[Ord. No. 3]
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 Revised
Statutes 26:3-69.1 to 69.6. A copy of the code is adopted by reference
and made a part hereof without the inclusion of the text thereof herein.
[Ord. No. 3]
The code established and adopted by Sections
BH2-1 through BH2-4 is described and commonly known as the "Food and Beverage Vending Machine Code of New Jersey (1961)."
[Ord. No. 3]
Three copies of the Food and Beverage Vending Machine Code of New Jersey (1961) have been placed on file in the office of the Clerk of this local Board of Health upon the introduction of Sections
BH2-1 through BH2-4, and will remain on file there until final action is taken on Sections
BH2-1 through BH2-4 for the use and examination of the public.
[Ord. No. 6]
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 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
the Food and Beverage Vending Machine Code of New Jersey (1961) as
adopted or amended by the Board.
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 the Food
and Beverage Vending Machine Code of New Jersey (1961) as adopted
or amended by the Board.
[Ord. No. 6; Ord. No. 1-82; Ord. No. 1-88]
a. The fees for permits and licenses are required by Section
BH2-5 for the purpose of raising revenue for regulation and control to be paid annually to this municipality, are hereby fixed as follows: Permit fee, $10 per year. License fee, $30 for each machine per year.
b. All permits and licenses issued under authority of Sections
BH2-5 through BH2-10 shall expire on the 31st day of December of each year. Permits and license fees shall be paid to the Borough of Manasquan.
[Ord. No. 6]
Application for and issuance of the permits and licenses referred to in Section
BH2-5 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 permits and licenses are not transferable.
[Ord. No. 6]
Permits and licenses issued under authority of Sections
BH2-5 through BH2-10 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 the Board of Health.
[Ord. No. 6]
No provision of Sections
BH2-5 through BH2-10 shall be applied so as to impose any unlawful burden on either interstate commerce or any activity of the State or Federal government.