[HISTORY: Adopted by the Municipal Council of the Borough of Hawthorne as indicated in article histories. Amendments noted where applicable.]
Article I Food and Beverage Vending Machines
[Adopted 3-21-1984 by Ord. No. 1390 (Ch. 216 of the 1989 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:
Engage in this municipality 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 this municipality so to do, or without complying with any and all of the provisions of Subchapter 11 of Chapter XII of the State Sanitary Code (N.J.A.C. 8:24-1.1 et seq.) of New Jersey.
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, 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 Subchapter 11 of Chapter XII of the State Sanitary Code (N.J.A.C. 8:24-1.1 et seq.) of New Jersey.
Any person desiring to operate one or more vending machines in this municipality shall make application for a permit therefor and, in addition, shall make an application, in writing, for a license for each vending machine to the Board of Health on forms provided by said Board. Such applications shall be accompanied by payment of the fee required by Chapter 220, Fees, as amended from time to time, and shall include the following information:
The applicant's full name, residence, telephone numbers and post office address and whether such applicant is an individual, firm or corporation. If a partnership, the names of the partners, together with their addresses, shall be included. If a corporation, the names and addresses of the officers of the corporation and the registered New Jersey agent shall be included.
The proposed location of the machine, the location of the commissary or commissaries and other establishments where supplies for such machine are kept and where that machine is to be repaired or renovated.
The make, model, type and description of the machine.
The identity and form of the product or products to be dispensed through the vending machine.
The signature of the applicant or its authorized officer.
A separate application shall be made for each machine.
Upon receipt of either of such applications, the Board of Health shall, in the case of a permit application, make such investigation as may be necessary of commissary, servicing and transport facilities and, in the case of a license application, shall make an inspection of the machine and proposed machine location, all to determine compliance with the provisions of this chapter and the applicable provisions of the State Sanitary Code. A numbered operator's permit or machine license, as the case may be, shall be issued to the applicant by the Board of Health after compliance by the applicant with the applicable provisions of this chapter and the code.
The machine license number shall be conspicuously displayed on the vending machine for which such license has been issued by use of a sticker, decal or other device supplied by the Board of Health.
Permits and licenses issued under authority of this chapter may be suspended, revoked or reinstated by the Board of Health of this municipality for violations of any provisions of this chapter or the Code, provided that the operator or licensee shall have been given adequate notice of such violation and a reasonable opportunity to be heard at a hearing, all in accordance with due process of law. A conviction in Municipal Court or any court having jurisdiction of such violation shall be evidence of such violation before the Board of Health, and the suspension or revocation of the permit or license shall be in addition to any other fines or penalties imposed.
[Amended 12-20-1989 by Ord. No. 1510; 6-6-2007 by Ord. No. 1902-07]
Any person who violates any provision of or order promulgated under this chapter or the State Sanitary Code referred to herein shall, upon conviction thereof, be liable to a fine not to exceed $2,000 or imprisonment for a term not to exceed 90 days or a requirement to perform community service for a period not to exceed 90 days. Each day a particular violation continues shall constitute a separate offense.