[HISTORY: Adopted by the Township Committee
(now the Township Council) of the Township of Saddle Brook 8-13-1956 by Ord. No. 423. Amendments noted where applicable.]
No person, as hereinafter defined, shall distribute,
locate or place, or continue to have located or placed or in the possession
of any person, owner, occupant, tenant, lessor, lessee or licensee
of any premises located in the Township of Saddle Brook, for the purpose
of operation and use thereon by residents of the Township of Saddle
Brook or other members of the public at large, any coin-operated milk
vending machine, as defined herein, without first having obtained
from the Division of Health of the Township of Saddle Brook a license
permitting such distribution.
As used in this chapter, (he following terms
shall have the meanings indicated:
Any device or piece of mechanical or electrical equipment
which, upon the insertion of a designated piece or pieces of metallic
or other currency of the United States of America into a slot or place
on said machine, device or equipment, activates certain mechanism
and results in the dispensing of or making available to the person
or persons inserting said currency into said machine, device or equipment
a sealed container of milk and/or cream.
Any individual, firm, member of firm, cooperatives, corporation,
or any officer, director or stockholder of any corporation, or any
agent or any employee of any such firm, partnership or corporation.
A separate application for each coin-operated
milk vending machine shall be filed with the Division of Health of
the Township of Saddle Brook, showing the name of the applicant, post
office address and answers to either data required by said application.
A.
The Health Officer of the Township of Saddle Brook
shall certify that the granting of a license at the location applied
for of a coin-operated milk vending machine will not violate any health
regulations or ordinance pertaining to the distribution of milk in
the Township of Saddle Brook, or any laws of the State of New Jersey
having application to or in the Township of Saddle Brook, and, further,
that said machine has been inspected by the Division of Health and
is unobjectionable from the viewpoint of health and sanitation.
B.
The Chief of Police and Chief of the Fire Department
of the Township of Saddle Brook shall each certify that the placing
of said coin-operated milk vending machine at the location mentioned
in the application is unobjectionable from the viewpoint of welfare,
safety or traffic consideration.
No coin-operated milk vending machine shall
be located except in the districts known as D, E and F Districts as
set forth in the Zoning Ordinance and on the Zoning Map attached to
and made a part of the Zoning Ordinance of the Township of Saddle
Brook.[1]
Adequate space for off-street parking shall
be made available to the public so that there will be no parking in
the public streets or public areas. No sign shall be erected on the
premises unless such sign shall be attached to the milk vending machine
itself; said sign shall not be more than one foot long and eight inches
wide. Said milk vending machine shall be illuminated from sunset to
sunrise by electric lights of not less than 1,000 lumens.
A license fee of $50 for each machine applied
for is hereby fixed. If the application is rejected, the fee shall
be returned to the applicant. The license shall be for a period of
one year or any part thereof, commencing the first day of April in
the year in which the license is granted. Said license shall not be
transferable.
The licensee of a license granted pursuant to
the provisions of this chapter shall cooperate at all times with the
person in charge of the Division of Health, its Health Officer, the
Chief of Police and Chief of the Fire Department and Building Inspector
of the Township of Saddle Brook, when required or requested so to
do, to obtain information or knowledge which will enable them or any
of them to safeguard the health, welfare and safety of the residents
of the Township of Saddle Brook, as the same may be affected in any
way by said coin-operated milk vending machine. Failure to render
such cooperation shall permit the Division of Health of the Township
of Saddle Brook to immediately temporarily suspend such license and,
after a hearing, on two days' written notice to the licensee, at the
address stated in the application, giving the time and place of hearing,
to revoke said license.
In addition to the circumstances described in § 126-8 of this chapter as furnishing a basis for the revocation of a license, any license granted under the provisions of this chapter may be revoked by the Division of Health upon proof of circumstances or conditions which are inimical to the health, welfare, morals or safety of the residents of the Township of Saddle Brook; provided, however, that two days' written notice of a hearing is sent to the licensee at the address stated in the application, designating the time and place of said hearing.
If the licensee shall intend to renew said license
for a year beyond that for which it was granted, said licensee shall
advise the Division of Health, in writing, not later than March 1
of the year in which the license expires. If the license is not renewed,
the licensee shall take all necessary proceedings to remove said coin-operated
milk vending machine from the Township of Saddle Brook within five
days, or in default thereof said licensee shall be presumed to have
abandoned said machine to the Township of Saddle Brook, which may
thereupon cause said machine to be destroyed or otherwise disposed
of. Also, if a license is revoked during the year for which it was
granted, the licensee holding the revoked license shall within five
days remove the said machine from the Township of Saddle Brook or
cause the same to be so removed, or in default thereof said licensee
shall be presumed to have abandoned said machine to the Township of
Saddle Brook, which may thereupon cause said machine to be destroyed
or otherwise disposed of. In the case of a failure to renew said license,
the five-day period mentioned above shall commence from April 1; and
in the case of the revocation of a license, the five-day period mentioned
above shall commence from 2:00 a.m. the day following that on which
notice of revocation was sent, by registered mail, to the licensee
at the address stated in the application of the licensee.
Any person violating the provisions of this
chapter shall, upon conviction thereof, be punished by a fine not
exceeding $200 or by imprisonment in the county jail not exceeding
90 days, or both.
