[HISTORY: Adopted by the Council of the City of Perth Amboy
as indicated in article histories. Amendments noted where applicable.]
[Adopted 9-21-1976 by Ord. No. 100-76]
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.
The code established and adopted by this article is described
and commonly known as the "Food and Beverage Vending Machine Code
of New Jersey (1961)."
[Amended 5-13-1998 by Ord. No. 945-98]
Three copies of said Food and Beverage Vending Machine Code
of New Jersey (1961) have been placed on file in the office of the
Registrar of the Department of Human Services, Division of Vital Statistics,
of this municipality and will remain on file there for use and examination
by the public.
[Amended 12-21-1976 by Ord. No. 121-76]
Any person who violates any provision of or order promulgated
under this article or 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.
[Adopted 9-21-1976 by Ord. No. 101-76]
[Amended 5-13-1998 by Ord. No. 945-98]
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:
A.
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 beverages, either
in bulk or packages, without the necessity of replenishing the devices
between each vending operation, without first having applied and procured
a permit from the Department of Human Services, Division of Vital
Statistics, of this municipality so to do, or 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 said Department
of Human Services, Division of Vital Statistics.
B.
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,
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 Human Services,
Division of Vital Statistics, of this municipality or 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 said Department
of Human Services, Division of Vital Statistics.
A.
The fees for licenses, as required by § 233-5 above, for the purpose of raising revenue, for regulation and control, to be paid annually to this municipality, are hereby fixed as follows:
[Amended 1-18-1977 by Ord. No. 127-77]
B.
All permits and licenses issued under authority of this article shall
expire on the last day of each year.
C.
Permit and license fees shall be paid to the Department of Human
Services, Division of Vital Statistics.
[Amended 5-13-1998 by Ord. No. 945-98]
[Amended 5-13-1998 by Ord. No. 945-98]
Application for and issuance of the permits and licenses referred to in § 233-5 above 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 Department of Human Services, Division of Vital Statistics, of this municipality. Such permits and licenses are not transferable.
[Amended 5-13-1998 by Ord. No. 945-98]
Permits and licenses issued under authority of this article
may be suspended, revoked or reinstated by the Department of Human
Services, Division of Vital Statistics, of this municipality pursuant
to the provisions of the Food and Beverage Vending Machine Code of
New Jersey (1961), as adopted or amended by said Department of Human
Services, Division of Vital Statistics.
No provision of this article shall be applied so as to impose
any unlawful burden on either interstate commerce or any activity
of the state or federal government.
[Amended 12-21-1976 by Ord. No. 121-76]
Any person, firm or corporation who shall violate any of the
provisions of this article shall, upon conviction, be punished by
a fine of not to exceed $500 or by imprisonment in the county jail
for a period of not to exceed 90 days, or by both such fine and imprisonment;
and each violation of any of the provisions of this article and each
day the same is violated shall be deemed and taken to be a separate
and distinct offense.
