[Adopted 1-8-1974 by Ord. No. 32-73]
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.S.A.
26:3-69.1 to 26:3-69.6. A copy of said code is annexed hereto and
made a part hereof without the inclusion of the text thereof herein.
The said code established and adopted by this article is described
and commonly known as the "Food and Beverage Vending Machine Code
of New Jersey (1961)."
Three copies of the said Food and Beverage Vending Machine Code
of New Jersey (1961) have been placed on file in the office of the
Borough Clerk of this local Board of Health upon the introduction
of this article and will remain on file there until final action is
taken on this article for the use of and examination by the public.
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 less than $5 nor more than
$500 for each violation. Each day a particular violation continues
shall constitute a separate offense.
[Adopted 1-8-1974 by Ord. No. 33-74]
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 other means, dispense 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
the Food and Beverage Vending Machine Code of New Jersey (1961), as
adopted or amended by said board.
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,
dispense 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 for 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 the Food
and Beverage Vending Machine Code of New Jersey (1961), as adopted
or amended by said board.
Application for and issuance of the permits and licenses referred to in §
45-16 above shall be made in conformity with the provisions of the Food and Beverage Vending Machine Code of New Jersey (1961), 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 the Food and Beverage
Vending Machine Code of New Jersey (1961), 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 not exceeding $500 or by imprisonment in the county jail for
a term not exceeding 90 days, or by both such fine and imprisonment;
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.