[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.
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.
