[Adopted 8-13-1974 by Ord. No. MC 2419 (Ch. 79, Art. IV, of the 1981
Revised Code)]
This article adopts by reference N.J.A.C. 8:24, Sanitation in
Retail Food Establishments and Food and Beverage Vending Machines,
effective January 2, 2007 (see N.J.A.C. 8:24-4.12, Vending machines).
It shall be unlawful for any person, whether as principal, agent,
clerk or employee, either for himself, any other person, any body
corporate, as 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 machine
or device between each vending operation, without first having applied
for and procured a permit from the Division of Licensing of the Town,
or without complying with all applicable provisions of this article
or N.J.A.C. 8:24, Sanitation in Retail Food Establishments and Food
and Beverage Vending Machines.
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 machine or device between
each vending operation, without having first applied for and procured
a license for each such machine or device from the Division of Licensing
of the Town, or without complying with all applicable provisions of
this article and N.J.A.C. 8:24, Sanitation in Retail Food Establishments
and Food and Beverage Vending Machines.
[Amended 3-25-1980 by Ord. No. MC 2601; 1-13-1981 by Ord. No. MC 2622]
A.
The fees for permits and licenses required for the vending machines or devices dispensing food or beverages set forth in § 229-46 hereof and to be paid annually to the Town, are as follows:
[Amended 3-22-1983 by Ord. No. MC 2691; 11-27-1984 by Ord. No. MC 2757; 8-11-1987 by Ord. No. MC 2834; 4-11-1989 by Ord. No. MC 2884; 12-12-1995 by Ord.
No. MC 3027; 1-9-1996 by Ord. No. MC 3030; 12-14-1999 by Ord. No. MC 3134; 8-14-2001 by Ord. No. MC 3176; 10-12-2005 by Ord.
No. MC 3306; 12-29-2009 by Ord. No. MC 3413]
(1)
The distributor's permit fee for each food and beverage vending
machine other than milk vending machines shall be $172 initially and
$72 per year thereafter.
(2)
The location license fee for each food and beverage vending machine
other than milk vending machines shall be $10 per year or any part
thereof.
Before any applicant shall be entitled to receive such permit
or license provided for herein:
A.
The Health Officer of the Town or his duly authorized representative
shall certify that the granting of a permit or license at the location
applied for, for a food or beverage vending machine, will not violate
any health regulation or provision of this article, N.J.A.C. 8:24,
the provisions of this Code or any other ordinance of the Town or
applicable federal, state or county regulation or law, and that such
machine or device has been inspected by such Health Officer or his
representative and is unobjectionable from the viewpoint of health
and sanitation.[1]
B.
The Director of Public Safety and the Fire Chief of the Public Safety
Department of the Town shall certify respectively that the placing
of such vending machine or device at the location mentioned in the
application of applicant is unobjectionable from the viewpoint of
welfare, safety, traffic and fire hazards.
[Amended 10-14-2015 by Ord. No. MC 3553; 1-12-2016 by Ord. No. MC 3562]
If the permit or license of any food or beverage vending machine or device as defined in § 229-46 hereof is not renewed or shall be revoked prior to its expiration date, such permittee or licensee shall take all necessary steps to remove such coin-operated food and beverage machine or device from the premises where same is located and from the Town within five days of such expiration date or date of revocation of such permit or license, or, in default thereof, shall be presumed to have abandoned such machine or device to the Town, and by acceptance of such permit or license the permittee or licensee agrees that under such circumstances aforesaid the Town may thereupon cause such machine or device to be destroyed or otherwise disposed of.
A.
Holders of the permit or license granted pursuant to the provisions
of this article shall cooperate with the License Clerk of the Town
and with the person in charge of such Division of Licensing and other
officers of the Town when requested to do so in order to obtain information
or knowledge which will enable them to safeguard the health, welfare,
morals and safety of the residents of the Town as the same may be
affected in anywise by such coin-operated food and beverage vending
machines covered by this article and the provisions of this Code.
B.
If any such permittee or licensee shall refuse to render such cooperation,
the permit or license issued to such permittee or licensee shall be
revoked after a hearing held by the Director of the Department of
Health, upon a finding of guilt of such charge or charges. Written
notice of such hearing shall be given to such permittee or licensee
by letter addressed to such permittee or licensee at the address stated
in the application at least 10 days prior to the date set for hearing,
by certified mail, stating the date, time, place and nature of the
hearing.
[Amended 9-28-1982 by Ord. No. MC 2668; 2-13-1985 by Ord. No. MC 2769; 7-14-2009 by Ord. No. MC 3407; 7-1-2014 by Ord. No. MC 3511]
C.
Such permit or license shall be revoked after such hearing upon proof
of circumstances or conditions which are inimical to the health, welfare,
morals or safety of the residents of the Town.
Permits and licenses issued under the authority of this article
and N.J.A.C. 8:24, Sanitation in Retail Food Establishments and Food
and Beverage Vending Machines, may be suspended, revoked or reinstated
by the health authority, as defined in N.J.A.C. 8:24-1.5, after a
hearing for cause.
No provision of this article or N.J.A.C. 8:24 shall be applied
so as to impose any unlawful burden on either interstate commerce
or any activity of the state or federal governments.
