[HISTORY: Adopted by the City Council of the City of Paterson 12-18-1979 by Ord. No. 79-111 as Ch. 13, Art. 8, of the 1979 Revised General Ordinances of Paterson. Amendments noted where applicable.]
GENERAL REFERENCES
Food and beverage vending machines — See Ch. 227.
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.
Ice cream peddlers — See Ch. 367, Art. II.
No person shall sell or offer for sale or distribute or have in his possession with intent to sell or distribute in the city any milk, milk products (except butter and cheese) or fluid milk products unless such person has first obtained an annual license therefor from and paid the required license fee to the Health Division, as follows:
A. 
For each store, place of business or other premises at or from which the above-described products are sold for off-premises consumption: $25.
[Amended 12-2-2003 by Ord. No. 03-089]
B. 
For each truck, wagon or other vehicle used in the distribution or sale of the above-described products: $25.
[Amended 12-2-2003 by Ord. No. 03-089]
C. 
For each milk vending machine: $5.
Any person who desires a license under the provisions of this chapter shall make a written application to the Health Division for such license on such form as may be supplied by the Division.
Each license issued under this chapter shall be valid for the calendar year, unless sooner suspended or revoked as provided in this chapter.
The licensee shall at all times display the license issued to him in the following manner:
A. 
When the sale or distribution of the products described in § 325-1 is made or to be made from a store, place of business or other premises, the license shall be displayed at all times in a conspicuous part therein. Such license shall be in the form of a card supplied by the Health Division.
B. 
When the sale or distribution of the products described in § 325-1 is made or to be made from a truck, wagon or other vehicle, each such vehicle shall have therein a license which shall be furnished by the Health Division.
C. 
When the sale is made or to be made from a milk vending machine, the license, in the form of a cardboard furnished by the Health Division, shall be placed and kept inside each such machine.
The following regulations shall apply with respect to all milk vending machines in the city:
A. 
The location and type of each milk vending machine shall be approved by the Health Division.
B. 
Hot running water shall be available on the premises in which each milk vending machine is located. Each milk vending machine shall be equipped with a crank or key for opening said machine, and such crank or key shall be left on the premises and available to an inspector of the Health Division for the purpose of inspection of such machine at all reasonable hours.
C. 
All tanks in each machine shall be kept clean and sanitary at all times.
D. 
The milk contained in each machine shall be maintained at a temperature not exceeding forty-five degrees Fahrenheit (45° F.) at all times.
E. 
The coin box in each machine shall be kept locked at all times.
A. 
Any license issued under this chapter may be suspended, pending a hearing, whenever the Health Division or the Health Officer of the city has reason to believe that the licensee is operating in violation of any applicable state law or of any regulations or ordinances or of any provisions of this chapter or rules and regulations adopted thereunder and finds, in addition, that the suspension of the license is necessary for the protection of the public health. In such case, the Health Division shall, upon request of the person whose license has been suspended, proceed forthwith to a hearing to ascertain the facts, after due notice to such licensee.
B. 
The Health Division or the Health Officer may terminate any suspension under Subsection A of this section upon proof satisfactory that the violation for which the license was suspended has been corrected.
A. 
Any license issued under this chapter may be revoked by the Health Division or the Health Officer after notice for hearing to the licensee upon proof of the violation of any applicable state law or of any regulations or ordinances or of any provisions of this chapter or rules and regulations adopted thereunder.
B. 
The Health Division may cancel the revocation and reinstate any license revoked under Subsection A of this section upon proof satisfactory that the violation for which the license was revoked has been corrected.
Any person who violates any provision of this chapter shall, upon conviction thereof, be punished by a fine not exceeding one hundred dollars ($100.) or by imprisonment for a term not exceeding ninety (90) days, or both. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.