Township of Montclair, NJ
Essex County
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Table of Contents
Table of Contents
[HISTORY: Adopted as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Tobacco vending machines — See Ch. 320.
Vending machines in residential and commercial zones — See Ch. 347, §§ 347-13 and 347-14.
[Adopted by the Board of Commissioners of the Town of Montclair 4-15-1980 by Ord. No. 80-12 as Art. VIII of Ch. 88 of the 1979 Code]
As used in this article, the following terms shall have the meanings indicated:
ADULTERATED
Food shall be deemed or considered adulterated when found in a state or condition as described in N.J.S.A. 24:5-8, as amended.
APPROVED
Approved by the authority having jurisdiction as specified herein.
APPROVED BACTERICIDAL PROCESS OR TREATMENT
The application to clean surfaces of any method or substance for the destruction of pathogenic bacteria or other organisms so far as practicable, subject to being reasonably effective and not adversely affecting the equipment, the food or health of the consumer.
COIN-OPERATED OR SELF-SERVICE DRY-CLEANING ESTABLISHMENT OR DRY-CLEANING ESTABLISHMENT
Those premises wherein devices for the cleaning of textiles, fabrics, garments or other articles by the use of any solvent other than water are installed for and used by the general public.
COMMISSARY
Includes commissary, catering establishment, restaurant or any other place in which food, beverage, ingredients, containers or supplies are kept, handled, prepared or stored and directly from which vending machines are serviced, supplied and filled.
CUSTOMER AREA
That portion of the establishment to which the general public is permitted access.
EMPLOYEE
Any operator or any person employed by him or her in the operation, maintenance or servicing of any vending machine, or who handles any food, beverage or ingredient to be dispensed through vending machines, or who comes in contact with food contact surfaces of containers, equipment, utensils or packaging materials used in connection with vending machine operation, or who otherwise services or maintains one or more such machines.
FOOD
Any raw, cooked or processed edible substance, beverage or ingredient used or intended for use in whole or in part for human consumption.
HEALTH AUTHORITY
The Health Officer or his or her authorized representative.
HOT FOOD OR BEVERAGE
Food or beverage, the temperature of which, at the time of service to the consumer, is at least 150° F.
LAUNDERETTE
A self-service laundry establishment in which the washing and/or drying of clothing and other articles is or may be performed by a customer with the use of automatic washing machines and/or drying machines supplied by and located on the premises of such establishment, for the use of which machines a fee is charged by the operator of the establishment, and includes machines that are coin-actuated and those that are not coin-actuated.
MACHINE LOCATION
The room, enclosure, space or area where one or more vending machines are installed and operated, whether inside or outside.
MAINTENANCE AREA
That portion of the establishment to which the customer is not permitted access and which is used for general maintenance and storage purposes.
MISBRANDING
The use of any written, printed or graphic matter upon or accompanying products or containers dispensed from vending machines, including signs or placards displayed in relation to such products so dispensed, which is false or misleading or which is misbranded within the meaning of N.J.S.A. 24:5-16.
OPERATOR
Any person who by contract or agreement, whether written, verbal or implied, or by ownership furnishes, installs, services, operates or maintains one or more vending machines.
PERSON
Any individual, partnership, corporation, company, firm, institution, trustee, association or any public or private entity.
PRODUCT CONTACT SURFACE
Any surface of the vending machine, appurtenances or containers which comes into direct contact with any food, beverage or ingredient.
READILY PERISHABLE FOODS OR PERISHABLE PRODUCTS
Any food or beverage or ingredients consisting in whole or in part of milk, milk products, eggs, meat, fish, poultry or other food capable of supporting rapid and progressive growth of microorganisms which can cause food infections or food intoxication. However, products in hermetically sealed containers processed by heat to prevent spoilage and dehydrated, dry or powdered products so low in moisture content as to preclude development of microorganisms are excluded from the terms of this definition.
SINGLE-SERVICE ARTICLE
Any utensil, container, implement or wrapper intended for use only once in the preparation, storage, display, service or consumption of food or beverage.
SOLVENT
Any cleaning fluid which is free of additives to mask the odor, classified by the National Board of Fire Underwriters as nonflammable at ordinary temperatures, and not more toxic than the generally accepted threshold limit value for perchlorethylene as promulgated by the American Conference of Governmental Industrial Hygienists.
VENDING MACHINE
Any self-service device offered for public use which dispenses a product, makes a service available or provides entertainment or amusement,[1] except that for the purpose of this article the term "vending machine" shall not be construed as including publicly owned parking meters or change makers.
[1]
Editor's Note: See Ch. 78, Amusements
A. 
No person shall install a vending machine for which a permit is required until a vending machine permit therefor shall have been issued by the designated authority, and no person shall operate a vending machine for which a license is required until a vending machine license therefor shall have been issued by the designated authority. The requirements for vending machine permits and licenses and the designated issuing authorities are as follows:
Type of Vending
Permit Authority
License Authority
Launderette installation or extension thereof
Health Officer
Health Officer
Dry-cleaning installation or extension thereof
Health Officer
Health Officer
Any installation intended to vend a readily perishable food
Health Officer
Health Officer
Any outdoor installation intended to vend only nonperishable products or a service and occupying more than 3 square feet of ground area or being more than 2 feet in height
Superintendent of Building Inspections
No license required
B. 
No vending machine permit or license shall be required for any vending machine or vending installation not described in the above tabulation, except where licenses are required for such machines or installations by ordinances heretofore or hereafter adopted. Nothing herein shall be construed as waiving or altering any of the requirements for building permits or plumbing permits as covered under other codes of the Township of Montclair.
Applications for permits shall be on forms provided by the appropriate authority. A separate application shall be made for each site. Applications shall contain the following information:
A. 
The applicant's full name, residence, telephone number, post office address and whether such applicant is an individual, firm or corporation. If a partnership, the names and addresses of the partners shall be included. If a corporation, the names and addresses of the officers of the corporation shall be included.
B. 
The proposed location of the establishment, a floor plan showing the building outline and location of the equipment.
C. 
The manufacturer of the machine or machines, the trade name and manufacturer's agent and the model, type and description of each machine.
D. 
The name, address and authorized officer of the person engaged to install the equipment.
E. 
The identity and form of the product or products to be dispensed through vending machines.
F. 
The signature of the applicant or its authorized officer.
Application for licenses shall be on forms provided by the appropriate authority. The license application shall identify each machine for which a license is requested. Applications shall contain the following information:
A. 
The applicant's full name, residence, telephone number, post office address and whether such applicant is an individual, firm or corporation. If a partnership, the names and addresses of the partners shall be included. If a corporation, the names and addresses of the officers of the corporation shall be included.
B. 
Location of the establishment.
C. 
Name or names of maintenance personnel and their telephone numbers.
D. 
The location of the commissary or commissaries, if any, and of other establishments where supplies are kept and where vending machines are repaired or renovated.
E. 
The identity of each machine and the form of the product or products to be dispensed by it.
F. 
The signature of the applicant or its authorized officer.
A. 
Upon receipt by the Superintendent of Building Inspections of an application for a permit to install a vending machine, the Superintendent of Building Inspections shall check the proposed installation for compliance with all codes under his or her supervision and issue a vending machine installation permit and also a building permit and plumbing permit upon proper application or advise the applicant of the reason for his or her disapproval of the application. He or she shall inspect the installation from time to time during construction to ensure conformance with all applicable codes and ordinances.
B. 
Upon receipt of an application for a permit for the installation of a vending machine, the Health Officer shall forthwith notify the Superintendent of Building Inspections of the receipt of the application and of pertinent details of the project. The Superintendent of Building Inspections shall then make an inspection to determine whether the proposed vending machine installation meets the requirements of Chapter 347, Zoning, the Building Code, the Plumbing Code and any provisions of this article under his or her supervision.[1] After making such inspection, the Superintendent of Building Inspections shall immediately notify the Health Officer, in writing, of his or her approval of the application or of his or her disapproval of the application and the reason therefor.
[1]
Editor's Note: See Ch. 121, Contruction Codes, Uniform.
C. 
The Health Officer shall also make such investigation as may be necessary to determine compliance with this article and other applicable codes under his or her supervision. If the project is approved by both the Superintendent of Building Inspections and the Health Officer, the Health Officer shall issue a vending machine permit, forwarding one copy thereof to the Superintendent of Building Inspections, who may then issue a building permit and plumbing permit upon proper application. If the project is not approved, the Health Officer shall notify the applicant of the reason therefor.
D. 
Both the Health Officer and the Superintendent of Building Inspections or their representatives shall inspect the installation from time to time during construction to ensure conformance with all applicable codes and ordinances.
A. 
Upon receipt of an application for a license for the operation of any vending machine, the Health Officer shall make an inspection of the machine and the machine location to determine compliance with the provisions of this article. A numbered vending machine license for each machine shall be issued to the applicant by the health authority after compliance by the applicant with the applicable provisions of the article.
B. 
The machine license number, of a size and style approved by the Health Officer, shall be conspicuously displayed on the vending machine for which such license has been issued.
C. 
Licensees shall obtain approval of the Health Officer before any conversion of the machine to dispense products other than those for which the license was issued or any change of commissary, service or transport facilities.
[Amended 3-31-1987 by Ord. No. 87-12]
The fee for a permit issued under § 333-5 hereof to install any vending machine shall be $10 per machine.
The fee for a license issued under § 333-6 hereof to operate a dry-cleaning establishment or launderette shall be $25 per year or part thereof per establishment.
A. 
The fee for a license issued under § 333-6 hereof to operate any vending machine which vends a readily perishable food shall be as follows:
(1) 
For such vending machines located within buildings or structures and available to the public only when said building or structure is attended: $10 per year for the first machine on any site and $2 per year for each additional machine operated by the same operator at the same site.
(2) 
For all such other vending machines: $15 per year for the first machine at any site and $5 per year for each additional machine operated by the same operator at the same site.
B. 
For the purpose of this section, the term "site" shall include all locations within any single building or on any single real property holding.
A. 
All vending machine licenses issued under § 333-6 shall expire on December 31 of each calendar year.
B. 
Any vending machine license may be transferred from one machine to another at the same location, of the same make and design and vending the same produce or products, provided that written notice of such transfer is filed with the Health Officer within 24 hours.
Nothing contained in this article shall be construed to relieve any person installing or operating a vending machine from the requirements of Chapter 186, Health Standards, the Building Code or the Plumbing Code or the regulations contained therein,[1] including those pertaining to issuance of permits and the payment of fees therefor. It is hereby specifically provided that in the event of conflict between provisions of this article and the provisions of Chapter 186, Health Standards, the Building Code or the Plumbing Code of the Township of Montclair, the provisions of the latter shall control.
[1]
Editor's Note: See Ch. 121, Contruction Codes, Uniform.
Persons denied a license or permit shall be notified in writing accordingly by the permit authority or license authority designated in § 333-2 to issue permits or licenses. Such notice shall specify the reason for such action and the remedial action necessary to obtain approval for issuance of a license or permit.
The Health Officer may inspect any vending machine or vending machine installation, whether vending perishable products or not, or any commissary for any food vending machine, as often as he or she deems necessary, and the owner, operator or licensee or his or her representative shall permit access to any portion of the establishment for the purpose of making an inspection.
A. 
The license of any person to operate a vending machine may be suspended or revoked by the Director of the Department of Parks, Recreation and Public Affairs for a violation of any provision of this article or for the violation of any applicable provision of the health laws of the Township of Montclair[1] or the State of New Jersey.
[1]
Editor's Note: See Ch. 186, Health Standards.
B. 
No vending machine license may be revoked except after due notice and opportunity for a hearing. Pending such hearing, licenses may be suspended by the Director, provided that such suspension is deemed necessary to protect the public health, safety or welfare.
Vending machines located within a room or building shall not be opened and available to the public before 7:00 a.m. nor after 10:00 p.m. unless an attendant is present or unless use is restricted to residents or occupants of the building within which the machines are located.
A. 
Construction, operation and maintenance requirements.
(1) 
The public shall only be permitted access to that portion of coin-operated or self-service dry-cleaning machines which is necessary for use of those machines. The remaining portion of each machine shall be separated from the customer area by a partition in which there are grills or similar ventilation devices. This partitioned-off area shall be called the "maintenance area." The access door to the maintenance area shall be self-closing and locked to prevent access by the public.
(2) 
No person other than the license holder or his or her representative shall enter the maintenance area.
(3) 
The maintenance area shall not be interconnected with the areas containing heating devices requiring air for combustion, such as gas dryers, water heaters and comfort heating devices.
(4) 
Heating devices requiring air for combustion shall be installed in such fashion as to obtain air for combustion from the outside atmosphere.
(5) 
Ventilation of establishments shall be effected by the drawing of air from the customer area through grills or other openings in the partition by means of an exhaust fan or fans operating in the maintenance area. Exhaust fans shall be a minimum rated capacity of 400 cubic feet per minute per machine for normal use and 1,000 cubic feet per minute per machine for use in emergencies. The rated capacities of exhaust fans shall appear on this equipment or its nameplate. If air is being constantly exhausted as a built-in feature of the equipment, the rated capacity of the fan can be reduced by this amount.
(6) 
Air shall be replenished at a temperature of not less than 60° F. as quickly as it is exhausted from the customer area.
(7) 
Each coin-operated or self-service dry-cleaning machine shall be equipped with an exhaust system that maintains a minimum of 100 feet per minute velocity through the loading door whenever the door is open. The ductwork connections to this system shall be sealed (soldered or taped) and the discharge outlet extended to a minimum height of five feet above the roof line and shall be located so that the effluent may not reenter the premises.
(8) 
A concrete dike or metal pan or similar facility shall be installed at the location of each machine to collect and contain spillage. This facility shall be constructed of a material impervious to the solvent used.
(9) 
The floor covering in the customer area shall be made of a material resistant to the solvents used in such machines.
(10) 
All establishments shall meet the requirements of all established state and local laws, codes and regulations, including but not limited to air pollution, electrical wiring, plumbing, fire prevention, waste disposal, sanitation, solvent storage, food or beverage vending, hours of operation and presence of an attendant.
B. 
Personnel and customer safety.
(1) 
A respirator approved by the United States Bureau of Mines as affording protection against organic solvent vapors shall be provided for and used by maintenance personnel during correction of leakages, cleaning of the system, removal of lint and muck bags and at all times when the odor of solvent is noticeable.
(2) 
The customer area shall be equipped with a fire extinguisher approved for use against electrical or oil fires by the National Board of Fire Underwriters.
(3) 
A step-by-step readily legible instruction list for operation of machines shall be posted in a conspicuous location near the machine in the customer area. These instructions shall include a list of items not to be dry-cleaned in coin-operated or self-service dry-cleaning machines, such as those made in part or completely of plastic, rubber, leather, paper, fur, angora and urethane.
(4) 
Each establishment shall post in a conspicuous location, readily visible from the outside of the premises, the telephone number or numbers to be called in the event of an emergency.
(5) 
Each machine shall be provided with an interlock system to prevent the loading door from being opened during the normal cycle or in the event of a power failure. This system may be electrical and/or mechanical.
(6) 
No machine shall be permitted to be operated in a coin-operated or self-service dry-cleaning establishment which in normal operation fails to eliminate all vapors from the cleaned items upon completion of the dry-cleaning cycle.
(7) 
Immediate action shall be taken to eliminate solvent odor in the customer area. Failure to take such action shall be just cause for closing the establishment. Vapors or odors from establishments shall be exhausted in such manner as not to constitute air pollution, as defined by statute (Chapter 212, P.L. 1954).[1]
[1]
Editor's Note: See N.J.S.A. 26:2C-1 et seq.
(8) 
No person shall use spotting equipment containing flammable material in a coin-operated or self-service dry-cleaning establishment.
(9) 
Each machine shall be inspected each day it is in operation and kept in good repair by maintenance personnel. A record shall be kept in the maintenance area of all inspections and repairs made.
(10) 
Solvents shall be kept in closed airtight containers and handled in such manner as to prevent the escape of odors.
A. 
Sanitation requirements.
(1) 
Vended products.
(a) 
Food, beverages and ingredients offered for sale through vending machines shall:
[1] 
Be manufactured, processed and prepared in commissaries or establishments meeting the requirements of local ordinance and state and federal law or regulation.
[2] 
Be wholesome and free from spoilage, contamination and adulteration.
[3] 
Be stored or packaged in clean, protective containers and be handled, transported and vended in a sanitary manner; wet storage of packaged products is prohibited.
[4] 
If readily perishable, be dispensed to the consumer in the individual original container or wrapper into which it was placed at the commissary or at the manufacturer's or processor's plant, or such products shall be dispensed into single-service containers.
(b) 
In those vending machines dispensing readily perishable foods, beverages or ingredients in bulk, the bulk supplies of such foods, beverages or ingredients shall be transferred only to a bulk vending machine container and appurtenances which are clean and have been subjected to an approved bactericidal process.
(2) 
Temperatures.
(a) 
Readily perishable foods or ingredients in vending machines shall be maintained at a temperature not higher than 45° F. or a temperature not lower than 150° F., whichever is applicable. Vending machines dispensing readily perishable foods shall be provided with controls which ensure the maintenance of the temperatures as required herein at all times excepting the actual time required to fill or otherwise replenish a machine and for a maximum recovery period of 30 minutes following completion of filling or replenishing operations. In vending machines in which both heating and cooling are accomplished, the heating cycle from 45° F. to 150° F. food temperature or the cooling cycle from 150° F. to 45° F. food temperature shall not exceed one hour. The total accumulated time perishable foods may be between 45° F. and 150° F. shall not exceed two hours.
(b) 
Vending machines dispensing readily perishable foods shall be equipped with controls which render a machine inoperative until serviced by an operator in the event of power failure or other condition which permits the food to attain a temperature above 45° F. or below 150° F., whichever is applicable. Vending machines dispensing readily perishable food shall be provided with a thermometer which indicates the air temperature of the food storage compartment within an accuracy of plus or minus 2° F.
(3) 
Milk containers. Milk and fluid milk products and milk and milk products added to other foods or beverages offered for sale through vending machines shall be dispensed only in individual original containers or from bulk containers into which such product was placed at the milk plant.
(4) 
Parts in contact with milk. All multi-use parts of any bulk milk vending machine which come into direct contact with the milk or milk product shall be effectively cleaned and bactericidally treated at the milk plant, provided that single-service dispensing tubes which receive bactericidal treatment at the fabricating plant and which are individually packaged in such manner as to preclude contamination may be exempted from this provision. The can or other bulk milk container shall be filled only at the milk plant and shall be sealed with two seals in such manner as to make it impossible to withdraw any part of its contents without breaking one seal and impractical to introduce any substance without breaking the other seal. The delivery tube and any milk contact parts of the dispensing device shall be attached at the milk plant and shall be protected by a moistureproof covering or housed in a compartment with a moisture-tight closure which shall not be removed until after the container is placed in the refrigerator compartment of the vending machine.
(5) 
Parts in contact with perishables other than milk. With the exception of product contact surfaces of bulk milk vending machines for which separate provisions for cleaning and bactericidal treatment are specified in Subsection A(4) above, all multi-use containers or parts of vending machines which come into direct contact with readily perishable foods, beverages or ingredients shall be removed from the machine daily and shall be thoroughly cleaned and effectively subjected to an approval bactericidal process at the commissary or other approved facility, provided that the requirement for daily cleaning and bactericidal treatments may be waived for those contact surfaces which are maintained at all times at a temperature of not higher than 45° F. or at a temperature of not lower than 150° F., whichever is applicable. Such parts shall, after cleaning and bactericidal treatment, be protected from contamination.
(6) 
Parts in contact with nonperishables. All parts of vending machines which come into direct contact with other than readily perishable foods shall be thoroughly cleaned and subjected to bactericidal treatment by methods approved by the health authority. The frequency of such cleaning and bactericidal treatment shall be established by the health authority based upon the type of product being dispensed. A record of such cleaning and bactericidal treatment operations shall be maintained by the operator in each machine and shall be current for at least the past 30 days.
(7) 
Single-service articles. All single-service articles which receive food or beverage from vending machines shall be purchased in sanitary cartons or packages which protect the contents from contamination, shall be stored in a clean, dry place until used and shall be handled in a sanitary manner. Such articles shall be stored in the original carton or package in which they were placed at the point of manufacture until introduced into the magazine or dispenser of the vending machine. Single-service articles shall be protected from manual contact, dust, insects, rodents and other contamination.
(8) 
Machine location, in general.
(a) 
Machine locations shall be such as to minimize the potential for contamination of the product, shall be easily cleanable and shall be kept clean. All machines shall be constructed, located, manufactured and operated in conformity with local ordinances as well as state and federal law or regulation.
(b) 
Vending machines shall be located in a room, area or space which can be and is maintained in a clean condition and which is protected from overhead leakage from drains and piping. Each vending machine shall be so located and maintained that the space around and under the machine can readily be and is cleaned, and insect and rodent harborage is not permitted.
(c) 
The floor area upon which vending machines are located shall be reasonably smooth, of cleanable construction and be capable of withstanding repeated washing and scrubbing. This space and the immediate surroundings of each vending machine shall be maintained in a clean condition.
(9) 
Exterior construction and maintenance of machines.
(a) 
The exterior construction of the vending machine shall be such as to facilitate cleaning and to prevent the entrance of insects and rodents, and the exterior of the machine shall be kept clean.
(b) 
A vending machine shall be of sturdy construction, and the exterior shall be so designed, fabricated and finished as to facilitate its being kept clean and to prevent the entrance of insects and rodents.
(c) 
Door and panel access openings to the product and container storage spaces of a machine shall be tight-fitting and, if necessary, gasketed so as to prevent the entrance of dust, moisture, insects, rodents or any other foreign or injurious contamination.
(d) 
All necessary ventilation louvers or openings into vending machines shall be effectively screened against insects and rodents. Such screening material shall not be less than 16 mesh to the inch or equivalent.
(e) 
In all vending machines in which a condenser unit is an integral part of the machine, such unit shall be sealed from the product and container storage spaces.
(f) 
Unless the vending machine is sealed to the floor so as to prevent seepage underneath or can be manually moved with ease, one or more of the following provisions shall be utilized to facilitate cleaning operations: The machine shall be mounted on legs six or more inches in height, or the machine shall be mounted on casters or rollers, or the machine shall be mounted on gliders which permit it to be easily moved.
(g) 
All service connections through an exterior wall of the machine, including water, gas, electrical and refrigeration connections, shall be grommeted or sealed to prevent the entrance of insects and rodents. All connections to such utilities shall be such as to protect against unauthorized or accidental interruption of service.
(10) 
Interior construction and maintenance of machines.
(a) 
All interior surfaces and component parts of the vending machine shall be so designed and constructed as to permit easy cleaning and shall be kept clean.
(b) 
Nonproduct contact surfaces of the interior of vending machines shall be so designed and constructed as to permit easy cleaning and to facilitate maintenance operations and shall be kept clean. Inaccessible surfaces or areas shall be minimized.
(c) 
All product contact surfaces of vending machines shall be smooth, in good repair and free of breaks, corrosion, open seams, cracked and chipped places and shall be kept clean. The design of such surfaces shall be such as to prevent contact between food and V-type threaded surfaces. All joints and welds in product contact surfaces shall be smooth, and all internal angles and corners of such surfaces shall be rounded to facilitate cleaning.
(d) 
All product or ingredient contact surfaces of vending machines, including containers, pipes, valves and fittings, shall be constructed of nontoxic, corrosion-resistant and relatively nonabsorbent materials and shall be kept clean. All containers, valves, fittings, chutes and faucets which are in contact with food shall be easily and readily removable and so fabricated as to be easily disassembled, and when disassembled all surfaces shall be visible for inspection and cleaning. In machines of such design that product contact pipes or tubing are not readily removable, in-place cleaning of such pipes and pipe fittings is permissible, provided that they are so arranged that cleaning and bactericidal solutions can be circulated throughout the fixed system, that such solutions will contact all interior surfaces, that the system is self-draining or otherwise completely evacuated and that the cleaning procedures result in thorough cleaning of the equipment.
(e) 
The openings into all nonpressurized containers used for the storage of vendable foods and ingredients, including water, shall be provided with covers which prevent contamination from reaching the interior of the containers. Such covers shall be designed to provide a flange which overlaps the openings and shall be sloped to provide drainage from the cover surface. Any port opening through the cover shall be flanged upward at least 3/8 inch and shall be provided with a cover which overlaps the flange. Condensation or drip-deflecting aprons shall be provided on all piping, thermometers, equipment, rotary shafts and other functional parts extending into the container, unless a watertight joint is provided. Such aprons shall be considered as satisfactory covers for those openings which are in continuous use. Gaskets, if used, shall be of a material which is nontoxic, relatively stable and relatively nonabsorbent and shall have a smooth surface. All gasket-retaining grooves shall be readily cleanable.
(f) 
The delivery tube or chute and orifice of all bulk foods and bulk beverage vending machines shall be protected from normal manual contact, dust, insects, rodents and other contamination. The design shall be such as to divert condensation or other moisture from the normal filling position of the container receiving the food or beverage. The vending stage of such machines shall be provided with a tight-fitting. self-closing door or cover which is kept closed except when the machine is in the process of delivering food or beverage.
(g) 
The product storage compartment within vending machines dispensing packaged liquid products shall be so constructed as to be self-draining or shall be provided with a drain outlet which permits complete draining of the compartment. All such drains shall be easily cleanable.
(h) 
Opening devices which come into contact with the product or the product contact surface of the containers shall be constructed of smooth, nontoxic, corrosion-resistant and relatively nonabsorbent materials. Unless the opening device is of a single-service type, it shall be readily removable for cleaning and shall be kept clean. Parts of multi-use opening devices which come into contact with the product or product contact surface of containers shall be protected from manual contact, dust, insects, rodents and other contamination, and such parts shall be readily removable for cleaning and shall be kept clean.
(11) 
Water supply.
(a) 
Water used in vending machines shall be from a source approved by the health authority and shall be of a safe and sanitary quality.
(b) 
Water used as a product ingredient shall be piped into the vending machine under pressure, and all connections and fittings shall be installed in accordance with local or state plumbing regulations. Containers for the storage of water shall be designed and maintained as a product contact surface.
(c) 
If used, water filters or other water-conditioning devices shall be of a type which may be disassembled for periodic cleaning or replacement of the active element. Replacement elements shall be handled in a sanitary manner.
(d) 
All vending machines which dispense carbonated beverages and which are connected to a water supply system shall be equipped with two check valves, a double check valve or an air gap, or a device to vent carbon dioxide to the atmosphere or other device approved by the health authority which will provide positive protection against the entrance of carbon dioxide or carbonated water into the water supply system.
(e) 
Where check valves are used for the protection of the water supply system, a screen of not less than 100 mesh to the inch shall be installed in the water supply line immediately upstream from the check valve.
(f) 
In all vending machines which dispense carbonated beverages and which are connected to a water supply system, the ingredient water contact surfaces from the check valves or other protective device downstream, including the device itself, shall be of such material as to preclude the production of toxic substances which might result from interaction with carbon dioxide or carbonated water.
(12) 
Waste disposal.
(a) 
All trash and other waste material shall be removed from machine locations as frequently as may be necessary to prevent nuisances and unsightliness and shall be disposed of in a manner approved by the health authority.
(b) 
Self-closing, leakproof, readily cleanable, plainly labeled and designated waste container or containers shall be provided in the vicinity of each machine or machines to receive used cups, cartons, wrappers, straws, closures and other single-service items. Such waste containers shall not be located within the vending machine, provided that an exception shall be made for those machines dispensing only packaged products with crown closures, in which case the closure receptacle may be located within the machine. Suitable racks or cases shall be provided for multi-use containers or bottles.
(c) 
Containers shall be provided within all machines dispensing liquid products in bulk for the collection of drip, spillage, overflow or other liquid wastes. An automatic shutoff device shall be provided which will place the vending machine out of operation before such container overflows. Containers or surfaces on which such wastes may accumulate shall be readily removable for cleaning, shall be easily cleanable and shall be corrosion-resistant. If liquid wastes from drip, spillage or overflow which originate within the machine are discharged into a sewerage system, the connection to the sewer shall be through an air gap.
(13) 
Utensils and equipment. Acceptable facilities shall be provided for the washing, cleaning and bactericidal treatment of all utensils and equipment used in the maintenance or operation of any food vending machine. Cleaned containers and closures shall be protected from contamination until filled and sealed.
B. 
Delivery of foods, ingredients, equipment and supplies to machine locations.
(1) 
Food, beverages or ingredients while in transit to vending machine locations shall be protected from the elements, dirt, dust, insects, rodents and other contamination. Similar protection shall be provided for single-service articles and for the product contact surfaces of equipment, containers and devices in transit to machine locations.
(2) 
Readily perishable foods or beverages while in transit to vending machine locations shall be maintained at a temperature of not more than 45° F. or at a temperature of not less than 150° F., whichever is applicable.
C. 
Personnel, cleanliness and disease controls.
(1) 
Employees shall wash their hands immediately prior to engaging in any vending machine servicing operation which may bring them in contact with foods, beverages or ingredients or with product contact surfaces of utensils, containers or equipment. While engaged in such servicing operations, employees shall wear clean outer garments.
(2) 
No employee with any disease in a communicable form or who is a carrier of such disease shall work in any commissary or in vending machine operations in any capacity which brings him or her into contact with the production, handling, storage or transportation of foods, beverages, ingredients or equipment used in vending machine operations, and no operator shall employ in any such capacity any such person or any person suspected of having any disease in a communicable form or of being a carrier of such disease. Any employee who has a discharging or infected wound, sore or lesion on hands, arms or any exposed portion of the body shall be excluded from those operations which will bring him or her into contact with foods, beverages, utensils or equipment used in vending machine operations. Any operator among whose employees there occurs a communicable disease or who suspects that any employee has contracted any disease in a communicable form or has become a carrier of such disease shall notify the health authority immediately.
(3) 
When suspicion arises as to the possibility of transmission of infection from any employee, the health authority is authorized to require any or all of the following measures:
(a) 
The immediate exclusion of the employee from all commissaries and vending machine operations.
(b) 
The immediate closing of the commissaries and operations concerned until, in the opinion of the health authority, no further danger of disease outbreak exists.
(c) 
Medical examination of the employees, with such laboratory examinations as may be indicated, all at the expense of the licensee.
D. 
Examination and condemnation of unwholesome, contaminated or adulterated food and drink.
(1) 
The health authority may take and examine samples of food, drink and other substances as often as he or she deems necessary for the detection of unwholesomeness, adulteration or contamination. At the time samples are taken, a receipt shall be forwarded or delivered to the operator in charge of the vending machine. The operator shall make provisions for the health authority, either in company with an employee or otherwise, to have access to the interior of all vending machines operated by him or her.
(2) 
The health authority may forbid the sale or use of any food or drink from a vending machine which is or is suspected of being unwholesome, adulterated or misbranded.
(3) 
The health authority may forbid the use of a vending machine or any equipment or utensils thereof which have not been properly treated by an approved bactericidal process or which in his or her opinion may lead to the adulteration or contamination of any food or drink with which it may contact.
E. 
Emergency termination of operation of vending or commissary.
(1) 
Whenever the health authority shall find grossly unsanitary or other conditions present in the operation of a vending machine or commissary which constitute a substantial and immediate hazard to the public health, the health authority shall forthwith issue and deliver to the operator a written order setting forth the existence of such condition or conditions and specifying in detail the corrective action which must be taken and, if required, directing the discontinuance of the operation. Such order shall become effective immediately and shall apply only to the particular vending machine, commissary or product involved.
(2) 
Any operator to whom such an order is issued by the health authority shall comply with said order forthwith, and if the particular condition or conditions are not corrected and the operation has not previously been ordered discontinued, the health authority may issue a supplemental order directing immediate discontinuance of the operation in question. Any operator may appeal from any such order or orders of the health authority to the Director of the Department of Parks, Recreation and Cultural Affairs, who shall forthwith hold a hearing on the order or orders appealed from and who, after hearing, may affirm, reverse or modify any such order or orders of the health authority.
The Township Council, upon recommendation of the Health Officer or Superintendent of Building Inspections, shall have power to authorize upon application, in specific cases, such variances from the terms of this article as will not be contrary to the public interest, where, owing to special conditions, literal enforcement of the provisions of this article will result in unnecessary hardship and so that the spirit of the article shall be observed and substantial justice done.
[Amended 5-23-2000 by Ord. No. 00-19; 4-10-2007 by Ord. No. 07-17]
Any person who violates any provision of this article shall, upon conviction thereof, be punished by a fine not exceeding $2,000, imprisonment in the county/municipal jail for a term not exceeding 90 days, or a period of community service not exceeding 90 days, or any combination thereof as determined by the Municipal Court Judge. Each day on which a violation of an ordinance exists shall be considered a separate and distinct violation and shall be subject to imposition of a separate penalty for each day of the violation as the Municipal Court Judge may determine.
[Adopted by the Council of the Township of Montclair 5-3-1988 by Ord. No. 88-20 (Art. XII of Ch. 88 of the 1979 Code)]
A. 
Any newspaper vending machine, hereinafter referred to as a "newsrack," which rests in whole or in part upon, or on any portion of a public right-of-way, or which projects onto, into or over any part of a public right-of-way shall be located in accordance with the provisions of this article.
B. 
Regulations.
(1) 
No newsrack shall be used or maintained which projects onto, into or over any part of the roadway of any public street or which rests, wholly or in part upon, along or over any portion of the roadway of any public street.
(2) 
No newsrack shall be permitted to rest upon, in or over any public sidewalk, when such installation, use or maintenance:
(a) 
Endangers the safety of persons or property;
(b) 
Unreasonably interferes with or impedes the flow of pedestrians or vehicular traffic, including any legally parked or stopped vehicle;
(c) 
Unreasonably interferes with the ingress or egress from any residence or place of business; or
(d) 
Unreasonably interferes with the use of traffic signs or signals, hydrants or mailboxes permitted at or near said location.
(3) 
Newsracks shall be freestanding and stable so as to prevent their being blown down or around the public right-of-way.
[Amended 10-1-1991 by Ord. No. 91-45]
(4) 
Newsracks may be placed next to each other, provided that no group of newsracks shall extend for a distance of more than four feet along a curb. There must be at least 50 feet between any newsrack or permissible group of newsracks and any other newsrack or group of permissible newsracks.
[Amended 10-1-1991 by Ord. No. 91-45]
(5) 
No newsrack shall be placed, installed, used or maintained:
(a) 
Within three feet of any marked crosswalk.
(b) 
Within 12 feet of a curb return of any unmarked crosswalk.
(c) 
Within five feet of any fire hydrant, fire call box, police call box or other emergency facility.
(d) 
Within five feet of any driveway.
(e) 
Within three feet of or on any public area improved with lawn, flowers, shrubs, trees or other landscaping.
(f) 
At any location that would unreasonably restrict the passageway of pedestrians.
C. 
Notification of placement.
[Added 6-28-1988 by Ord. No. 88-46]
(1) 
Owners of newsracks shall be responsible for giving written notification of the location of the placement of a newsrack to the Township Manager who shall be responsible for the enforcement of this article.
[Amended 10-1-1991 by Ord. No. 91-45]
(2) 
Owners shall also be responsible to certify compliance with this article on an annual basis, by September 1 of each year, as well as to provide the Township with the location of each machine.
Any newsrack which in whole or in part rests upon or over any public sidewalk or parkway shall comply with the following standards:
A. 
No newsrack shall exceed 60 inches in height, 24 inches in width or 20 inches in thickness.
B. 
No newsrack shall be used for advertising signs or publicity purposes other than dealing with the display, sale or purchase of newspaper sold therein. No newsrack shall contain publicity or advertising material unless associated with a newspaper.
[Amended 10-1-1991 by Ord. No. 91-45]
C. 
Each newsrack shall be equipped with a coin return mechanism to permit a person using the machine to secure an immediate refund in the event that he or she is unable to receive the publication paid for. The coin return mechanisms shall be maintained in good working order.
D. 
Each newsrack shall have affixed to it in a readily visible place so as to be seen by anyone using the newsrack a notice setting forth the name and address of the distributor and the telephone number of a working telephone service to call to report a malfunction or to secure a refund in the event of a malfunction of the coin return mechanism or to give the notices provided for in this article.
E. 
Each newsrack shall be maintained in a neat and clean condition and in good repair at all times. Specifically, but without limiting the generality of the foregoing, each newsrack shall be serviced and maintained so that:
(1) 
It is reasonably free of chipped, faded, peeling and cracked paint in the visible painted areas thereof.
(2) 
It is reasonably free of rust and corrosion in the visible unpainted metal areas thereon.
(3) 
The clear plastic or glass parts thereof, if any, through which the publications therein are viewed are unbroken and reasonably free of cracks, dents, blemishes and discolorations.
(4) 
The paper or cardboard parts of inserts thereof, if any, are reasonably free of tears, peeling or fading.
(5) 
The structural parts thereof are not broken or unduly misshapen.
[Added 10-1-1991 by Ord. No. 91-45; 5-23-2000 by Ord. No. 00-19; 4-10-2007 by Ord. No. 07-17]
Any person who violates any provision of this article shall, upon conviction thereof, be punished by a fine not exceeding $2,000, imprisonment in the county/municipal jail for a term not exceeding 90 days, or a period of community service not exceeding 90 days, or any combination thereof as determined by the Municipal Court Judge. Each day on which a violation of an ordinance exists shall be considered a separate and distinct violation and shall be subject to imposition of a separate penalty for each day of the violation as the Municipal Court Judge may determine.