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.
[Amended 2-9-2006 by Ord.
No. 1953]
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.
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.