[Ord. #53-78, S 1]
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 in connection therewith, and fixing
penalties for violations thereof, is hereby adopted by and for the
Board of Health of the Township pursuant to the authority set forth
in N.J.S.A. 26:3-69.1 et seq. A copy of the Code is annexed hereto
and made a part hereof without inclusion of the text thereof herein.
[Ord. #53-78, S 2; Ord. #94-2, S 2]
Three copies of the "Retail Food Establishments and Beverage
Machine Vending Code of New Jersey (1993)" have been placed on file
in the Office of the Secretary of the Montgomery Township Board of
Health and will remain on file for the use and examination of the
public.
[Ord. #53-78, S 4, Ord. #94-2, S 2]
It shall be unlawful for any person, whether as principal, agent,
clerk or employee, either for himself or any other person, for any
corporation, or officer of any corporation, or otherwise to engage
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 beverage, 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
from the Montgomery Township Board of Health so to do, or without
complying with any and all of the provisions of the Retail Food Establishments
and Beverage Vending Machine Code of New Jersey (1993) as adopted
or amended by the Board.
[Ord. #53-78, S 5; Ord. #94-2, S 2]
License fees are hereby fixed as follows:
a.Â
Vending machines dispensing perishable and/or potentially hazardous
foods as determined by the Montgomery Board of Health or its designated
representative $15 per machine per year.
b.Â
Vending machines dispensing foods and confections not readily perishable
(i.e., candy, nuts, soda, etc.): $10 per machine per year.
c.Â
Vending machines dispensing ice in bulk, cubes or otherwise $15 per
machine per year.
[Ord. #53-78, S 6; Ord. #94-2, S 2; Ord. #99-01, S 4]
Application for issuance of licenses referred to in section BH3-2.1 shall be made in conformity with the provisions of the Food and Beverage Vending Code of New Jersey (1993) as adopted or amended by the Montgomery Township Board of Health. Such licenses are not transferable. License applications shall be obtained from the Health Officer or designee. In the event the Board of Health or its designee disapproves a license application, he applicant may appeal that decision in accordance with the procedures set forth in section BH1-3.
[Ord. #53-78, S 7; Ord. #94-2, S 2]
Licenses issued under authority of this chapter may be suspended,
revoked, or reinstated by the Montgomery Township Board of Health
pursuant to the provisions of the Food and Beverage Vending Code of
New Jersey (1993) as adopted or amended by the Board of Health.
[Ord. #53-78, S 8]
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.
[Ord. #93-4, S 1]
The Montgomery Township Board of Health hereby finds and determines
as follows:
a.Â
The Surgeon General of the United States has called for a ban on
the sale of cigarettes by vending machines.
b.Â
The State of New Jersey has banned the sale or furnishing of cigarettes
or tobacco in any form to minors under N.J.S.A. 2A:170-51.
c.Â
The Township of Montgomery is presently unable to prevent the sale
of cigarettes or tobacco in any form to minors by vending machines
and no penalty has been imposed by State statute upon minors for the
purchase of cigarettes.
d.Â
By virtue of the powers granted to it by N.J.S.A. 26:3-1, et seq.,
the Board of Health of the Township of Montgomery is authorized to
enact ordinances consistent with the laws of this State as it may
deem necessary and proper for the protection of persons and for the
preservation of the public health of the Township and its inhabitants.
[Ord. #93-4, S 1]
a.Â
In view of the indiscriminate sales of cigarettes to minors via automatic
vending machines, all vending machines for cigarettes or tobacco in
any form are hereby prohibited in the Township of Montgomery.
b.Â
Any person owning, operating, renting or permitting the use of a
machine for vending cigarettes or tobacco in any form on premises
under his or her control shall immediately terminate the use of such
machine and shall, within 20 days after the effective date of this
section, remove, or cause to be removed, any such machine from the
Township.
