[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:
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.[1]
Before the applicant shall be entitled to a license as specified herein,
he shall:
A.
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.
B.
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.
