[HISTORY: Adopted by the Board of Commissioners of the City of Margate City as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Land development — See Ch. 165.
[Adopted 7-22-76 as Art. I of Ch. 168 of the 1976 Code[1]]
[1]
Editor's Note: Article I of Ch. 168 of the 1976 Code was originally derived from Ord. No. 793, adopted 12-24-1970, as amended.
[Amended 1-25-1988 by Ord. No. 1988-1]
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 any 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 Commissioners of the City of Margate City to do so, or without complying with any and all of the provisions of Chapter XII of the State Sanitary Code, as adopted or amended by said Board.[1]
[1]
Editor's Note: See Art. II of this chapter for adoption of standards referred to.
B. 
Maintain or permit to be maintained on or in any location in the City of Margate City one or more machines or devices offered for public use which, upon insertion of a coin, coins or token, or by any 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 Commissioners of the City of Margate City or without complying with any and all of the provisions of Chapter XII of the State Sanitary Code, as adopted or amended by said Board.
A. 
The fees for permits and licenses, as required by § 264-1, for the purpose of regulation and control, to be paid annually to this municipality, are hereby fixed as follows:
[Amended 1-25-1988 by Ord. No. 1988-1]
(1) 
Permit fee: $10 per year.
(2) 
License fee: $5 per machine per year.
B. 
All permits and licenses issued under the authority of this article shall expire on June 30 each year.
C. 
Permit and license fees shall be paid to the Board of Commissioners.
[Amended 1-25-1988 by Ord. No. 1988-1]
Application for and issuance of the permits and licenses referred to in § 264-1 shall be made in conformity with the provisions of Chapter XII of the State Sanitary Code, as adopted or amended by the Board of Commissioners of the City of Margate City. Such permits and licenses are not transferable.
[Amended 1-25-1988 by Ord. No. 1988-1]
Permits and licenses issued under the authority of this article may be suspended, revoked or reinstated by the Board of Commissioners of the City of Margate City pursuant to the provisions of Chapter XII of the State Sanitary Code, as adopted or amended by said Board of Commissioners.
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 1-25-1988 by Ord. No. 1988-1]
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 $1,000 or by imprisonment in the county jail for a period of not to exceed 90 days, or by both such fine and imprisonment. 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.
[Adopted 7-22-76 as Art. II of Ch. 168 of the 1976 Code[1]]
[1]
Editor's Note: Article II of Ch. 168 of the 1976 Code was originally derived from Ord. No. 798, adopted 12-24-1970, as amended.
[Amended 1-25-1988 by Ord. No. 1988-1]
Chapter XII of the State Sanitary Code, entitled "Sanitation in Retail Food Establishments and Food and Beverage Vending Machines," is hereby adopted and shall be enforced in the City of Margate City.
[Amended 1-25-1988 by Ord. No. 1988-1]
Three copies of the said Chapter XII of the State Sanitary Code have been placed on file in the office of the Clerk of this Local Board of Commissioners upon the introduction of this article and will remain on file there until final action is taken on this article for the use and examination by the public.
[Amended 1-25-1988 by Ord. No. 1988-1]
Any person who violates any provision of or order promulgated under this article or code established herein shall, upon conviction thereof, be liable to a penalty of not more than $1,000 or imprisonment for not more than 90 days, or both, for each violation. Each day a particular violation continues shall constitute a separate offense.