[Adopted 4-15-1974 as Ord. No. 1062]
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.R.S.
26:3-69.1 to 3-69.6. A copy of said code is annexed hereto and made
a part hereof without the inclusion of the text thereof herein.
The 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 the said Food and Beverage Vending
Machine Code of New Jersey (1961) have been placed on file in the
office of the Health Department upon the introduction of this Article
and will remain on file there until final action is taken on this
Article for the use of and examination by the public.
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 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, dispense unit servings of food or beverages, either
in bulk or package, or of ice, either in block or cube form, without
the necessity of replenishing the devices between each vending operation,
without first having applied for and procured a license for each such
machine or device from the Health Department of this municipality
and without complying with any and all of the provisions of the Food
and Beverage Vending Machine Code of New Jersey (1961) as adopted
by this Article, and any amendments thereto.
[Amended 9-15-1980 by Ord. No. 25-80; 12-20-1982 by Ord. No.
35-82; 8-15-1983 by Ord. No. 22-83; 10-17-1983 by Ord. No. 27-83; 10-20-1986 by Ord. No. 28-86]
A.
The fees for licenses as required by § 90-11 above, for the purpose of raising revenue for regulation and control, to be paid annually to this municipality, are hereby fixed as follows:
B.
All licenses issued under the authority of this Article
shall expire on March 31 of each year.
C.
License fees shall be paid to the Health Department.
Application for and issuance of the licenses referred to in § 90-11 above shall be made in conformity with the provisions of the Food and Beverage Vending Machine Code of New Jersey (1961) as adopted by this Article, and any amendments thereto, and the provisions of Chapter 107, Licenses and Permits. Such licenses are not transferable.
Licenses issued under the authority of this
Article may be suspended, revoked or reinstated by the Health Department
of this municipality pursuant to the provisions of the Food and Beverage
Vending Machine Code of New Jersey (1961) as adopted by this Article,
and any amendments thereto.
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.
Premises on which food and beverage vending
machines or devices are operated and maintained in violation of the
provisions of this Article are hereby declared to be a nuisance and
detrimental to public health.
The Health Department may institute an action at law to recover costs incurred by it in the removal or abatement of any nuisance, as declared in § 90-16 of this Article, from any person who shall have caused or allowed such nuisance to exist or from any owner, tenant or occupant of premises who, after notice in writing, falls to abate said nuisance within such time as shall be specified therein, but not less than five days from the date of service thereof. A duplicate of the notice shall be left with one or more of the tenants or occupants of the premises. If the owner resides out of the state or cannot be so notified speedily, such notice shall be left at that place or premises with a tenant or occupant thereof, or posted on the premises, and such action shall be considered proper notification to the owner, tenant or occupant thereof.
