine Code of New Jersey (1961) as adopted or amended by said Board.
The fees for licenses as required by § 403-4 above, for the purpose of raising revenue for regulation and control, to be paid annually to this municipality, are hereby fixed at $20 per machine per year.
Licenses issued under authority of this chapter shall expire on the 31st day of December each year.
License fees shall be paid to the Board of Health.
Application for and issuance of the licenses referred to in § 403-4 above shall be made in conformity with the provisions of the Food and Beverage Vending Machine Code of New Jersey (1961) as adopted or amended by the Board of Health of this municipality. Such licenses are not transferable.
Licenses issued under authority of this chapter may be suspended, revoked or reinstated by the Board of Health of this municipality pursuant to the provisions of the Food and Beverage Vending Machine Code of New Jersey (1961) as adopted or amended by said Board of Health.
No provisions of this chapter shall be applied so as to impose any unlawful burden on either interstate commerce or any activity of the state or federal government.
Any person, firm or corporation who shall violate any of the provisions of this chapter shall, upon conviction, be punished by a fine not to exceed $200 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 is violated, shall be deemed and taken to be a separate offense.
The provisions of this chapter are declared to be severable, and if any section, subsection, sentence, clause or phrase hereof shall, for any reason, be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, subsections, sentences, clauses and phrases of this chapter, but they shall remain in effect; it being the legislative intent that this chapter shall stand notwithstanding the invalidity of any part.