[HISTORY: Adopted by the Board of Health of the Township of Dover (now Toms River) 3-5-1979 by Ord. No. 1-79. Amendments noted where applicable.]
The Food and Beverage Vending Machine Code of New Jersey (1961), together with any subsequent deletion, amendment or supplement thereto, is hereby adopted pursuant to N.J.S.A. 26:3-69.1 et seq. A copy of said code is annexed hereto and made a part hereof without the inclusion of the text of said code herein. The copy of said code annexed hereto is plainly marked to indicate what portions of said code are intended to be adopted and which portions are intended to be deleted, amended or supplemented.
Any section or subsection of said Food and Beverage Vending Machine Code of New Jersey (1961) which is not specifically referred to herein and is hereby deleted, amended or supplemented is hereby accepted and made part of the Vending Machine Code for Toms River Township.
The changes and exceptions effective in Toms River Township to said Food and Beverage Vending Machine Code of New Jersey (1961) are as follows. Section references hereinafter set forth are to sections as set forth in said Food and Beverage Vending Machine Code of New Jersey (1961).
In Paragraph B of Subsection 1.1 of Section I, Definitions, the words "Toms River" shall be inserted after the words "Municipality of."
Paragraph J, Operator, of Subsection 1.1 of Section I, Definitions, is hereby supplemented, and the following shall be added as a sentence after the last sentence of this paragraph: "The term 'operator' is defined only for the purposes of the Food and Beverage Vending Machine Code of New Jersey (1961), and the definition stated in this paragraph is specifically not applicable to the terms 'operator' or 'engaged in the operation' as used in the subsequent sections of this chapter."
Section II, entitled "Application for Permits and Licenses," is hereby deleted in its entirety.
In Paragraph G, Hot Food or Beverage, of Subsection 1.1 of Section I, Definitions, and in Subsections 3.1.2 and 3.1.5 of Section III, Sanitation Requirements for Vending Machine Operations, and in Subsection 4.2 of Section IV, Delivery of Foods, Ingredients, Equipment and Supplies to Machine Location, the figure "150° F." is hereby amended to read "140° F." each place said figure appears in the aforesaid subsections, and the figure "50 °F." is hereby amended to read "45° F." each place said figure appears in the aforesaid subsections.
Three copies of said Food and Beverage Vending Machine Code of New Jersey (1961) have been placed on file in the office of the Secretary of the Board of Health upon the introduction of this chapter and will remain on file there until final action is taken on this chapter for use and examination by the public. Said copies have been plainly marked to indicate what portions of said code are intended to be adopted and which portions are intended to be deleted, amended or supplemented.
As used in this chapter, the following terms shall have the meanings indicated:
- CLASS A MACHINE
- Includes any vending machine that dispenses readily perishable foods, either in bulk or package, or nonalcoholic beverages in bulk.
- CLASS B MACHINE
- Includes any vending machine not classified as a Class A machine that dispenses nonperishable food or nonalcoholic beverages in original containers or ice. Excluded from this definition are machines that dispense individual gumballs, drugs, cosmetics, tobacco products or sanitary napkins.
Applications for licenses or permits under this chapter shall be made to the Board of Health or its agent upon the forms provided. The forms shall be signed by the applicant if an individual, and by a duly authorized agent if a partnership or corporation or other entity. The signing of said forms shall operate as a waiver and a consent for the Board of Health to:
Suspend or revoke the license or permit according to the provisions of this chapter.
Receive cooperation and additional information from the applicant, if requested by the Board of Health or its agent for the protection of the health of the people.
Enforce the provisions of closure in this chapter.
Inspect other premises and conveyances of the applicant not in this municipality if the premises or vehicles are used in the preparation or transportation of food or beverages or other items used in regulated vending machines.
Before any applicant shall be entitled to a license or permit, the Board of Health or its agent shall make an inspection of the commissary, servicing facilities and vending machine locations to determine compliance with the provisions of applicable sanitary and plumbing codes and with other applicable provisions of this chapter.
If, after the provisions of Subsection A of this section are satisfied, the Board of Health or its agent shall be reasonably satisfied that the statements set forth in the application are correct and that the applicant is in compliance with the provisions of this chapter and code and with all applicable ordinances, resolutions, regulations and directives of the Township and the Board of Health and the state statutes and regulations, the license or permit shall be issued.
No person shall engage in the operation of one or more Class A or Class B vending machines in this municipality without first having applied to and procured a license for each vending machine from this Board of Health or its agent or without complying with any and all of the state statutes and regulations, municipal ordinances, resolutions, regulations and directives that pertain to or regulate the use, maintenance and operation of vending machines. A person shall be engaged in the operation of a vending machine if he owns or leases or has a proprietary interest in the vending machine. A person having custody and control of the coin receptacle, box or container in a vending machine shall be conclusively presumed to be engaged in the operation of the vending machine. A person shall not be engaged in the operation of a vending machine if his only relationship with the vending machine is to allow it to be on his premises, whether in return for rent or for a portion of the machine's receipts.
No person shall supply or load any Class A or Class B vending machine with any food or beverage or item for distribution or sale or service or maintain the interior of said Class A or Class B vending machine unless he or his employer or principal has first applied to and procured a permit from this Board of Health or its agent and unless he and his employer and principal have complied with any and all of the state statutes and regulations, municipal ordinances, resolutions, regulations and directives that pertain to or regulate the use, maintenance and operations of vending machines.
A fee for the annual license referred to in § 531-8A of this chapter shall be paid to this Board of Health or its agent as follows:
For each Class A vending machine: the sum of $10 for each machine, but when the same person is engaged in the operation of more than one Class A vending machine on the same premises, the fee shall be the sum of $10 for the first machine and the sum of $5 for each additional machine on the same premises.
For each Class B vending machine: the sum of $5 for each machine.
A fee for the annual permit referred to in § 531-8B of this chapter shall be paid to this Board of Health or its agent as follows:
For any person that supplies, loads, services or maintains more than 20 Class A or Class B vending machines in this municipality: the sum of $30. No additional fee is required for the employee or agent of any person paying said fee.
For any person that supplies, loads, services or maintains 20 or fewer Class A or Class B vending machines in this municipality: the sum of $5.
All permits and licenses issued pursuant to this chapter shall take effect on October 1 of each year and expire on September 30 of the following year. Each year or time that a license or permit is to issue, the required fee must be paid. However, if the license or permit is to issue on or after April 1 and is to expire on September 30 of the same year, the fee for such license or permit shall be 1/2 the fee set forth in Subsections A and B of this section.
The following persons are exempt from paying a fee for any license or permit:
Any person engaged as a charitable and nonprofit operation.
Any person under the supervision and control of the New Jersey Commission for the Blind pursuant to Title 30, Chapter 6 of the New Jersey statutes.
Any person who obtains and pays the fee for any certificate, permit or license for a food-handling establishment pursuant to Chapter 534 of the Code of the Township of Toms River, as long as the vending machine or machines are on the same premises as the food-handling establishment and the license or permit to issue under this chapter is in the same name as the certificate, permit or license issued for the food-handling establishment.
Each Class A or Class B vending machine shall conspicuously display the license or a special replica of the license issued by the Board of Health or its agent for its operation. Each license or replica shall state the vending machine identification number, the place the vending machine is to be located, the name and address of the licensee or his agent to whom reports of malfunction or unsanitary conditions of the vending machine or its product can be reported. If a person or persons unknown to the licensee destroy, deface or tear down said license or replica, then there shall not be a violation of this section unless the licensee failed to replace said license or replica within 60 days of the act or failed to take reasonable precautions to protect said license or replica.
It shall be a violation of this chapter for any person or his agent to hinder, interfere with or delay the inspection by the Board of Health or its agent of any regulated vending machine or commissary. Furthermore, it shall be a violation to fail or refuse to provide the Board of Health or its agent with access to the interior of said vending machine within a reasonable time after demand is made. It shall also be a violation for the licensee or permittee to be unavailable or unreachable by the Board of Health or its agent within a reasonable time after reasonable efforts are made for the purpose of conducting any inspection. A violation of this section may be considered as a cause for revocation of the license or permit in accordance with the provisions of this chapter.
Each violation of a section, subsection or provision of this chapter or code established herein shall subject the violator, upon conviction thereof, to a penalty of a fine of not less than $5 nor more than $500. Each day a particular violation occurs or continues shall constitute a separate offense.
In addition to the penalties prescribed in other sections of this chapter and code, any license or permit issued hereunder may be revoked for cause, including repeated violations of this chapter and code, after a summary hearing before the Board of Health or its agent. A written notice setting forth the charges and the time and place of the hearing shall be served upon the person or his agent to whom the license or permit was issued by leaving such notice at the place where such licensee or permittee conducts his business or by personal service at least five days prior to the date of said hearing. The Board of Health or its agent, pending the hearing, may suspend such license if in its judgment the protection of the public health or welfare so demands. In such events, it shall be unlawful for the holder of any license or permit, or his agent, to engage in the business for which he was licensed after such license has been suspended pending a hearing or revoked after a hearing.
No provision of this chapter or code shall be applied so as to impose any unlawful burden on either interstate commerce or any activity of the federal government.