[Adopted 12-10-1969 by Ord. No. BH4-69]
A code regulating the use, operation and maintenance
of food and beverage vending machines and the licensure thereof, prohibiting
the sale or possession with intent to sell through vending machines
of adulterated or misbranded foods or drinks, authorizing the 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 69.6. A copy of said code is annexed hereto and made
a part hereof without the inclusion of the text thereof herein.
[Amended 10-14-1988 by Ord. No. BH1-88]
Said code established and adopted by this article
is described and commonly known as Chapter XII, Sanitation in Retail
Food Establishments and Food and Beverage Vending Machines (1983),
of the New Jersey State Sanitary Code.
[Amended 10-14-1988 by Ord. No. BH1-88]
Copies of said Chapter XII of the State Sanitary
Code have been placed on file in the office of the Secretary of the
Board of Health and will remain on file there for the use and examination
of the public.
[Amended 10-14-1988 by Ord. No. BH1-88]
Any person who violates any provision of or
order promulgated under this article or the code established herein
shall, upon conviction thereof, be liable to a penalty of not less
than $2 nor more than $500 for each violation. Each day that a particular
violation continues shall constitute a separate offense.
[Adopted 12-10-1969 by Ord. No. BH5-69]
[Amended 10-14-1988 by Ord. No. BH1-88]
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 the insertion of a coin,
coins or 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 permit from the Board of Health 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 (1983), of the State Sanitary
Code.
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 the insertion of a coin, coins or 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 for each such machine or device from the Board of Health
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 (1983), of the New Jersey State
Sanitary Code.
[Amended 10-14-1988 by Ord. No. BH1-88]
Application for and issuance of the permits and licenses referred to in §
335-5 above shall be made in conformity with the provisions of Chapter XII, Sanitation in Retail Food Establishments and Food and Beverage Vending Machines (1983), of the State Sanitary Code. Such permits and licenses are not transferable. Applications for any renewal of said licenses and permits referred to in §
335-5 shall be made on or before June 1 prior to the expiration of said license.
[Amended 10-14-1988 by Ord. No. BH1-88]
Permits and licenses issued under the authority
of this article may be suspended, revoked or reinstated by the Board
of Health of this municipality pursuant to the provisions of Chapter
XII, Sanitation in Retail Food Establishments and Food and Beverage
Vending Machines (1983), of the State Sanitary Code.
No provision of this article shall be applied
so as to impose any unlawful burden on either interstate commerce
or any activity of the state or federal government.
[Amended 10-14-1988 by Ord. No. BH1-88]
Any person, firm or corporation who shall violate
any of the provisions of this article shall, upon conviction, be punished
by a fine of not to exceed $500, and each violation of any of the
provisions of this article and each day the same is violated shall
be deemed and taken to be a separate and distinct offense.