[HISTORY: Adopted by the Mayor and Council
of the Borough of South Plainfield as indicated in article histories.
Amendments noted where applicable.]
[Adopted 10-13-1964 as Art. 9 of Ch. 4 of the 1964 Code
(Ch. 190, Art. I, of the 1982 Code)]
[Amended 9-23-1985]
A.
No person, as hereinafter defined, shall distribute,
locate or place, or continue to have located or placed, in the possession
of any person, owner, occupant, tenant, lessor, lessee or licensee
of any premises located in the Borough of South Plainfield, for the
purpose of operation or use thereof by residents of the Borough of
South Plainfield or other members of the public at large, any coin-operated
automatic machine used for the sale of milk or other perishable food
products, as defined herein, without first having obtained from the
Mayor and Borough Council a license permitting such distribution.
B.
No person, as hereinafter defined, shall distribute,
locate or place, or continue to have located or placed in the Borough
of South Plainfield, for the purpose of operation or use by members
of the public at large, any coin-operated vending machine used for
the sale and distribution of goods and products as hereinafter defined,
without first having obtained from the Mayor and Borough Council a
license permitting such sales and distributions.
As used in this article, the following terms
shall have the meanings indicated:
Any device or piece of mechanical or electrical equipment
which, upon the insertion of a coin into a slot or place on said machine,
device or equipment, results in the dispensing of, or making available
to the person or persons inserting said coin into said machine, device
or equipment, milk or other perishable food products.
Any device or mechanical or electrical equipment, which upon
insertion of a coin or coins into a slot, results in the dispensing
of, or making available to the person or persons inserting said coin
or coins into said device, goods or products.
[Added 9-23-1985]
Items distributed from coin-operated vending machines, including
but not limited to candy, soda, newspapers, magazines, books, cigarettes
and the like.
[Added 9-23-1985]
Any individual, firm, member of firm, cooperatives, corporation
or any officer, director or stockholder of any corporation, or any
agent or any employee of any such firm, partnership or corporation.
[Amended 9-23-1985]
A.
A separate application for each coin-operated machine
shall be filed with the Health Department of the Borough of South
Plainfield, showing the name of the applicant, post office address
and answers to other data required by said application. Said application
shall be on forms furnished by the Health Department of the Borough
of South Plainfield.[1]
B.
A separate application for each coin-operated vending
machine, except those dispensing milk or other perishable food products,
shall be filed with the Borough Clerk showing the name of the applicant,
post office address and answers to other questions as required by
the application. The application forms shall be available from the
Borough Clerk's office.
Before any applicant shall be entitled to a
license:
A.
The Health Officer of the Borough of South Plainfield
shall certify that the granting of a license for an automatic machine
for the sale of milk or other perishable food products at the location
applied for will not violate any health regulations or ordinance pertaining
to the distribution of milk or other perishable food products in the
Borough of South Plainfield, or any laws of the State of New Jersey
having application thereto, and further, that said machine has been
inspected by authorized representatives of the South Plainfield Health
Department and is unobjectionable from the viewpoint of health and
sanitation.[1]
B.
The Chief of the Police Department and the Chief of
the Fire Department of the Borough of South Plainfield shall each
certify that the placing of said coin-operated machine at the location
mentioned in the application is unobjectionable from the viewpoint
of welfare, safety or traffic consideration.
C.
The Building Inspector of the Borough of South Plainfield
shall certify that the location of said machine complies with the
Building Code and Zoning Ordinance of the Borough of South Plainfield.[2] An automatic machine for the sale of milk or other perishable
food products is deemed to be a "structure" and the operation of said
machine a "business use" within the purview of the Building Code and
the Zoning Ordinance of this Borough.
[2]
Editor's Note: Building construction is now
regulated under the provisions of the State Uniform Construction Code
Act, N.J.S.A. 52:27D-119 et seq. The Zoning Ordinance is on file in
the office of the Borough Clerk.
D.
The Chief of Police, Chief of the Fire Department
and the Traffic Safety Commission of the Borough of South Plainfield
shall each certify that the placement of the subject coin-operated
vending machine, at the location set forth in the application, is
unobjectionable from the viewpoint of welfare, safety or traffic considerations.
[Added 9-23-1985]
E.
The Building Inspector/Code Enforcement Officer of
the Borough of South Plainfield shall certify that the location of
the subject coin-operating vending machine complies with the Building
Code and Zoning Ordinance of the Borough of South Plainfield.
[Added 9-23-1985]
[Amended 9-23-1985]
A.
A license fee of $50 for each machine applied for
is hereby fixed. Said license fee is for the purpose of regulation
and shall be payable with the filing of the application. If the application
is rejected, the fee shall be returned to the applicant. The license
shall be for a period of one year or any part thereof, terminating
the 31st day of May in the year in which the license is granted. Said
license shall not be transferable.
B.
The license fee for coin-operated vending machines
shall be $25 for each such machine and shall be payable upon the filing
of the application. The purpose of such license fee is to offset the
costs of administration of the provisions of regulating said machines.
Said automatic machines used for the sale of
milk or of other perishable food products shall have a refrigeration
unit of sufficient capacity so as to keep the entire contents at a
temperature of 50° F. or below. The said machines shall be equipped
with an automatic cutoff device that locks the machine when the temperature
of the interior where the products are stored goes over 50° F.
and also refuses patrons coins. Keys to said machines shall be available
in the office of the Health Department.
No automatic machine shall be licensed hereunder
whose dimensions exceed the following limitations:
No automatic machine shall be licensed hereunder
unless it is operated on a separate and independent electrical service
and which service is not used in conjunction with any other dwelling
or structure. All lighting on any such automatic machines must be
properly shielded so as not to proceed beyond the limitations of the
property on which said machine is installed.
There shall be no sign or advertising painted,
attached or in any manner affixed on any automatic machine, other
than a sign setting forth the product sold in each individual machine,
and there shall be in no event any sign or billboard or any other
type of advertisement which extends either above or beyond the limits
of the machine.
The licensee shall cooperate at all times with
the Health Department, the Chief of Police, the Fire Chief and the
Building Inspector of the Borough of South Plainfield, when required
or requested so to do, to obtain information or knowledge which will
enable them or any of them to safeguard the health, welfare and safety
of the residents of the Borough of South Plainfield, as the same may
be affected in anywise by said automatic machine used for the sale
of milk or other perishable food products. Failure to render such
cooperation shall permit the Health Officer or authorized representative
to immediately temporarily suspend such license and, after a hearing
by the Mayor and Borough Council on two days' written notice to the
licensee, at the address stated in the application, giving the time
and place of hearing, to revoke said license.
Any license granted under the provisions of
this article may be revoked by the Mayor and Borough Council upon
proof of circumstances or conditions which are inimical to the health,
welfare, morals or safety of the residents of the Borough of South
Plainfield; provided, however, that two days' written notice of a
hearing is sent to the licensee at the address stated in the application,
designating the time and place of said hearing.
If the licensee shall intend to renew said license
for a year beyond that for which it was granted, said licensee shall
advise the Health Department, in writing, not later than the 30th
day of April of the year in which the license expires. If the license
is not renewed, the licensee shall take all necessary proceedings
to remove said coin-operated automatic machine from the Borough of
South Plainfield within five days, or, in default thereof, said licensee
shall be presumed to have abandoned said machine to the Borough of
South Plainfield, which may thereupon cause said machine to be destroyed
or otherwise disposed of. Also, if a license is revoked during the
year for which it was granted, the licensee holding the revoked license
shall, within five days, remove the said machine from the Borough
of South Plainfield or cause the same to be removed, or, in default
thereof, said licensee shall be presumed to have abandoned said machine
to the Borough of South Plainfield, which may thereupon cause the
machine to be destroyed or otherwise disposed of. In the case of a
failure to renew said license, the five-day period mentioned above
shall commence from June 1; and in the case of a revocation of a license,
the five-day period above shall commence from 2:00 a.m. the day following
that on which notice of revocation was sent by certified mail to the
licensee at the address stated in the application of the licensee.
[Added 9-23-1985]
A.
The types and number of coin-operated vending machines
sought to be placed in any particular location shall be considered
from the viewpoint of need to the public for such machines located
in the place or places set forth in the application(s).
B.
The operation of such machines shall be considered
the operation of a business use and hence shall not, without the benefit
of necessary variance, be allowed in residential zones in the Borough
of South Plainfield.
C.
Notwithstanding the obtaining of variances where necessary, no coin-operated vending machines shall be located in the public right-of-way where such location or placement shall be in conflict with the provisions of § 288-4 of the Code of the Borough of South Plainfield.
D.
The dimensions of coin-operated vending machines shall
be in accordance with any requirements of the Building Department
and Code Enforcement Officer of the Borough of South Plainfield.
[Added 9-23-1985; amended 4-14-1986 by Ord. No. 1044]
Any person, association or corporation maintaining
coin-operated vending machines in the Borough of South Plainfield
without same being properly licensed in accordance with the provisions
of this article, as amended and hereby supplemented, shall, upon conviction,
be fined not in excess of $500 for each violation. Each day that said
coin-operated vending machines are maintained without proper licensing
shall be considered a separate violation.
[Added 9-23-1985]
All ordinances or parts of ordinances inconsistent
with this article are hereby repealed. However, the enactment of this
article shall not be construed as granting any waivers of the licensing
requirements for coin-operated vending machines, which may already
be located within the Borough of South Plainfield, it being the intent
of this article that all such machines be licensed in accordance with
the provisions of this article.
[Adopted 6-9-1986 by Ord. No. 1051; amended
in its entirety 10-14-1986 by Ord. No. 1066 (Ch. 190, Art. II, of
the 1982 Code)]
Where the vending machines sought to be licensed
under this article are for the distribution of newspapers, books and/or
magazines, the following shall apply:
A.
Application for permit. Where any person, firm or
corporation places, maintains or operates a vending machine for the
sale and/or distribution of newspapers, magazines or books within
the public right-of-way within the confines of the Borough of South
Plainfield, and such public right-of-way shall include any public
streets or sidewalks, an application for a permit for such vending
machine shall be applied for from the Borough Clerk within five business
days from the date of the placement of said vending machines.
B.
Conditions for permit issuance. Such an application
may include a single or any number of proposed specific locations
of the vending machines and shall be made, in writing, to the Borough
Clerk upon a form as provided and shall contain the name and address
of the applicant and the proposed specific location of the vending
machines, and the application shall be signed by the applicant and
accompanied with a fee of $5 per vending machine. The Borough Clerk
shall, upon receipt of the application, request an examination by
the Traffic Safety Officer of the South Plainfield Police Department
and the Code Enforcement Officer of the Borough of South Plainfield,
to each certify as to the placement locations of the applied for vending
machines. Within 10 days after the application has been filed, the
Clerk shall certify to the Mayor and Council those applications which
are complete and are ready for the issuance of permits. In the event
that a permit is not to be issued by the Mayor and Council, the Clerk
shall soon notify the applicant, who may then appeal within 10 days
from the date of receipt of notice of the denial of the permit for
the specific vending machine at the specific location. At such an
appeal hearing, the Mayor and Council will review the application
and its location in conjunction with the various standards for the
placement of said vending machines as contained in this article.
Such permits as are issued shall be valid for
a period of one year, beginning June 1 and expiring May 31 of the
following year, and shall be renewable on an annual basis thereafter
upon the payment of $5 per machine per location. Permits shall be
renewed with nothing further required of the applicant, provided that
the machine location is not to be changed.
Any newspaper vending machine which, in whole
or in part, rests upon or over any public sidewalk shall comply with
the following standards:
A.
No vending machine shall exceed 60 inches in height,
24 inches in width or 20 inches in thickness.
B.
No vending machine shall be used for advertising signs
or publicity purposes other than that dealing with the display, sale
or purchase of the newspaper, magazine or book sold and/or distributed
therein.
C.
Each vending machine shall be equipped with a coin-return
mechanism in good working order.
D.
Each vending machine shall have affixed to it in a
readily visible place, so as to be seen by anyone using the vending
machine, a notice setting forth the name and address of the distributor
and the telephone number of a working telephone service to call to
report a malfunction or to secure a refund in the event of a malfunction
of the coin-return mechanism, or to give the notice as provided for
in this article.
E.
Each vending machine shall be maintained in a neat
and clean condition and in good repair at all times. Specifically,
but without limiting the generality of the foregoing, each vending
machine shall be serviced and maintained so that:
(1)
It is reasonably free of chipped, faded, peeling and
cracked paint in the visible painted areas thereof;
(2)
It is reasonably free of rust and corrosion in the
visible and painted metal areas thereon;
(3)
Its clear plastic or glass parts thereof, if any,
through which the publications therein are viewed are unbroken and
reasonably free of cracks, dents, blemishes and discolorations;
(4)
The paper or cardboard parts or inserts thereof, if
any, are reasonably free of tears, peeling or fading;
(5)
The structural parts thereof are not broken or unduly
misshapen.
Any vending machine for the sale and/or distribution
of newspapers, books and/or magazines, which rests in whole or in
part upon or on any portion of the public right-of-way, or which projects
onto, into or over any part of a public right-of-way, shall be located
in accordance with the provisions of this section:
A.
No vending machine shall be used or maintained which
projects onto, into or over any part of the roadway of any public
street, or which rests wholly or in part along or over any portion
of the roadway of any public street.
B.
No vending machine shall be used or maintained which
when located in a public right-of-way provides access to the printed
materials from the roadside of the public right-of-way thus enable
persons in automobiles to obtain the printed materials while remaining
in their vehicles.
C.
No vending machine shall be permitted to rest upon,
in or over any public sidewalk when such installation, use or maintenance:
(1)
Endangers the safety of persons or property;
(2)
Unreasonably interferes with or impedes the flow of
pedestrians or vehicular traffic, including any legally parked or
stopped vehicle;
(3)
Unreasonably interferes with the ingress or egress
of any residence or place of business; or
(4)
Unreasonably interferes with the use of traffic signs
or signals or fire hydrants permitted at or near said location.
D.
Vending machines shall be weighted so as to prevent
their being blown down or around the public right-of-way; said machines
shall not be chained to public signs or utility poles for such purpose.
E.
Vending machines may be placed next to each other,
provided that no group of vending machines shall extend for a distance
of more than six feet along a curb. By "group" is meant up to three
machines and separated from any other group by a distance of at least
three feet.
F.
No vending machine shall be placed, installed, used
or maintained:
(1)
Within three feet of any marked crosswalk;
(2)
Within 12 feet of the curb return of any unmarked
crosswalk;
(3)
Within five feet of any fire hydrant, fire callbox,
police callbox or other emergency facility;
(4)
Within five feet of any driveway;
(5)
Within three feet of or on any public area improved
with lawn, flowers, shrubs, trees or other landscaping, except those
areas between curblines and sidewalk locations, whether existing or
not;
(6)
Within 100 feet of any other vending machine on the
same side of the street in the same block containing the same issue
or edition of the same publication;
(7)
Within five feet of any no-stopping no-standing zone.
Any person, association or corporation maintaining
a coin-operated vending machine for the sale and/or distribution of
newspapers, magazines or books in the Borough of South Plainfield
without obtaining proper permits in accordance with the provisions
of this article, as amended and supplemented, shall, upon conviction,
be fined up to $100 per violation. Further, at the option of the Borough
of South Plainfield, vending machines for which no permit is obtained
may be confiscated by the Borough after notice of the violation of
the provisions of this article are given to the machine owner five
days prior thereto.
All ordinances or parts of ordinances inconsistent
with this article as they are applied to vending machines for the
sale and/or distribution of newspapers, magazines or books shall be
superseded by the provisions of this article. The enactment of these
sections of this article shall, however, not be construed as granting
any waivers of the licensing and permit requirements for coin-operated
vending machines for the sale and/or distribution of newspapers, magazines
or books which may already be located within the Borough of South
Plainfield, it being the intent of this article that all such machines
obtain permits and be licensed in accordance with the provisions of
these sections of this article.
