Borough of North Arlington, NJ
Bergen County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Health of the Borough of North Arlington as indicated in article histories. Amendments noted where applicable.]

ARTICLE I
Retail Food Establishments and Vending Machines (§ 394-1 — § 394-3) 

ARTICLE II
Vending Machines (§ 394-4 — § 394-9) 

[Adopted 12-16-1953 (Ch. 221, Art. I, and Ch. 223 of the 1984 Code); amended in its entirety at time of adoption of Code (see Ch. 365, General Provisions, Board of Health, Art. I)]

§ 394-1
Applicability of state standards. 

§ 394-2
Permit required; fee; expiration and renewal; revocation and suspension; transfer. 

§ 394-3
Violations and penalties. 

The provisions of N.J.A.C. 8:24-1.1 et seq. pertaining to retail food establishments and food and beverage vending machines shall be enforced in the Borough of North Arlington.

A. 

No person shall operate a retail food-handling establishment unless a permit shall have been issued by this Board of Health. Such permit shall be posted in a conspicuous place in such establishment.

B. 

There shall be a charge of $25 for such permit.

C. 

Permits issued under the provisions of this chapter shall expire annually on June 30 of each year, and application for renewal thereof shall be submitted together with the required fee prior to June 15 of each year.

D. 

A permit may be suspended or revoked for a violation by the holder of any provision of this chapter or code, after an opportunity for a hearing by the Board of Health or its authorized representative.

E. 

A permit is not transferable.

Any person who violates any provision of or order promulgated under this chapter or the code established herein shall, upon conviction thereof, be liable to a penalty of not less than $5 nor more than $500 for each violation. Each day a particular violation continues shall constitute a separate offense.

[Adopted 11-13-1975 by Ord. No. 11-75]

§ 394-4
Permits and licenses required. 

§ 394-5
Permit and license fees; expiration of permits and licenses. 

§ 394-6
Application for and issuance of permits and licenses. 

§ 394-7
Suspension, revocation or reinstatement of permits or licenses. 

§ 394-8
Interstate commerce and governmental activities not affected. 

§ 394-9
Violations and penalties. 

It shall be unlawful for any person, whether as principal or agent, clerk or employee, either for himself or herself 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, 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 N.J.A.C. 8:24-1.1 et seq., as adopted or amended by said Board.

Editor's Note: Amended at time of adoption of Code (see Ch. 365, General Provisions, Board of Health, Art. I).

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, 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 N.J.A.C. 8:24-1.1 et seq., as adopted or amended by said Board.

A. 

The fees for permits and licenses, as required by § 394-4 above, for the purpose of raising revenue and for regulation and control, to be paid annually to this municipality, are hereby fixed as follows and shall be paid to the Board of Health:

(1) 

Permit fee: $5 per year.

(2) 

License fee: $50 per machine, per year.

B. 

All permits and licenses issued under authority of this ordinance expire on the 30th day of June each year.

Application for and issuance of the permits and licenses referred to in § 394-4 above shall be made in conformity with the provisions of N.J.A.C. 8:24-1.1 et seq., as adopted or amended by the Board of Health of this municipality. Such permits and licenses are not transferable.

Permits and licenses issued under authority of this article may be suspended, revoked or reinstated by the Board of Health of this municipality, pursuant to the provisions of N.J.A.C. 8:24-1.1 et seq., as adopted or amended by said Board of Health.

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.

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 less than $5 nor more than $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.