[HISTORY: Adopted by the Mayor and Council of the Borough of Clementon
as indicated in article histories. Amendments noted where applicable.]
[Adopted 5-17-1940 by Ord.
No. 77]
After passage of this article, no person, firm or corporation shall
sell or dispense any food, ice cream, candy or beverage in, on or from any
restaurant, saloon, store, eating house, counter, stand, building, framework
or structure of any kind or nature, vehicles or cart, in, on or along any
public highway in the Borough of Clementon or facing or fronting thereon,
unless a license shall be first obtained therefor.
Such license shall be issued by the Borough Clerk for which a fee of
$1 shall be paid by each applicant; said license shall be good only during
the calendar year in which it is issued; the application shall be in writing
and shall specify the location at which it is intended to sell or dispense
food, ice cream, candy or beverage.
No license shall be granted to any person, firm, or corporation unless
there is running water and sanitary drainage connections connected with the
restaurant, store, saloon, eating house, counter, stand, building, framework
or structure of any kind or nature, vehicle or cart, in, on or from which
food, ice cream, candy or beverage shall be dispensed or sold.
This article shall apply to any restaurant, store, saloon, eating house,
counter, stand, building, framework or structure of any kind or nature, vehicle
or cart, in or along any public highway in the Borough of Clementon in, on
or from which ice cream, food, candy and beverages are now sold, or may hereafter
be sold.
This article is a sanitary measure and is designed to protect and promote
the health and general welfare of the public.
Any person, firm or corporation guilty of violating this article shall,
upon due conviction thereof, be fined not more than $200 or shall be imprisoned
in the county jail for a term of not more than 90 days, or both, in the discretion
of the Magistrate.
[Adopted 3-16-1970 by Ord.
No. 69-15]
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 said 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 said Board.
A.
The fees for permits and licenses, as required by § 142-7 above, for the purpose of raising revenue, for regulation and control, to be paid annually to the Borough of Clementon, are hereby fixed as follows:
B.
All permits and licenses, issued under authority of this
article shall expire on the 31st day of January each year.
C.
Permit and license fees shall be paid to the Board of
Health.
Application for and issuance of the permits and licenses referred to in § 142-7 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.
Permits and licenses issued under 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.
Any person, firm or corporation who shall violate any of the provisions
of this article shall, upon conviction thereof in a court of competent jurisdiction,
be subject to a punishment of a fine not to exceed $200, or by imprisonment
in the county jail for a period not to exceed 90 days, or by both such fine
and imprisonment, and each violation of any of the provisions of this article,
and each day the same is violated shall be deemed and taken to be a separate
and distinct offense.
