[HISTORY: Adopted by the Board of Health of the Township
of Delran 11-24-2009 by Ord. No. 2009-22. Amendments noted where applicable.]
GENERAL REFERENCES
Retail food establishments — See Ch. 171.
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 food or drinks, and authorizing an inspection
of vending machines and operations connected therewith, is hereby
adopted and established pursuant to N.J.S.A. 26:3-69.1 et seq. A copy
of said code is hereto annexed and hereof made part without the inclusion
of the text thereof herein.[1]
[1]
Editor's Note: Editor's Note: A copy of said code is on file
in the Township offices.
The said code established and adopted by this chapter 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 and shall continue to be on
file in the office of the Secretary of the Delran Township Board of
Health.
It shall be unlawful for any person, firm or corporation to
engage in the sale of foods and beverages by means of vending machines
without first having procured permits to do so in accordance with
the provisions of said code and with this chapter or without otherwise
complying with the provisions of said code. Each day upon which such
person, firm or corporation shall do any act which is herein prohibited
or omit to do any act which is herein required shall constitute a
new violation.
[Amended 10-2-2018 by Ord. No. 2018-12]
For each food and beverage vending machine located in the Township of Delran there shall be a fee as set forth in Chapter 150. Said fee shall be paid in cash or certified check at the time of the filing of the application for the issuance of a food or vending machine permit.
Each food and beverage vending machine permit and license shall
expire on the first day of April annually.
A.
Any permit or license issued under the terms and provisions of this
chapter may be suspended or revoked by the Board of Health of this
municipality for the violation by the permittee or licensee of any
provision of this chapter or of the Food and Beverage Vending Machine
Code of New Jersey (1961) or whenever it shall appear that the business,
trade, calling, profession or occupation of the person, firm or corporation
to whom such license was issued is conducted in a disorderly or improper
manner or in violation of any law of the United States, the State
of New Jersey or any ordinance of this municipality or that the person
or persons conducting the commissary or the operator or its agents
and employees is or are of an unfit character to conduct or operate
the same or that the purpose for which the license or permit has been
issued is being abused to the detriment of the public or being used
for a purpose foreign to that for which the license or permit was
issued.
B.
A license or permit issued under the terms and provisions of this
chapter shall not be revoked, canceled or suspended until a hearing
thereon shall have been had by the Board of Health. Written notice
of the time and place of such hearing shall be served upon the licensee
or permittee at least three days prior to the date set for such hearing.
Such notice shall also contain a brief statement of the grounds to
be relied upon for revoking, canceling or suspending such license.
Notice may be given either by personal delivery thereof to the person
to be notified or be deposited in the United States post office in
a sealed envelope, with postage thereon prepaid, addressed to such
person to be notified at the business address appearing upon the license
or permit. At the hearing before the Board of Health, the person aggrieved
shall have an opportunity to answer and may thereafter be heard, and
upon due consideration and deliberation by the Board of Health, the
complaint may be dismissed or, if the governing body concludes that
the charges have been sustained and substantiated, it may revoke,
cancel or suspend the license or permit held by the licensee or permittee.
C.
If any such license or permit shall have been revoked, neither the
holder thereof nor any person acting for him, directly or indirectly,
shall be entitled to another license or permit to carry on the same
business within this Township unless the application for the license
or permit shall be approved 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.
The provisions of this chapter are declared to be severable,
and if any section, subsection, sentence, clause or phrase thereof
shall for any reason be held to be invalid or unconstitutional, such
decision shall not affect the validity of the remaining sections,
subsections, sentences, clauses and phrases hereof but they shall
remain in effect, it being the legislative intent that this chapter
shall stand notwithstanding the invalidity of any part.
All ordinances or parts of ordinances in conflict or inconsistent
with this chapter are repealed.
Jurisdiction to hear complaints of a violation of this chapter
and to impose the penalties hereinafter prescribed shall be vested
in the Municipal Court of the Township of Delran.
Upon notice to him that any person, firm or corporation shall
have violated the provisions of this chapter or of the code hereby
adopted, the Sanitarian may, by complaint filed in the Delran Township
Municipal Court, institute proceedings in the name of the Board of
Health of the Township of Delran for the enforcement hereof and the
imposition of penalties hereinafter prescribed.
Any person, firm or corporation having been found guilty of
a violation of the provisions of this chapter, upon complaint made
pursuant to the provisions of the foregoing section, shall, for each
violation, be penalized not more than $500 or imprisoned in the county
jail for a term not exceeding 90 days, or both, per day per violation,
which penalty shall be paid to the Court and delivered to the Treasurer
of the Township of Delran.
This chapter shall become effective upon its adoption and publication
as provided by law.
