[HISTORY: Adopted by the Municipal Council of the Borough
of Hawthorne as indicated in article histories. Amendments noted where
applicable.]
[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:
A.
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.
B.
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.
A.
Application.
(1)
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:
(a)
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.
(b)
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.
(c)
The make, model, type and description of the machine.
(d)
The identity and form of the product or products to be dispensed
through the vending machine.
(e)
The signature of the applicant or its authorized officer.
(2)
A separate application shall be made for each machine.
B.
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.
