[HISTORY: Adopted as indicated in article histories. Amendments noted
where applicable.]
[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:
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 by the authority having jurisdiction as specified herein.
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.
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.
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.
That portion of the establishment to which the general public is
permitted access.
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.
Any raw, cooked or processed edible substance, beverage or ingredient
used or intended for use in whole or in part for human consumption.
The Health Officer or his or her authorized representative.
Food or beverage, the temperature of which, at the time of service
to the consumer, is at least 150° F.
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.
The room, enclosure, space or area where one or more vending machines
are installed and operated, whether inside or outside.
That portion of the establishment to which the customer is not permitted
access and which is used for general maintenance and storage purposes.
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.
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.
Any individual, partnership, corporation, company, firm, institution,
trustee, association or any public or private entity.
Any surface of the vending machine, appurtenances or containers which
comes into direct contact with any food, beverage or ingredient.
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.
Any utensil, container, implement or wrapper intended for use only
once in the preparation, storage, display, service or consumption of food
or beverage.
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.
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.
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.
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.
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.
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.
