[HISTORY: Adopted by the Board of Health of the Township of Delran 11-24-2009 by Ord. No. 2009-22. Amendments noted where applicable.]
Retail food establishments — See Ch. 171.
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 food or drinks, and authorizing an inspection of vending machines and operations connected therewith, is hereby adopted and established pursuant to N.J.S.A. 26:3-69.1 et seq. A copy of said code is hereto annexed and hereof made part without the inclusion of the text thereof herein.
Editor's Note: Editor's Note: A copy of said code is on file in the Township offices.
The said code established and adopted by this chapter 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 and shall continue to be on file in the office of the Secretary of the Delran Township Board of Health.
It shall be unlawful for any person, firm or corporation to engage in the sale of foods and beverages by means of vending machines without first having procured permits to do so in accordance with the provisions of said code and with this chapter or without otherwise complying with the provisions of said code. Each day upon which such person, firm or corporation shall do any act which is herein prohibited or omit to do any act which is herein required shall constitute a new violation.
For each food and beverage vending machine located in the Township of Delran there shall be a fee of $15. Said fee shall be paid in cash or certified check at the time of the filing of the application for the issuance of a food or vending machine permit.
Each food and beverage vending machine permit and license shall expire on the first day of April annually.
Any permit or license issued under the terms and provisions of this chapter may be suspended or revoked by the Board of Health of this municipality for the violation by the permittee or licensee of any provision of this chapter or of the Food and Beverage Vending Machine Code of New Jersey (1961) 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 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 this municipality or that the person or persons conducting the commissary or the operator or its agents and employees is or are of an unfit character to conduct or operate the same or that the purpose for which the license or permit has been issued is being abused to the detriment of the public or being used for a purpose foreign to that for which the license or permit was issued.
A license or permit issued under the terms and 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 or permittee 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, with postage thereon prepaid, addressed to such person to be notified at the business address appearing upon the license or permit. 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 governing body concludes that the charges have been sustained and substantiated, it may revoke, cancel or suspend the license or permit held by the licensee or permittee.
If any such license or permit shall have been revoked, neither the holder thereof nor any person acting for him, directly or indirectly, shall be entitled to another license or permit to carry on the same business within this Township unless the application for the license or permit shall be approved by the Board of Health.
No provision of this chapter shall be applied so as to impose any unlawful burden on either interstate commerce or any activity of the state or federal government.
The provisions of this chapter are declared to be severable, and if any section, subsection, sentence, clause or phrase thereof 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 hereof but they shall remain in effect, it being the legislative intent that this chapter shall stand notwithstanding the invalidity of any part.
All ordinances or parts of ordinances in conflict or inconsistent with this chapter are repealed.
Jurisdiction to hear complaints of a violation of this chapter and to impose the penalties hereinafter prescribed shall be vested in the Municipal Court of the Township of Delran.
Upon notice to him that any person, firm or corporation shall have violated the provisions of this chapter or of the code hereby adopted, the Sanitarian may, by complaint filed in the Delran Township Municipal Court, institute proceedings in the name of the Board of Health of the Township of Delran for the enforcement hereof and the imposition of penalties hereinafter prescribed.
Any person, firm or corporation having been found guilty of a violation of the provisions of this chapter, upon complaint made pursuant to the provisions of the foregoing section, shall, for each violation, be penalized not more than $500 or imprisoned in the county jail for a term not exceeding 90 days, or both, per day per violation, which penalty shall be paid to the Court and delivered to the Treasurer of the Township of Delran.
This chapter shall become effective upon its adoption and publication as provided by law.