As used in this chapter, the following terms
shall have the meanings indicated:
The type of license authorizing the licensee to engage in
the business of selling or dispensing any readily perishable food,
beverages or refreshments from a coin-operated vending device or machine.
The type of license authorizing the licensee to engage in
the business of selling or dispensing candy, gum, nuts,
crackers, cookies, bulk and bottled soda, ice cubes or any nonreadily
perishable foods, beverages, refreshments or nonfood items (trinkets)
from a coin-operated vending device or machine.
[Amended 7-2-1991 by Ord. No. 5512-91]
Any food, beverage or ingredients consisting in whole or
in part of milk, milk products, eggs, meat, fish, poultry or other
food capable of supporting the growth of microorganisms which can
cause food infections or food intoxication. Products in hermetically
sealed containers processed by heat to prevent spoilage, and dehydrated,
dry or powdered products so low in moisture content as to preclude
development of microorganisms are excluded from the terms of this
definition. Candy, gum, nuts, crackers, cookies, bulk and bottled
soda or ice cubes are also excluded from the terms of this definition.
It shall be unlawful for any person to engage
in the business of selling or dispensing any readily perishable food,
beverages or refreshments from a coin-operated vending device or machine
in the City unless a Class I license has been issued to him.
[Amended 7-2-1991 by Ord. No. 5512-91]
It shall be unlawful for any person to engage
in the business of selling or dispensing candy, gum, nuts, crackers,
cookies, bottled soda, ice cubes or any nonreadily perishable foods,
beverages, refreshments or nonfood items (trinkets) from a coin-operated
vending device or machine in the City unless a Class II license has
been issued to him.
Applications for a Class I or Class II license
shall be obtained from the City Clerk.
[Amended 11-14-66 by Ord. No. 3728; 8-15-67 by Ord. No. 3788]
A.
Any person desiring a license under this chapter shall
file with the City Clerk an original and three copies of an application,
under oath, in writing, on a form furnished by the City Clerk.
B.
The application shall set forth the following information:
(1)
The applicant's name, business name and business address.
(2)
Whether the applicant is an individual, a partnership,
a corporation or another entity, and, if another entity, a full explanation
and description thereof.
(3)
If the applicant is an individual, the applicant's
residence address and date and place of birth.
(4)
If the applicant is a partnership, the full names,
residence addresses, dates and places of birth of each partner.
(5)
If the applicant is a corporation or other entity,
in the case of a corporation, the full names, residence addresses,
dates and places of birth of each major officer and each stockholder,
the name and address of the registered agent and the address of the
principal office (The term "stockholder," as used herein, means and
includes any person owning or having an interest, either legal or
equitable, in 10% or more of the stock issued and outstanding of the
applicant corporation.); in the case of another entity, the full names,
residence addresses, dates and places of birth of each person owning
or having any interest, either legal or equitable, aggregating in
value 10% or more of the total capital of said entity, the name and
address of the registered agent, if any, and the address of the principal
office.
(6)
Whether the applicant or any partners, officers or
stockholders thereof have ever been arrested or convicted of a crime,
and, if so, the name of the person arrested or convicted, the date
of arrest, the crime or charge involved and the disposition thereof.
The term "officers," as used herein, means and includes the president,
vice presidents, secretary and treasurer of a corporate applicant.
(7)
The name and address of the owner of the premises,
and a scale-sketch of the location where the machine shall be installed,
if a license is granted.
(8)
A general description of the coin-operated device
or machine, particularly with reference to its construction, operation,
method of temperature control and cleaning.
(9)
The name and address of the manufacturer of the coin-operated
vending device or machine and the serial number of said device or
machine.
(10)
The name and description of the product or products
to be sold from the vending device or machine.
(11)
Whether or not the electrical wiring and motor or
other operating mechanism of the machine have been approved by the
National Board of Fire Underwriters.
(12)
The temperature maintained in the storage section
of said device or machine where the products to be sold are located
or stored.
(13)
The name and address of the person or firm who will
clean and service the device or machine.
(14)
The days or dates on which the machine will be cleaned
and serviced.
(15)
The days or dates on which the product or products
in said device or machine will be restocked, replaced or replenished.
(16)
Such other information as may be necessary and proper
to facilitate the regulation of the business of vending products under
a Class I or Class II license from a coin-operated vending device
or machine.
[Amended 11-14-1966 by Ord. No. 3728]
Upon receipt of such application, the City Clerk
shall submit the same to the Building Department and Health Department
for report with reference to compliance or noncompliance of the proposed
vending machine use with municipal and state rules, regulations, statutes
and ordinances and the truth of the matters contained in the application.
In the event that said vending machine is to be installed outside
of a building, the City Clerk shall also submit such application to
the Police Department for a report with reference to the traffic conditions
in the neighborhood surrounding the proposed location of the coin-operated
vending device or machine and a statement of whether, in the opinion
of the Department, the granting of the application would endanger
the lives or safety of pedestrians using the sidewalk in the vicinity
of said device or machine.
All licenses shall run for a period of one year,
commencing on January 1 and expiring on December 31 of the year of
its issuance.
[Amended 10-21-1975 by Ord. No. 4301-75; 1-20-1976 by Ord. No. 4314-76; 7-2-1991 by Ord. No. 5512-91; 2-20-2007 by Ord. No. 6646-07]
The annual fee for either a Class I or Class
II license issued under this chapter shall be $55 for each machine,
except that the annual fee for any machine operating under a Class
II license, which machine dispenses items selling to the public at
$0.25 or less, shall be $25 and the annual fee for a machine operating
under a Class II license, which machine dispenses nonfood items (trinkets),
shall be $55.
[Amended 11-14-1966 by Ord. No. 3728]
No license issued under this chapter shall be
transferable from place to place or person to person without the consent
of the Council.
In the event that the licensee shall discontinue
operation of the business of vending products from a coin-operated
device or machine at any time during the year for which a license
under this chapter was obtained, no refund or return of the license
fee shall be made.
The licensed device or machine shall be subject,
at all times, to inspection by an authorized agent of the City Department
of Health. Whenever an agent of the Department of Health shall find,
or has probable cause to believe, that any product sold or dispensed
from a mechanical vending device is not free from dust, contamination
or foreign substances, he shall affix to such mechanical vending device
or machine a tag or other appropriate marking, giving notice that
such vending machine or device is suspected of being operated in violation
of this chapter or any other City ordinance, and that the products
therein have been detained or embargoed. The tag or marking shall
also warn all persons not to remove or dispose of the products in
said vending device or machine by sale or otherwise, until permission
for removal or disposal is given by the Department of Health. It shall
be unlawful for any person to remove or dispose of such detained or
embargoed product by sale or otherwise without obtaining such permission.
All coin-operated vending devices or machines
licensed under this chapter shall:
A.
Have the license displayed in a prominent place on
the face of the machine.
B.
Have the name, address and telephone number of the
operator or owner affixed thereto.
C.
Be kept in a sanitary condition at all times.
D.
Maintain, where applicable, such temperature as shall
keep the products therein from spoiling and as may be required by
any statute or ordinance concerning the perishable products vended.
E.
Have the serial number in plain view.
F.
Not rely upon frozen water, dry ice or other similar
substances to maintain the required temperature.
This chapter is for the purpose of regulation.
The fees fixed herein shall in no way affect any other fees provided
for in any other ordinance, but shall be in addition thereto.
