[Adopted 9-6-1955 by Ord.
No. 208]
This article shall be known as and referred to as the "Vending Machine
Ordinance."
It shall be unlawful for any person, persons, partnership, firm or corporation
to install coin-operated vending machines or to engage in the business of
selling or dispensing food, milk, beverages or refreshments from a mechanical
vending device located in stores, restaurants, roadstands, refreshment stands,
factories, schools, offices, theaters, clubs, lodges or buildings of public
assembly unless the sale or dispensing of said food, milk or beverages from
a mechanical device shall be licensed as hereinafter provided.
It shall be unlawful to erect, operate or maintain within the Township of Rochelle Park any mechanical vending device for the sale of milk, food or beverages in any location other than those set forth in § 107-2 hereof.
Licenses to erect, operate, maintain or install coin-operated vending machines or to engage in the business of selling or dispensing food, milk, beverages or refreshments from a mechanical vending device in places referred to in § 107-2 above may be granted by the Board of Health of the Township of Rochelle Park upon application in writing. Application forms for such licenses shall set forth the name and address of the applicant, name and address of the operator, the owner of the property where such machine shall be located, a list of the products to be vended and the type or types of vending machines to be used.
All machines shall be identified by the licensee with the name and address
of the licensee and the number of the license issued to said licensee.
[Amended 5-5-1986 by Ord.
No. 519]
The license fee to engage in the business of dispensing or selling food
or milk from a mechanical vending device shall be $50 per annum, payable on
the first day of October of each year, for each machine vending any of the
following: bulk soft drinks, bulk food products, milk, soup, coffee, tea,
hot cocoa or chocolate, fruit juices, cake, pastry, pie, popcorn, candy, sandwiches,
sherbet, flavored ice, ice cream or other similar foodstuffs.[1]
Nothing contained in this article shall be construed to apply to coin-operated
vending machines selling or dispensing gum, cigarettes or other tobacco products.
Vending machines dispensing food products, milk or beverages shall be
maintained in a sanitary manner at all times. Where bulk food products, milk
or bulk beverages are vended, the applicant shall have adequate cleaning and
sanitizing facilities.
All perishable foods or drink requiring high or low temperatures dispensed
through coin-operated vending machines shall be kept at or below 50º
F. or above 150º F., as the case may be.
Vending machines shall be so constructed and designed that the contents
are protected from dust, contamination or foreign substances.
If, upon inspection by the Board of Health, it shall find or has probable
cause to believe that any food, beverage or refreshment sold or dispensed
from a mechanical vending device is not free from dust, contamination or foreign
substances, the inspector shall affix to said vending machine or device a
tag or other appropriate marking, giving notice that such vending machine
or device is suspected of being in violation of this article and carrying
a warning to all persons not to remove or dispose of said articles in said
vending machine or device by sale or otherwise until permission for removal
or disposal is given by the Board of Health.
This article is for the purpose of regulation and shall in no way affect
any other fees as now provided for in any other ordinance in the Township
of Rochelle Park but shall be in addition thereto.[1]
[Amended 5-5-1986 by Ord.
No. 519]
Any person or persons, firm, partnership or corporation violating any
of the provisions of this article shall, upon conviction thereof, pay a fine
of not less than $25 nor more than $500 or be imprisoned in the county jail
for a term not exceeding 90 days, or both. Each day such violation is committed
or permitted to continue shall constitute a separate offense as to each machine
and shall be punishable as such.
