[Adopted 3-21-1984 by Ord. No. 1390 (Ch. 216 of the 1989
Code)]
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 this municipality 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 Subchapter 11 of Chapter XII of the State Sanitary
Code (N.J.A.C. 8:24-1.1 et seq.) of New Jersey.
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 Subchapter
11 of Chapter XII of the State Sanitary Code (N.J.A.C. 8:24-1.1 et
seq.) of New Jersey.
The machine license number shall be conspicuously displayed
on the vending machine for which such license has been issued by use
of a sticker, decal or other device supplied by the Board of Health.
Permits and licenses issued under authority of this chapter
may be suspended, revoked or reinstated by the Board of Health of
this municipality for violations of any provisions of this chapter
or the Code, provided that the operator or licensee shall have been
given adequate notice of such violation and a reasonable opportunity
to be heard at a hearing, all in accordance with due process of law.
A conviction in Municipal Court or any court having jurisdiction of
such violation shall be evidence of such violation before the Board
of Health, and the suspension or revocation of the permit or license
shall be in addition to any other fines or penalties imposed.
[Amended 12-20-1989 by Ord. No. 1510; 6-6-2007 by Ord. No. 1902-07]
Any person who violates any provision of or order promulgated
under this chapter or the State Sanitary Code referred to herein shall,
upon conviction thereof, be liable to a fine not to exceed $2,000
or imprisonment for a term not to exceed 90 days or a requirement
to perform community service for a period not to exceed 90 days. Each
day a particular violation continues shall constitute a separate offense.