Chapter 5-32
COIN-OPERATED VENDING MACHINES
Sections:
5-32-050 Analysis and inspection.
5-32-080 Responsibility for license.
5-32-010 License required.
No person shall locate, install, maintain, operate or use, or permit the location, installation, maintenance, operation or use of any coin-controlled or coin-operated machine, commonly known as a vending machine, for the sale or dispensing of food of any kind, including, but not limited to nuts, candy and gum and nonalcoholic beverages without first having obtained a license. (Prior code § 5-49-1)
5-32-020 License application.
Any person desiring a license for any coin-controlled or coin-operated machine, commonly known as a vending machine, for the sale or dispensing of food of any kind, including, but not limited to, nuts, candy and gum and nonalcoholic beverages, shall make written application therefor to the clerk. Such application shall set forth the name of the applicant, the address at which he or it conducts business, the address or addresses of the place or places where such machine or machines are located and the number of coin-controlled or coin-operated machines, commonly known as vending machines, operated with each coin denomination. (Prior code § 5-49-2)
5-32-030 Fee.
Every person applying for a license for a vending machine shall pay to the clerk at the filing of an application fee of one hundred dollars ($100.00). (Ord. 3316 § 2 (part), 2015: Ord. 3221 § 12, 2009; Ord. 2910 § 5 (Par. G. (part)), 1995: Ord. 2103 (part), 1977: Ord. 1921 (part), 1972; prior code § 5-49-3)
5-32-040 Term of license.
Every license issued under the provisions of this chapter shall expire on the thirtieth day of April following its issuance and the license fees herein fixed shall be annual fees payable in advance. License fees shall not be prorated, except that applications for licenses on and after November 1st shall require payment of only one-half of the fees hereinabove fixed. (Prior code § 5-49-4)
5-32-050 Analysis and inspection.
A. All the machines enumerated in Section 5-32-010 shall be kept and maintained in a clean and sanitary condition, and the food and beverages sold and dispensed therefrom shall be pure and wholesome. The operation of any machine found to be in an unsanitary condition, or containing impure of unwholesome food or beverages shall be stopped until said machine has been cleaned or the impure or unwholesome food or beverages removed and supplanted with pure and wholesome food or beverages.
B. The health officer shall be authorized and empowered to make inspections from time to time of said machines to determine whether said machines are in a sanitary condition and whether the merchandise thereby offered for sale is pure and wholesome. Any licensee hereunder shall, upon demand of the health officer, furnish him for his inspection samples of any food, including, but not limited to, nuts, candy and gum and beverages sold through said machines. A record of the analysis of the contents of such machine or machines shall be kept in the office of the health officer. If any analysis shows that any licensee is selling or offering for sale food, including, but not limited to candy, nuts and gum, and beverages which are impure or unwholesome, or that said machines are kept in an unsanitary condition, the mayor, after affording such licensee an opportunity to be heard with respect to the findings and analysis of the health officer, may, if the facts warrant, revoke the license of such person. (Prior code § 5-49-5)
5-32-060 Revocation.
Any license granted under the terms of this chapter may be revoked by the mayor, by notice in writing to the licensee, whenever it shall appear to his satisfaction that the person so licensed shall have violated any of the provisions of this chapter. (Prior code § 5-49-6)
5-32-070 License display.
Each license shall be affixed on the face of the machine for which it is issued so that it is clearly visible upon inspection of the machine. (Ord. 2910 § 5 (Par. G. (part)), 1995)
5-32-080 Responsibility for license.
The proprietor of the premises on which such vending machine is located shall be ultimately responsible for payment of the license fee and shall be responsible for each machine on his premises. Maintenance of machines anywhere on the premises which are not licensed in accordance with this code shall be deemed a violation. (Ord. 2910 § 5 (Par. G. (part)), 1995)
5-32-090 Violation—Penalty.
A person who violates the provisions of this chapter shall, upon conviction thereof, be fined not less than five hundred dollars ($500.00) nor more than two thousand five hundred dollars ($2,500.00) for each offense. Each day that a violation continues shall be deemed a separate and distinct offense. A person violating the provisions of this chapter may receive separate citations for each unlicensed machine on the premises. (Ord. 3316 § 2 (part), 2015; Ord. 2910 § 5 (Par. G. (part)), 1995)