Township of Wayne, NJ
Passaic County
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Table of Contents
Table of Contents
[HISTORY: 1988 Code §§ 203-1 — 203-16 adopted as amended through December 31, 2013. Amendments noted where applicable.]
[New]
As used in this chapter, the following terms shall have the meanings indicated:
COMMISSARY
Restaurant, commissary, caterer or any other place in or from which food, beverage or the ingredients thereof are kept, handled, prepared, stored or sold for subsequent dispensing through vending machines.
DISTRIBUTOR
Any person who is engaged in the business of distributing vending machines, whether or not he/she shall retain the ownership of said machines.
EMPLOYEE
Any operator or his/her representative who handles food, beverages or ingredients to be dispensed through vending machines; or who comes into contact with food or surfaces of containers, equipment, utensils or packaging materials used in connection with vending machine operations; or who otherwise services or maintains a vending machine.
FOOD
Any raw, cooked or processed edible substance, beverage or ingredient used or intended for use in whole or in part for human consumption.
HEALTH OFFICER
The Health Officer of the Township or his/her authorized representatives.
MACHINE LOCATION
Any room enclosure, space or area where one or more vending machines are installed and operated.
OPERATOR
Any person, as herein defined, who sells food, nonalcoholic beverages, over-the-counter drugs, cosmetics, goods, wares or merchandise through a vending machine. For the purpose of this chapter, the person having custody and control of the coin receptacle, box or container in a vending machine shall be conclusively presumed to be the operator thereof and shall have the responsibility of obtaining the license therefor as hereinafter provided.
VENDING MACHINE
Means a self-service device that upon insertion of a coin, paper currency, token, card or key or by optional manual operation dispenses unit servings of food in bulk or in packages without the necessity of replenishing the device between each vending operation.
A. 
Operator's license. No person shall engage in the business of operating one or more vending machines in the Township without first obtaining an operator's license for each such machine.
B. 
Distributor's license. No person shall engage in the business of distributing one or more vending machines in the Township without first obtaining a distributor's license.
Applications for an operator's or distributor's license required by this chapter shall be made to the Health Officer upon forms provided by him/her. The forms shall be signed by the applicant, if an individual, and by a duly authorized agent, if a partnership or corporation. Such application shall set forth the following information:
A. 
Operator's license.
(1) 
The applicant's full name, residence and post office address, and whether such applicant is an individual, firm or corporation; if a partnership, the names of the partners, together with their addresses, shall be included; if a corporation, the name and date of incorporation and the state under the laws of which such corporation was organized; if a foreign corporation, whether authorized to do business in the State of New Jersey, the names of the principal officers, directors and local representatives, their residences and business addresses.
(2) 
The type and kind of vending machines to be operated, and the proposed location of all such vending machines.
(3) 
The name and address of the person from whom such vending machine is to be purchased, rented or otherwise obtained.
B. 
Distributor's license. In addition to the information required in Subsection A hereof, an application for a distributor's license shall contain the following information:
(1) 
If the applicant is a corporation, the names and addresses of the stockholders holding 1% or more of any of the stock thereof, and the names and addresses of all officers and members of the Board of Directors.
(2) 
If an applicant is a partnership, the names and addresses of all of the partners, stating their respective interests therein.
[New]
Before any applicant shall be entitled to a license:
A. 
The Construction Code Official or designee and Zoning Officer of the Township shall certify whether or not the location of the vending machine complies with the Construction Code and Zoning Ordinance of the Township.
B. 
The Health Officer or designee or Construction Code Official shall inspect the commissary, servicing facilities and vending machine locations to determine compliance with the provisions of applicable sanitary and plumbing codes and with other applicable provisions of this chapter.
If, after the certifications prescribed in § 203-4A have been made, the Health Officer or designee shall be satisfied that the statements set forth in the application are correct and that the applicant is in compliance with provisions of this chapter and with all applicable ordinances of the Township and laws of the state, an operator's or distributor's license shall be issued to the applicant by the Health Officer or designee.
A. 
The annual license fee to be paid for an operator's license shall be as provided in Chapter 75, Fees, for each vending machine operated by the same person at the same address.
B. 
The annual license fee to be paid for a distributor's license shall be as provided in Chapter 75, Fees.
C. 
Said license fees are for the purpose of regulation and shall be for a term commencing on July 1 of each year and expiring on June 30 of the following year.
D. 
All applicants must obtain licenses by September 1 of each year. Failure to obtain a license by said date will result in violations and/or penalties as stated in this chapter.
The operator's or distributor's license shall be numbered and shall be of a size and style approved by the Health Officer. The license shall be conspicuously displayed on each vending machine for which the operator or distributor is responsible.
Any vending machine licensed under this chapter shall not be removed from the location for which it was licensed to another location, or shall not be replaced by another vending machine, without the approval of the Health Officer or designee.
A. 
Each vending machine, whether located indoors or outdoors, shall be so located that the space around and under the machine can be readily cleaned and so that an insect and vermin harborage is not created.
B. 
The immediate surroundings of each vending machine shall be maintained in a clean condition.
C. 
If food is dispensed in bulk, the machine shall be located in a room, area or space reasonably protected from the elements, dust, dirt, overhead leakage, flies, rodents and other contamination. The floor area upon which such machines are located shall be smooth, of easily cleanable construction, and shall be capable of withstanding repeated washings and scrubbings.
Vending machines shall be so constructed, designed and finished as to be easily maintained in a clean condition and shall be kept in good repair and shall be kept free from dust, dirt, insects, rodents and other contamination or injurious material.
[New]
Delivery of foods, ingredients, equipment and supplies to machine location.
A. 
The conveyance used in the delivery of food, beverages or ingredients shall be so constructed as to protect these products from the elements, dirt, dust, insects, rodents and other contamination. Similar protection shall be provided for single service containers and food contact surfaces of equipment, containers or devices used in connection with vending operations.
B. 
Readily perishable foods or beverages, while in transit, shall comply with Chapter 24 of the State Sanitary Code.
A. 
No person 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/her into contact with the production, handling, storage or transportation of food, beverages, ingredients or equipment used in vending machine operations.
B. 
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 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 Officer immediately.
C. 
When suspicion arises as to the possibility of transmission or infection from any employee, the Health Officer or designee is authorized to require any or all of the following measures:
(1) 
The immediate exclusion of the employee from all commissaries and vending machine operations.
(2) 
The immediate closing of the commissaries and operations concerned until, in the opinion of the Health Officer or designee, no further danger of disease outbreak exists.
(3) 
Adequate medical examinations of the employee and of his/her associates, with such laboratory examinations as may be indicated.
[New]
A. 
No person shall:
(1) 
Sell, offer, expose for sale through vending machines or have m possession with intent to sell therefrom any food, beverages or ingredients which are adulterated or misbranded.
(2) 
Suffer, allow or permit the sale or dispensing through vending machines of any cigarettes, cigars, other forms of tobacco or nicotine containing products to persons under the age of 19 years.
(3) 
Sell or dispense through a vending machine, any product that is otherwise regulated by federal or state law.
B. 
The licensee shall cooperate at all times with the Health Officer and other officers of the Township, when requested to do so, in order to make available to them information or knowledge which will enable them or any of them safeguard the health, welfare, morals and safety of the residents of the Township, as the same may be affected in any way by said coin-operated vending machines covered by this chapter. If the licensee shall refuse to render such requested information, such refusal may be considered as a cause for revocation of the license in accordance with § 203-14.
In addition to the penalty prescribed in this chapter, any license issued for a vending machine may be revoked for cause, after a summary hearing before the Health Officer. A written notice, setting forth the charges and the time and place of the hearing, shall be served upon the person to whom the license was issued by leaving such notice at the place where the operator conducts his/her business at least 5 days prior to the date of said hearing. The Health Officer, pending the hearing, may suspend such license if in his/her judgment the protection of the public health and welfare so demands. In such events, it shall be unlawful for the operator or distributor to engage in the business for which he/she was licensed after such license has been suspended pending a hearing or revoked after a hearing.
The chapter is for the purpose of regulation and shall in no way affect any of the fees as provided for in any other ordinance of the Township, but shall be in addition thereto.
The Health Officer shall administer and enforce the provisions of this chapter.
Any person who violates any provision of this chapter shall, upon conviction, be liable to the penalty stated in Chapter 1, Section 1-15.