City of Paterson, NJ
Passaic County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of Paterson 12-18-1979 by Ord. No. 79-111 as Ch. 13, Art. 3, of the 1979 Revised General Ordinances of Paterson. Amendments noted where applicable.]
GENERAL REFERENCES
Cigarette vending machines — See Ch. 179.
Retail food establishments — See Ch. 231.
Food handler's certificate — See Ch. 235.
Preparation and sale of food — See Ch. 239.
Food vending vehicles — See Ch. 243.
Sale of ice — See Ch. 279.
Milk and milk products — See Ch. 325.
Ice cream peddlers — See Ch. 367, Art. II.
[Amended 12-19-1995 by Ord. No. 95-068]
Whenever the following words, terms or phrases are used in N.J.S.A. 26:1A-7 and regulations promulgated pursuant thereto, they shall have the following meanings herein given:
BOARD OF HEALTH
The Health Division in the Department of Health and Human Services of the City.
[Amended 11-23-2010 by Ord. No. 10-078]
HEALTH AUTHORITY
The Health Division or its authorized representative.
MUNICIPALITY
The City of Paterson.[1]
[1]
Editor's Note: Original Sec. 13-11, Adoption of Food and Beverage Vending Machine Code of New Jersey (1961), which immediately followed this section, was deleted 12-19-1995 by Ord. No. 95-068.
[Amended 12-19-1995 by Ord. No. 95-068]
No person shall:
A. 
Engage in the business of operating one or more vending machines, as defined in N.J.S.A. 26:1A-7 and regulations promulgated pursuant thereto, without first having applied to and obtained a permit from the Health Division in the Department of Health and Human Services of the City to operate said business, in the manner provided as to permits by N.J.S.A. 26:1A-7 and regulations promulgated pursuant thereto, and paid the fee therefor to the City; or
[Amended 11-23-2010 by Ord. No. 10-078]
B. 
Maintain or allow to be maintained on or in any location in the City one or more vending machines without first having applied to and obtained from the Health Officer of the City a license for each such vending machine, in the manner provided as to licenses by N.J.S.A. 26:1A-7 and regulations promulgated pursuant thereto, and paid the fee therefor to the City.
[Amended 12-19-1995 by Ord. No. 95-068]
Application for and issuance of the permits and licenses referred to in § 227-2 shall be made to the City Health Officer in conformity with the provisions of N.J.S.A. 26:1A-7 and regulations promulgated pursuant thereto. Permits and licenses are not transferable.
A. 
The annual fees for permits and licenses referred to in § 227-2 are hereby fixed as follows:
[Amended 5-19-1981 by Ord. No. 81-025; 12-27-1988 by Ord. No. 88-047; 10-27-1998 by Ord. No. 98-073; 12-2-2003 by Ord. No. 03-088]
(1) 
Permit fee for operation of business, per year: $150.
(2) 
License fee for each vending machine, per year: $50.
B. 
The fees for permits and licenses set forth in Subsection A are imposed for the purpose of raising revenue and for regulation and control.
C. 
All permits and licenses issued under authority of this chapter shall expire on the 31st of December of each year.
Permits and licenses issued under authority of this chapter may be suspended, revoked or reinstated by the Health Division of the City after notice to the permittees or licensees involved and hearing conducted by the Health Officer.
No provision of this chapter shall be construed or applied so as to impose any unlawful burden on either interstate commerce or any activity of the state or federal government.
[Amended 12-19-1995 by Ord. No. 95-068]
Any person who violates any provision of this chapter, including the provisions of N.J.S.A. 26:1A-7 and regulations promulgated pursuant thereto incorporated herein by reference, or order promulgated pursuant thereto shall, upon conviction thereof, be punished by a fine not exceeding $1,000, by imprisonment for a term not exceeding 90 days or by a period of community service for not more than 90 days, or any combination thereof. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.