[HISTORY: Adopted by the Board of Health
of the Borough of Madison as indicated in article histories. Amendments
noted where applicable.]
[Adopted 10-9-1962 by Ord. No. 2BH]
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.R.S.
26:3-69.1 to 69.6. A copy of said code is annexed hereto and made
a part thereof without the inclusion of the text thereof herein.
The said code established and adopted by this
article is described and commonly known as the "Food and Beverage
Vending Machine Code of New Jersey (1961)."
Three copies of the said Food and Beverage Vending
Machine Code of New Jersey (1961) have been placed on file in the
office of the Health Officer of this local Board of Health upon the
introduction of this article and will remain on file there until final
action is taken on this article for the use and examination of the
public.
[Amended 10-16-2007 by Ord. No. BH 1-77]
Any person who violates any provision of or order promulgated under this article or the code established herein shall, upon conviction thereof, be subject to the penalties provided in Ch. 201, General Provisions. Board of Health, Article I, for each violation. Each day a particular violation continues shall constitute a separate offense.
[Adopted 10-9-1962 by Ord. No. 3BH]
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 package, without the necessity of replenishing the
devices between each vending operation, without first having applied
to and procured a permit from the Board of Health of this borough
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 Board.[1]
B.
Maintain or permit to be maintained on or in any location
in this borough 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 Board of Health of this borough
or without complying with any and all of the provisions of the Food
and Beverage Vending Code of New Jersey (1961), as adopted or amended
by said Board.
A.
The fees for permits and licenses, as required by § 232-5 above, for the purpose of raising revenue, for regulation and for control, to be paid annually to this borough, are hereby fixed as follows:
[Amended 11-18-2008 by Ord. No. BH 4-08]
B.
All permits and licenses issued under the authority
of this article shall expire on the 31st day of December each year.
C.
Permit and license fees shall be paid to the Board
of Health.
Application for and issuance of the permits and licenses referred to in § 232-5 above shall be made in conformity with the provisions of the Food and Beverage Vending Code of New Jersey (1961), as adopted or amended by the Board of Health of this borough. Such permits and licenses are not transferable.
Permits and licenses issued under the authority
of this article may be suspended, revoked or reinstated by the Board
of Health of this borough pursuant to the provisions of the Food and
Beverages Vending Code of New Jersey (1961), as adopted or amended
by said Board of Health.
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 2-15-1977 by Ord. No. BH 1-77]
Any person, firm or corporation who shall violate any of the provisions of this article shall, upon conviction, be subject to the penalties provided in Chapter 201, General Provisions, Board of Health, Article I. 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.
