[HISTORY: Adopted by the Board of Health[1] of the Township of Bridgewater 10-25-1972.
Amendments noted where applicable.]
GENERAL REFERENCES
Fees — See Ch. 94.
Licenses and permits — See Ch. 129.
Public health nuisances — See Ch. 145.
Licensing of retail food establishments — See Ch. 165.
[1]
Editor's Note: Under the present form of Township government there is no longer a Board of Health. The legislative functions of the Board of Health are now performed by the Township Council.
A code regulating the use, operation and maintenance of food and beverage
vending machines and licensure thereof; prohibiting the sale or possession
with intent to sell through vending machines of adulterated or misbranded
foods or drinks; authorizing inspection of vending machines and operations
connected therewith; and fixing penalties for violations, is hereby established,
adopted and made an ordinance of the Board of Health pursuant to N.J.R.S.
26:3.69.1 et seq., and a copy of this code is annexed hereto and made a part
hereof without the inclusion of the text thereof herein. This code hereby
established and adopted is described and commonly known as the "Food and Beverage
Vending Machine Code of New Jersey (1961)." Three certified true copies of
said code were, upon the introduction of this chapter, placed on file in the
office of the Secretary of this Board of Health, where the same will remain
on file for use and examination by the public until final action is taken
on this chapter and, if this chapter is adopted, will also remain on file
in said office for such use and examination for so long as this chapter shall
remain in full force and effect, and three additional certified true copies
of said code and three copies of this chapter shall be placed on file and
shall remain on file in the office of any board, authority or officer of the
Township of Bridgewater having in charge the enforcement of this chapter and
said code, for use and examination by the public for so long as this chapter
shall remain in full force and effect. This chapter and said code may be printed
in composite form for general use.
It shall be unlawful for any person, whether as principal or agent,
clerk or employee, either for himself or any other person or for any body
corporate, or as an officer of any corporation, or otherwise, to:
A.
Engage in the operation of one or more machines or devices
offered for public use which, upon insertion of a coin, coins or token, or
by other means, dispense unit servings of food or beverages, either in bulk
or package, without the necessity of replenishing the devices between each
vending operation, without first having applied to and procured a permit from
the Board of Health of this municipality so to do, or without complying with
any and all of the provisions of the Food and Beverage Vending Machine Code
of New Jersey (1961), as adopted or amended by said Board.
B.
Maintain or permit to be maintained on or in any location
in this municipality one or more machines or devices offered for public use
which, upon the insertion of a coin, coins or token, or by other means, dispense
unit servings of food or beverages, either in bulk or package, without the
necessity of replenishing the devices between each vending operation, without
first having applied to and procured from the Board of Health of this municipality
a license for each such machine or device, or without complying with any and
all of the provisions of the Food and Beverage Vending Machine Code of New
Jersey (1961), as adopted or amended by said Board.
A.
The fee for permits and licenses as required by this chapter shall be as established by the Township Council of the Township of Bridgewater in Chapter 94, Fees.
[Amended 10-3-1997 by Ord.
No. 77-37.]
B.
All permits and licenses issued under authority of this
chapter shall expire on the 30th day of November each year.
C.
All permit and license fees shall be paid to the Board
of Health of the Township of Bridgewater.
Application for and issuance of the permits and licenses referred to
in this chapter shall be made in conformity with the provisions of the Food
and Beverage Vending Machine Code of New Jersey (1961), as adopted or amended
by the Board of Health of the Township of Bridgewater. Such permits and licenses
are not transferable.
Permits and licenses issued under authority of this chapter may be suspended, revoked or reinstated by the Board of Health of the Township of Bridgewater pursuant to the provisions of § 208-7B hereof and the provisions of the Food and Beverage Vending Machine Code of New Jersey (1961), as adopted or amended by said Board.
Section 2.2.1(f) of the Food and Beverage Vending Machine Code of New
Jersey (1961) is hereby deleted from said code for purposes of this chapter.
The following additional regulations, numbered to conform to the numbering
system of the Food and Beverage Vending Machine Code of New Jersey (1961),
are hereby established as a part of said code:
A.
2.3 LICENSE AND PERMIT EXCLUSION FOR SELECTED NONPERISHABLE
FOOD AND BEVERAGE VENDING MACHINES
B.
SECTION IX. VIOLATIONS AND PENALTIES
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9.1 A license issued under the terms and provisions of this
chapter shall not be revoked, canceled or suspended until a hearing thereon
shall have been had by the health authority. Written notice of the time and
place of such hearing shall be served upon the operator at least three days
prior to the date set for such hearing. Such notice shall also contain a brief
statement of the grounds to be relied upon for revoking, canceling or suspending
such license. Notice may be given either by personal delivery thereof to the
operator or by depositing the same in the United States Post Office in a sealed
envelope, postage prepaid, certified mail, return receipt requested, addressed
to such operator to be notified at the business address appearing upon said
license. At the hearing before the health authority, the person aggrieved
shall have an opportunity to answer and may thereafter be heard, and upon
due consideration and deliberation by the health authority, the complaint
may be dismissed, or if the health authority concludes that the charges have
been sustained, it may revoke, cancel or suspend the license held by the operator.
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9.2 Notwithstanding any other provisions of this chapter,
whenever the health authority finds unsanitary or other conditions involving
the operation of any vending machine or commissary which, in its opinion,
constitute an immediate hazard to the public health, it may, without notice
or hearing, issue a written order to the operator stating the existing of
such condition and specifying the corrective action to be taken by the operator,
including, if necessary, immediate discontinuance of such operation. Such
order shall take effect immediately upon receipt thereof by the operator or
his authorized representative and shall apply only to the vending machine,
commissary or product involved. Any operator to whom such order is issued
may apply to the health authority for a revocation of the order. If after
reinspection by the health authority it is determined that operations may
be resumed, the order shall be revoked. Failure to comply with such order
may result in the operator's license being suspended, canceled or revoked
by the health authority pursuant to Section 9.1 hereof.
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9.3 Any operator whose permit or license has been suspended
may at any time apply for the reinstatement of same. Within 10 days after
the receipt of a written application from the operator, accompanied by a statement
signed by the operator stating that the violated sections of this chapter
have been corrected or complied with, the health authority shall conduct a
reinspection. If the health authority shall determine that the violation has
been rectified, it shall reinstate the permit or license.
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9.4 Any person who violates any provision of or order promulgated
under this chapter and code shall, upon conviction thereof, be liable to a
penalty of not less than $2 nor more than $500, in the discretion of the court.
Each day a particular violation continues after the date specified in a notice,
duly served, to abate the same shall constitute a separate offense.
[Amended 10-3-1997 by Ord.
No. 77-37.] |
