[HISTORY: Adopted by the Board of Health of the Township of Hillside 5-23-1973. Amendments noted where applicable.]
GENERAL REFERENCES
Vending machines — See Ch. 295.
A code regulating the use, operation and maintenance of food and beverage vending machines and licensure thereof; prohibiting the sale or possession with intent to sell through vending machines of adulterated or misbranded foods or drinks; authorizing inspection of vending machines and operations connected therewith; and fixing penalties for violations is hereby established pursuant to N.J.S.A. 26:3-69.1 to 26:3-69.6. A copy of said code is annexed hereto and made a part hereof without the inclusion of the text thereof herein.
Said code established and adopted by this Article is described and commonly known as the "Food and Beverage Vending Machine Code of New Jersey (1961)."
Three copies of said Food and Beverage Vending Machine Code of New Jersey (1961) have been placed on file in the office of the Health Officer of this local Board of Health upon the introduction of this Article and will remain on file there until final action is taken on this Article for the use and examination of the public.
Any person who violates any provision of or order promulgated under this Article or the code established herein shall, upon conviction thereof, be liable to a penalty of not less than $2 nor more than $100 for each violation. Each day a particular violation continues shall constitute a separate offense.
It shall be unlawful for any person, whether as principal or agent, clerk or employee, either for himself or any other person or for any body corporate, or as an officer of any corporation or otherwise to:
A. 
Engage in the operation of one or more machines or devices offered for public use which, upon insertion of a coin, coins or token or by other means, dispenses unit servings of food or beverages, either in bulk or package, without the necessity of replenishing the devices between each vending operation, without first having applied to and procured a permit from the Board of Health of this municipality so to do, or without complying with any and all of the provisions of the Food and Beverage Vending Machine Code of New Jersey (1961), as adopted or amended by said Board.
B. 
Maintain or permit to be maintained on or in any location in this municipality one or more machines or devices offered for public use which, upon insertion of a coin, coins or token or by other means, dispenses unit servings of food or beverages, either in bulk or package, without the necessity of replenishing the devices between each vending operation, without first having applied to and procured a license for each such machine or device from the Board of Health of this municipality or without complying with any and all of the provisions of the Food and Beverage Vending Code of New Jersey (1961), as adopted or amended by said Board.
A. 
The fees for permits and licenses as required by § 322-5 above, for the purpose of raising revenue, for regulation and control to be paid annually to this municipality, are hereby fixed as follows:
[Amended 5-15-2001]
(1) 
Annual permit fee of $35 per owner.
(2) 
Annual license fee of $5 per machine.
B. 
All permits and licenses issued under authority of this article shall expire on the 30th day of June each year.
C. 
Permit and license fees shall be paid to the Board of Health.
D. 
Nonprofit organizations which supply a 401C3 certificate shall be exempt from the license fee.[1]
[1]
Editor's Note: Added at time of adoption of Code; see Ch. 306, General Provisions, Board of Health, Art. I.
Application for and issuance of the permits and licenses referred to in § 322-5 above shall be made in conformity with the provisions of the Food and Beverage Vending Code of New Jersey (1961), as adopted or amended by the Board of Health of this municipality. Such permits and licenses are not transferable.
Permits and licenses issued under authority of this article may be suspended, revoked or reinstated by the Board of Health of this municipality pursuant to the provisions of the Food and Beverage Vending Code of New Jersey (1961), as adopted or amended by said Board of Health.
No provision of this article shall be applied so as to impose any unlawful burden on either interstate commerce or any activity of the state or federal government.
Any person, firm or corporation who shall violate any of the provisions of this article shall, upon conviction, be punished by a fine not to exceed $200 or by imprisonment in the county jail for a period not to exceed 90 days, or by both such fine and imprisonment, and each violation of any of the provisions of this article, and each day the same is violated, shall be deemed and taken to be a separate and distinct offense.