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.
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.
[Amended 10-2-2018 by Ord. No. 2018-12]
For each food and beverage vending machine located in the Township of Delran there shall be a fee as set forth in Chapter
150. 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.
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with this chapter are repealed.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.