[HISTORY: Adopted by the Board of Health of the Borough of Kenilworth 2-16-1978 as Ord. No. 3. Section 202-6 amended at time of adoption of Code; see Ch. 199, General Provisions, Board of Health, Art. I. Other amendments noted where applicable.]
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 borough 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 the Board of Health.
The fees for licenses as required by § 202-1 above, for the purpose of raising revenue, for regulation and control to be paid annually to this municipality, are hereby fixed as follows: $5 per machine per year.
All licenses issued under authority of this chapter shall expire on the last day of February of each year. License fees shall be paid to the Board of Health.
Application for and issuance of licenses referred to in § 202-1 above shall be made in conformity with the provisions of the Food and Beverage Vending Code of New Jersey (1961) as adopted or amended by the Board of Health of this borough. Such licenses are not transferable.
Licenses issued under authority of this chapter may be suspended, revoked or reinstated by the Board of Health of this borough pursuant to the provisions of the Food and Beverage Vending Code of New Jersey (1961) as adopted or amended by the Board of Health.
No provision of this chapter shall be applied so as to impose any unlawful burden on either interstate commerce or any activity of the state or federal government.
Any person, firm or corporation who shall violate any of the provisions of this chapter shall, upon conviction, be punished by a fine of not less than $5 nor more than $500, and each violation of any of the provisions of this chapter, and each day same is violated shall be deemed and taken to be a separate and distinct offense.
A true certified copy of this chapter shall be filed with the State Commissioner of Health.