[HISTORY: Adopted by the Township Committee of the Township of Hillside 12-19-1972 as Ord. No. G-13-72 (Ch. VII, Sec. 7-16, of the 1971 Code). Amendments noted where applicable.]
No person shall distribute, locate or place or continue to distribute, have located or placed outside of buildings for the purpose of operation or use by the public any coin-operated vending machines, as defined herein, without first having obtained a license from the township. A separate application shall be filed with the Township Clerk for each coin-operated vending machine.
As used in this chapter, the following terms shall have the meanings indicated:
- COIN-OPERATED VENDING MACHINE
- Any device or piece of mechanical or electrical equipment or machinery which, upon the insertion of a designated piece or pieces of metallic or other currency of the United States of America into a slot or place on said machine, device or equipment, activates certain mechanisms and results in the dispensing of, or making available to the person or persons inserting said currency into said machine, device or equipment, any kind or type of nonfood merchandise.
Before the applicant shall be entitled to a license as specified herein, he shall:
Obtain a certificate or license from the Board of Health of the Township of Hillside, certifying that the granting of a license at the location applied for does not and will not violate any health regulations or ordinances pertaining to the sale or distribution of food, beverages or merchandise in the Township of Hillside or any laws or regulations of the New Jersey State Board of Health pertaining to the same and that the machine has been inspected by the Health Officer of the Township of Hillside and is unobjectionable from the viewpoint of health and sanitation.
Obtain a certificate from the Chiefs of the Police and Fire Departments that the placing of said machine at the location applied for is unobjectionable from the viewpoint of welfare, safety or traffic considerations.
A license fee of twenty-five dollars ($25.) for each machine applied for is hereby fixed. Said license fee is for the purpose of both regulation and revenue and shall be payable with the filing of the application. If the application is rejected, the fee shall be returned to the applicant. The license shall be for a period of one (1) year, or any part thereof, commencing January 1 in the year in which the license is granted. Said license shall not be transferable and shall be displayed conspicuously on the machine. Nonprofit organizations which can supply a 401C3 certificate shall be exempt from the license fee.
The holder of a license granted pursuant to the provisions of this chapter shall cooperate at all times with the Health Officer, the Chief of Police and Chief of the Fire Department and the Construction Official of the Township of Hillside, when required or requested so to do, to obtain information or knowledge which will enable them or any of them to safeguard the health, welfare and safety of the residents of the Township of Hillside, as the same may be affected in anywise by said coin-operated vending machine. Failure to render such cooperation shall permit the Municipal Judge of the township, after a hearing, on two (2) days' written notice to the licensee at the address stated in the application, giving the time and place of hearing, to revoke said license. In addition, any license granted under the provisions of this section may be revoked by the Municipal Judge of the township upon proof of circumstances or conditions which are inimical to the health, welfare, morals or safety of the residents of Hillside, provided that two (2) days' written notice of a hearing is sent to the licensee at the address stated in the application, designating the time and place of said hearing.
If the licensee intends to renew said license for a year beyond that for which it was granted, said licensee shall advise the Township Clerk in writing, not later than December 1 of the year in which the license expires. If the license is not renewed, the licensee shall take all necessary proceedings to remove said coin-operated vending machine from the township within five (5) days or, in default thereof, said licensee shall be presumed to have abandoned said machine to the township, which may thereupon cause said machine to be destroyed or otherwise disposed of. Also, if a license is revoked during the year for which it was granted, the licensee holding the revoked license shall, within five (5) days, remove said machine from the township or cause the same to be so removed or, in default thereof, said licensee shall be presumed to have abandoned said machine to the Township of Hillside, which may thereupon cause said machine to be destroyed or otherwise disposed of. In the case of a failure to renew said license, the five-day period mentioned above shall commence from five (5) days before expiration, and in the case of the revocation of a license, the five-day period mentioned above shall commence from 2:00 a.m. the day following that on which notice of revocation was sent, registered mail, to the licensee at the address stated in the application of the licensee.
Any person violating any of the provisions of this chapter shall, upon conviction thereof, pay a fine not exceeding one thousand dollars ($1,000.); imprisonment for a term not exceeding ninety (90) days; and/or a period of community service not exceeding ninety (90) days.