Township of East Brunswick, NJ
Middlesex County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Council of the Township of East Brunswick 12-27-67 as Ord. No. 67-97 and as Sec. 11-10 of the Revised General Ordinances. 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; and authorizing inspection of vending machines and operations connected therewith, is hereby established pursuant to N.J.R.S. 26:3-69.1 to 3-69.6. A copy of the code is annexed hereto and made a part hereof without the inclusion of the text herein.
The 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 (3) copies of the Food and Beverage Vending Machine Code of New Jersey (1961) have been placed on file in the office of the Township Clerk and will remain on file there for use and examination by 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 anybody corporate, or as an officer of any corporation or otherwise, to:
A. 
Engage in the operation of one (1) or more machines or devices offered for public use which, upon insertion of a coin, coins or token or by any 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 Department of Health and Welfare to do so and without complying with any and all of the provisions of the Food and Beverage Vending Machine Code of New Jersey (1961), as adopted or amended by the Township Council.
B. 
Maintain or permit to be maintained on or in any location in this municipality, one (1) or more machines or devices offered for public use which, upon insertion of a coin, coins or token or by any 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 Department of Health and Welfare and without complying with any and all of the provisions of the Food and Beverage Vending Machine Code of New Jersey (1961), as adopted or amended by the Township Council.
[Amended 8-12-68 by Ord. No. 68-112; 12-10-18 by Ord. No. 18-34]
A. 
The annual fee for any license required by § 107-4 shall be as follows:
(1) 
Milk vending machines: fifty dollars ($50.) per machine.
(2) 
All other vending machines involving heating, refrigeration or freezing equipment: fifty dollars ($50.) for the first machine operated by each person, firm or corporation at each location and ten dollars ($10.) for each additional machine operated by the same person, firm or corporation at the same location.
[Amended 1-24-77 by Ord. No. 77-1-VV]
(3) 
All other vending machines requiring a permit or license under this chapter: fifty dollars ($50.) for the first machine operated by each person, firm or corporation at each location and ten dollars ($10.) for each additional machine operated by the same person, firm or corporation at the same location.
[Amended 1-24-77 by Ord. No. 7-1-VV]
B. 
The license fee referred to above shall include the fee for any permit or permits required under the terms of this chapter and the code adopted herein.
C. 
All permits and licenses issued under authority of this chapter shall expire on the 30th day of June of each year.
D. 
Permits and license fees shall be paid to the Township of East Brunswick and are levied for the purpose of covering the cost of regulation and control.
[Amended 1-22-68 by Ord. No. 68-97-A; 8-12-68 by Ord. No. 68-112]
Application for and issuance of the permits and licenses referred to in § 107-5 shall be made in conformity with the provisions of the Food and Beverage Vending Machine Code of New Jersey (1961), as adopted or amended by the Township Council. Such permits and licenses are not transferable. Notwithstanding anything to the contrary herein contained the Food and Beverage Vending Machine Code of New Jersey (1961), as adopted by the Township of East Brunswick, shall apply to vending machines which dispense milk and milk products, but shall not apply to vending machines which dispense soft drinks or similar beverages in sealed bottles, cans or similar containers and penny gumball machines.
Permits and licenses issued under the authority of this chapter may be suspended, revoked or reinstated by the Department of Health and Welfare pursuant to the provisions of the Food and Beverage Vending Machine Code of New Jersey (1961), as adopted or amended by the Township Council.
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.