[HISTORY: Adopted by the Borough Council of the Borough of Florham Park 12-17-1996 by Ord. No. 13-96.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Amusement and recreation facilities — See Ch. 77.
Amusement devices — See Ch. 80.
Solicitation, canvassing and sales — See Ch. 179.
Poolrooms and billiard parlors — See Ch. 184.
Retail establishments — See Ch. 191.
Food establishments — See Ch. 259.
Sanitation — See Ch. 265.
[1]
Editor's Note: This ordinance also repealed former Ch. 274, Vending Machines, adopted by the Board of Health of the Borough of Florham Park as follows: Art. I, Adoption of Standards, adopted 12-3-1969 by Ord. No. BH 4-69, as amended; Art. II, Permits and Licenses, adopted 12-3-1969 by Ord. No. BH 5-69, as amended.
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 pursuant to N.J.S.A. 26:3-69.1 to 26:3-69.6. A copy of said statute is made a part hereof without the inclusion of the text thereof herein.
The code established and adopted by this section is described and commonly known as the "Food and Beverage Vending Machine Code of New Jersey" (January 1, 1993). A copy of this code is on file in the office of the Board of Health.
Three copies of the Code of the Borough of Florham Park, including the Board of Health Code, have been placed on file in the office of the Secretary of the Board of Health and shall remain on file there for the use and examination of the public.
Any person who violates any provision of or order promulgated under this article or the code established therein shall, upon conviction thereof, be liable to a penalty of not less than $25 nor more than $500 for each violation. Each day a particular violation continues shall constitute a separate offense.
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, dispenses 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 to do so or without complying with all of the provisions of the code as adopted or amended by the Board of Health.
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 insertion of a coin, coins or token, or by other means, dispenses 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 license for each such machine or device from the Board of Health or without complying with all of the provisions of the code as adopted or amended by the Board of Health.
A. 
Application for and issuance of the permits and licenses referred to in § 274-5 shall be made in conformity with the provisions of the code, as adopted or amended by the Board of Health.
B. 
Such permits and licenses are not transferable.
[Amended 9-18-2001 by Ord. No. 23-01]
A. 
The fees for permits and licenses required by § 274-5 for the purpose of raising revenue, for regulation and control to be paid annually to the Borough of Florham Park, are hereby fixed as follows:
[Amended 12-5-2007 by Ord. No. BH 02-07; 9-1-2010 by Ord. No. BH 02-10]
(1) 
Prepackaged only: $20.
(2) 
Gumball: $5.
(3) 
All others: $40.
B. 
Permit and license fees shall be paid to the Chief Financial Officer of the Borough.
All permits and licenses issued under authority of this article shall expire on December 31 of each year.
Permits and licenses issued under authority of this article may be suspended, revoked or reinstated by the Board of Health pursuant to the provisions of the code as adopted or amended by the Board of Health.
No provision of this article shall be applied so as to impose any unlawful burden on either interstate commerce or any activity of the state or federal government.