[HISTORY: Adopted by the Borough of Rutherford Board of Health 12-17-1990 by Ord. No. BH 4-90. 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.A.C. 8:24-11.1 et seq. Said code is incorporated by reference herein and made a part hereof.
The said code established and adopted by this chapter is Subchapter 11 of Chapter XII of the New Jersey State Sanitary Code, and is described and commonly known as, "Sanitary Requirements for the Vending of Food & Beverages."
Three copies of the said code have been placed on file in the office of the Clerk of this local Board of Health upon the introduction of this chapter and will remain on file there for the use and examination of the public until final action is taken on this chapter.
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 engage in the operation, 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 procured a license from the Board of Health of this municipality so to do or without complying with any and all of the provisions of the said code as adopted or amended by the Board of Health.
The fees for licenses as required by § 36-4 above, for the purpose of raising revenue, for regulation and control, to be paid annually to this municipality, are hereby fixed as follows:
For each machine dispensing candy, prepackaged nuts, gumballs or other nonperishable confections, $20 a year; provided, however, that this license requirement shall not apply to gumball machines when the proceeds in full there from are used for approved charitable organizations.
For each machine dispensing any other food or beverage, $30 a year.
For each machine dispensing any type of potentially hazardous food item, $40 a year.
All 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 licenses as provided in § 36-4 of this chapter shall be made by application therefor in writing to the Board of Health on forms provided and approved by said Board.
Any license issued under the terms of this chapter may be suspended or revoked by the Board of Health for the violation of any provision of this chapter or said code or whenever it shall appear that the business, trade, calling, profession or occupation of the person, firm or corporation to whom such license was issued is conducted or is operating in a disorderly or improper manner or in violation of any law of the United States, the State of New Jersey or any ordinance of the Borough of Rutherford, or that the person or persons conducting the food establishment is of a character unfit to conduct the same, or that the purpose for which the license has been issued is being abused to the detriment of the public or is being used for a purpose foreign to that for which the license was issued.
A license issued under the terms of the provisions of this chapter shall not be revoked, canceled or suspended until a hearing thereon shall have been had by the Board of Health. Written notice of the time and place of such hearing shall be served upon the licensee at least three days prior to the date set for such hearing. Such notice shall also contain a brief statement of the grounds to be relied upon for revoking, canceling or.suspending such license. Notice may be given either by personal delivery thereof to the person to be notified or be deposited in the United States Post Office in a sealed envelope, postage prepaid, addressed to such person to be notified at the business address appearing upon said license. At the hearing before the Board of Health, the person aggrieved shall have an opportunity to answer and may thereafter be heard, and, upon due consideration and deliberation by the Board of Health, the complaint may be dismissed or, if the Board concludes that the charges have been sustained and substantiated, it may revoke, cancel or suspend the license held by the licensee.
If any such license shall have been revoked, neither the holder nor any person acting for him, directly or indirectly, shall be entitled to another license to carry on the same business within the Borough of Rutherford unless the application for such license shall be approved by the Board of Health.
No provision of this chapter shall be applied so as to impose any unlawful burden upon either interstate commerce or any other activity of local, county, state or federal governments.
Any person, firm or corporation who shall violate any of the provisions of this chapter shall, upon conviction, be punished by a fine of not less that $25 nor more than $500. 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 and distinct 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.
This chapter shall take effect 30 days after first publication thereof.