[Amended 10-19-1977 by Ord. No. 1261]
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 Health Officer 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 of Commissioners.
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 Health
Officer of this municipality or without complying with any and all
of the provisions of the Food and Beverage Vending Code of New Jersey
(1961) as adopted or amended by the Board of Commissioners.
Application for and issuance of the permits and licenses referred to in §
394-1 above shall be made in conformity with the provisions of the Food and Beverage Vending Code of New Jersey (1961) as adopted or amended by the Board of Commissioners of this municipality. Such permits and licenses are not transferable.
[Amended 10-19-1977 by Ord. No. 1261]
Permits and licenses issued under authority
of this chapter may be suspended, revoked or reinstated by the Board
of Commissioners of this municipality pursuant to the provisions of
the Food and Beverage Vending Code of New Jersey (1961) as adopted
or amended by said Board of Commissioners.
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.
[Amended 10-19-1977 by Ord. No. 1261]
Any person, firm or corporation who shall violate any of the provisions of this chapter shall, upon conviction, be punished as provided for in Chapter
1, General Provisions, Article
I, and each violation of any of the provisions of this chapter, and each day the same is violated shall be deemed and taken to be a separate and distinct offense.
[Added 10-19-1977 by Ord. No. 1261]
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 the inspection
of vending machines and operations connected therewith and fixing
penalties for violations is hereby established pursuant to N.J.S.A.
26:3-69.1 to 26:3-69-6. A copy of said code is annexed hereto and
made a part hereof without the inclusion of the text thereof herein.
[Added 10-19-1977 by Ord. No. 1261]
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)."
[Added 10-19-1977 by Ord. No. 1261]
Three copies of the said Food and Beverage Vending
Machine Code of New Jersey (1961) have been placed on file in the
office of the Town Clerk upon the introduction of this chapter and
will remain on file there until final action is taken on this chapter
for the use and examination by the public.