[Adopted 2-6-1961]
[Amended 5-20-2002 by Ord. No. 02-22]
It shall be unlawful for any person, persons, partnership, association,
firm or corporation to engage in the business of selling or dispensing any
candy, gum, nuts, crackers, cookies, beverages or ice cubes from a coin-operated
vending device or machine in the Township of North Brunswick unless and until
the same is licensed as hereinafter provided.
Applications for licenses to engage in the business of selling or dispensing
candy, gum, nuts, crackers, cookies, bottled soda or ice cubes from a coin-operated
vending device or machine shall be obtained from the Township Clerk of the
Township of North Brunswick.
The following information shall be required to be furnished by each
applicant on the form provided:
A.
Name and address of applicant.
B.
Name and address of person or firm who will clean and
service the device or machines.
C.
Name and address of manufacturer of the coin-operated
vending device and serial number of said device or machine.
D.
General description of the coin-operated device or machine,
particularly with reference to its construction, operation, method of temperature
control and cleaning.
E.
Days or dates on which the product or products in said
device or machine will be restocked, replaced or replenished.
F.
Days or dates on which the machine will be cleaned and
serviced.
G.
Name and address of the owner of the premises and a scaled
sketch of the location where the machine will be installed if license is granted.
H.
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.
I.
The temperature maintained in the storage section of
said device or machine where the candy, gum, nuts, crackers, cookies, beverages
or ice cubes are located or stored.
[Amended 5-20-2002 by Ord. No. 02-22]
J.
Any such other information as may be necessary and proper
to facilitate the regulation of the business of vending candy, gum, nuts,
crackers, cookies, beverages or ice cubes from a coin-operated vending device
or machine.
[Amended 5-20-2002 by Ord. No. 02-22]
K.
Name and description of the product or products to be
sold from the vending device or machine.
Attached to each application shall be a certificate from the following
officers or departments of the Township of North Brunswick:
A.
Chief of Police certifying that the proposed location
of the coin-operated vending device or machine will not create a traffic hazard
nor endanger the lives or safety of pedestrians using the sidewalk in the
vicinity of said device or machine.
B.
Zoning Officer, certifying that the proposed site of
the coin-operated vending device or machine is a permitted use at that location
and that no part or portion of the said device or machine will extend or protrude
beyond the building line for said zone.
C.
Department of Health, certifying that the coin-operated
vending device or machine is sanitary and that the product or products vended
therefrom are properly packaged, bottled or otherwise protected from contamination
or foreign substance.
All licenses shall expire on December 31 of each year and must be renewed
on or before said date. Applicants for renewal of licenses need not repeat
answers in applications previously submitted, unless such answer would be
different from that in the original application.
[Amended 9-15-1997 by Ord. No. 97-16]
Fees to operate vending machines are specified in Chapter 212, Licensed Occupations.
[Amended 9-15-1997 by Ord. No. 97-16]
Upon completion of the application, the certificates and payment of the fee as specified in Chapter 212, License Occupations, the Township Clerk shall issue the proper license.
All licensed coin-operated vending devices or machines 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 such temperature as shall keep the product or
products therein from spoiling and as may be required by any statute or ordinance
concerning the perishable product or 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.
[Amended 5-20-2002 by Ord. No. 02-22]
A license to engage in the business of vending candy, gum, nuts, crackers,
cookies, beverages or ice cubes from a coin-operated vending device or machine
shall not be transferable from place to place or person to person without
the consent of the Mayor and Council.
[Amended 5-20-2002 by Ord. No. 02-22]
The licensed device or machine shall be subject at all times to inspection
by an authorized agent of the Department of Health of the Township of North
Brunswick. Whenever an agent of the Department of Health shall find or has
probable cause to believe that any candy, gum, nuts, crackers, cookies, beverages
or ice cubes 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 in violation of
this article or any other ordinance and has been detained or embargoed, and
warning all persons not to remove or dispose of the articles in said vending
machine or device 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 articles by sale or otherwise
without first obtaining such permission.
Nothing herein contained shall be construed to apply to coin-operated
vending machines dispensing food, beverages or refreshments as set forth and
covered by separate ordinances.[1]
In the event a licensee shall discontinue operation of the business
of vending any candy, gum, nuts, crackers, cookies, bottled soda or ice cubes
from a coin-operated device or machine at any time during the year for which
a license is obtained, no refund or return of the license fee shall be made.
This article is for the purpose of regulation and shall in no way affect
any other ordinance in the Township of North Brunswick, but shall be in addition
thereto.
[Amended 9-6-1977; 5-20-2002
by Ord. No. 02-22; 4-17-2006 by Ord.
No. 06-06]
A.
The provisions of this article shall be enforced by the
Department of Health.
B.
Any person violating or failing to comply with any of
the provisions of this article shall, upon conviction thereof, be punishable
by a fine of not more than $2,000 or by imprisonment for a term not to exceed
90 days, or by both such fine and imprisonment, in the discretion of the Court.
The continuation of such violation on each successive day shall constitute
a separate offense, and the person or persons allowing or permitting the continuation
of the violation may be punished as provided above for each separate offense.
