[HISTORY: Adopted by the City Council of the City of Rahway as indicated
in article histories. Amendments noted where applicable.]
[Adopted 7-9-1984 by Ord. No. A-12-84
as Ch. 190, Art. I, of the 1984 Code]
A.
A code regulating the use, operation and maintenance
of food and beverage vending machines and the 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 69.6.
B.
A copy of said code is annexed hereto and made a part
hereof without the inclusion of the text thereof herein.
Said code established and adopted by this article is described and commonly
known as the "Food and Beverage Vending Machine Code of New Jersey (1961)."
Three copies of said Food and Beverage Vending Machine Code of New Jersey
(1961) have been placed on file in the office of City Clerk of the City of
Rahway upon the introduction of this article and will remain on file there
until final action is taken on this article for the use and examination of
the public.
[Amended 7-9-1984 by Ord. No. A-12-84]
Any person who violates any provision of or order promulgated under
this article or code established herein shall, upon conviction thereof, be
liable to a penalty of not less than $5 nor more than $500 for each violation.
Each day a particular violation continues shall constitute a separate offense.
[Adopted 7-9-1984 by Ord. No. A-12-84
as Ch. 190, Art. II, of the 1984 Code]
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 of the City of Rahway 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 municipality.
B.
Maintain or permit to be maintained on or in any location
in this municipality, where permitted, 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 of this municipality or without complying
with any and all of the provisions of the Food and Beverage Vending Code of
New Jersey (1961), as adopted or amended by said Board.
B.
License fee.
(1)
Machine dispensing food or food product from $0.01 to
$0.05: $1 per machine.
(2)
Machine dispensing food or food product in original container
or package: $2 per machine.
(3)
Machine dispensing milk and/or milk products, including
ice cream: $3 per machine.
(4)
Machine dispensing mixed beverages: $4 per machine.
(5)
Machine dispensing prepared food or food product: $5
per machine.
C.
Any tax-exempt nonprofit organization shall be exempt
from any permit or license fee herein contained in this article.
D.
All permits and licenses issued under authority
of this article shall expire on the 31st day of December each year.
