§ 23-60. Vending machines on private property.

(a)

Every vending machine located on private property within the RT-1, RT-3, or RT-4 Resort Tourist District shall, when located outside of the enclosed physical structure of a building or establishment, be located in such a manner as to comply with the following:

(1)

No more than one vending machine shall be located on any lot or parcel.

(2)

The vending machine shall be accessory to a permitted use and structure.

(3)

The vending machine shall be enclosed on three (3) sides.

(4)

The open side of the vending machine enclosure shall not face the boardwalk, any city park or any improved connector street plaza.

(5)

The vending machine shall be set back a minimum of three (3) feet from any public right-of-way and shall not interfere with any building entrance or exit.

(b)

When a vending machine has been located in accordance with subsection (a) above, the owner of the vending machine, or the owner or operator of the business or establishment in control of the vending machine, may display, or cause to be displayed, a sign, visible from the public right-of-way, in letters no higher than three (3) inches, for the purpose of indicating the location of the vending machine.

(c)

For purposes of this section, a vending machine shall be defined as any self-service or coin-operated box, container, storage unit or other dispenser installed, used or maintained for the provision or delivery, by sale or otherwise, of consumable and/or nonconsumable products.

(d)

The provisions of this section shall not be applicable to newspaper vending machines or coin-operated telephones.

(e)

Any person who violates the provisions of this section shall be guilty of a Class 4 misdemeanor.

(Ord. No. 1845, 4-3-89; Ord. No. 1859, 5-1-89; Ord. No. 3249, 7-10-12)

Cross reference— Vending machines on public property, § 33-18.

(Ord. No. 1845, 4-3-89; Ord. No. 1859, 5-1-89; Ord. No. 3249, 7-10-12)

Cross reference

Vending machines on public property, § 33-18.