[HISTORY: Adopted by the Board of Health of the Township of Morris 10-13-1971 by Ord. No. 35-71 (Ch. 116 of the 1969 Code). Amendments noted where applicable.]
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 foods or drinks; authorizing inspection of vending machines and operations connected therewith; and fixing penalties for violations is hereby established pursuant to N.J.S.A. 26:3-69.1 to 26:3-69.6. A copy of said code is annexed hereto and made a part hereof without the inclusion of the text thereof herein.
[Amended 2-27-2013 by Ord. No. 2-13]
The said code established and adopted by this chapter is described and commonly known as "Sanitation in Retail Food Establishments and Food and Beverage Vending Machines" (N.J.A.C. 8:24).
Three copies of the said "Sanitation in Retail Food Establishments and Food and Beverage Vending Machines" (N.J.A.C. 8:24) have been placed on file in the office of the Secretary of this local Board of Health upon the introduction of this chapter and will remain on file there until final action is taken on this chapter for the use and examination of the public.
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 municipality one or more machines or devices offered for public use which, upon insertion of a coin, coins or token or by other means, dispense 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 "Sanitation in Retail Food Establishments and Food and Beverage Vending Machines" (N.J.A.C. 8:24), as adopted or amended by said Board.
[Amended 4-8-1981 by Ord. No. 7-81; 5-16-2007 by Ord. No. 16-07]
The fees for licenses, as required by § 636-4 above, for the purpose of raising revenue, for regulation and control, to be paid annually to this municipality, are hereby fixed as follows:
Every license issued shall expire May 31 of the following year of its issue. A late fee of $10 per machine will be charged to all applications received after June 30.
[Amended 2-27-2013 by Ord. No. 2-13]
License fees shall be paid to the Board of Health.
Application for the issuance of the licenses referred to in § 636-1 above shall be made in conformity with the provisions of "Sanitation in Retail Food Establishments and Food and Beverage Vending Machines" (N.J.A.C. 8:24), as adopted or amended by the Board of Health of this municipality. 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 municipality pursuant to the provisions of "Sanitation in Retail Food Establishments and Food and Beverage Vending Machines" (N.J.A.C. 8:24), as adopted or amended by said 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 who violates any provision of or order promulgated under this chapter or the code established herein shall, upon conviction thereof, be liable to a penalty of not less than $5 nor more than $500 for each violation. Each day a particular violation continues shall constitute a separate offense.
This chapter shall be enforced by the Health Administrator or his designated representative.