[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.
