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 to 3-69.6. A copy of said code is annexed hereto and made part hereof without the inclusion of the text thereof herein.
The code established and adopted by this article is described and commonly known as the "Sanitary Requirements for the Vending of Food and Beverages" NJAC 8:24-4.12 et seq.
It shall be unlawful for any person, whether as principal or agent, Clerk or employee, either for himself or for any other person or for any body corporate or as an officer of any corporation, or otherwise, to 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 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 and/or amended by this Board.
The fees for licenses as required by § BOH3-3 above for the purpose of raising revenue for regulation and control to be paid annually to this municipality are hereby fixed as follows: a license fee of $50 per machine, per year, for all food and beverage vending machines, except for those as noted in § BOH3-3, which shall be exempt from the payment of any fee.
All licenses issued under the authority of this article shall expire on the 31st day of December each year.
License fees shall be paid to the Board of Health.
Application for and issuance of the licenses referred to in § BOH3-3 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 licenses are not transferable.
Licenses issued under the 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.
Premises on which food and beverage vending machines or devices are operated and maintained in violation of the provisions of this article are hereby declared to be nuisances and detrimental to the public health.
The Board of Health may institute an action at law to recover costs incurred by it in the removal or abatement of any nuisance, as declared in § BOH3-8 of this article, from any person who shall have caused or allowed such nuisance to exist or from any owner, tenant or occupant of premises who, after notice in writing, fails to abate said nuisance within such time as shall be specified therein, but not less than five days from the date of service thereof. A duplicate of the notice shall be left with one or more of the tenants or occupants of the premises. If the owner resides out of the state or cannot be so notified speedily, such notice shall be left at that place or premises with a tenant or occupant thereof or posted on the premises, and such action shall be considered proper notification to the owner, tenant or occupant thereof.
Any person, firm or corporation who shall violate any of the provisions of this article shall, upon conviction, be punished by a fine of not less than $50 nor more than $2,000, and each day the same is violated shall be deemed and taken to be a separate and distinct offense.