SENATE, No. 946

 

STATE OF NEW JERSEY

 

INTRODUCED MARCH 14, 1996

 

 

By Senator SINGER

 

 

An Act concerning increases in the fees for certain licenses by municipalities, supplementing chapter 52 of Title 40 of the Revised Statutes and amending R.S.40:49-2.

 

    Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

    1. (New section) a. The governing body, by ordinance, may increase the fee for a license to own or operate a vending machine as defined in subsection b. of this section or to dispense goods or services therefrom. In addition to the requirements set forth in the procedure for the passage of ordinances in R.S.40:49-2, the governing body, at least 30 days before the date on which the ordinance to increase the fee for such a license will be considered for final passage, shall mail to the last known address of each person currently holding a license to own or operate a vending machine as defined in subsection b. of this section a notice of the fee increase contained in the proposed ordinance and a notice of the time and place when and where the ordinance will be further considered for final passage so that all persons interested will be given an opportunity to be heard concerning the ordinance.

    b. For the purposes of this section, a "vending machine" shall include a coin-operated device which is used for the sale or distribution of food, sundries, and other items. It shall also include coin-operated amusement devices.

 

    2. R.S.40:49-2 is amended to read as follows:

    40:49-2. Except as otherwise provided in [sections] R.S.40:49-6 and R.S.40:49-12 of this Title, the procedure for the passage of ordinances shall be as follows:

    a. Every ordinance after being introduced and having passed a first reading, which first reading may be by title, shall be published at least once in a newspaper published and circulated in the municipality, if there be one, and if not, in a newspaper printed in the county and circulating in the municipality, together with a notice of the introduction thereof and the time and place when and where it will be further considered for final passage. If there be only one such publication the same shall be at least 1 week prior to the time fixed for further consideration for final passage. If there be more than one publication, the first shall be at least 1 week prior to the time fixed for further consideration for final passage.

    b. At the time and place so stated in such publication, or at any time and place to which the meeting for the further consideration of the ordinance shall from time to time be adjourned, all persons interested shall be given an opportunity to be heard concerning the ordinance. The opportunity to be heard shall include the right to ask pertinent questions concerning the ordinance by any resident of the municipality or any other person affected by the ordinance. Final passage thereof shall be at least 10 days after the first reading.

    c. Upon the opening of the hearing, the ordinance shall be given a second reading, which reading may be by title, and thereafter, it may be passed with or without amendments, or rejected. Prior to the said second reading, a copy of the ordinance shall be posted on the bulletin board or other place upon which public notices are customarily posted in the principal municipal building of the municipality, and copies of the ordinance shall be made available to members of the general public of the municipality who shall request such copies. If any amendment be adopted, substantially altering the substance of the ordinance, the ordinance as so amended shall not be finally adopted until at least one week thereafter, and the ordinance as amended shall be read at a meeting of the governing body, which reading may be by title, and shall be published, together with a notice of the introduction, and the time and place when and where the amended ordinance will be further considered for final passage, at least 2 days prior to the time so fixed. At the time and place so fixed, or at any other meeting to which the further consideration of the amended ordinance may be adjourned, the governing body may proceed to pass the ordinance, as amended, or again amend it in the same manner.

    d. Upon passage, every ordinance, or the title, together with a notice of the date of passage or approval, or both, shall be published at least once in a newspaper circulating in the municipality, if there be one, and if not, in a newspaper printed in the county and circulating in the municipality. No other notice or procedure with respect to the introduction or passage of any ordinance shall be required.

    Nothing herein shall be construed to affect the provisions of [sections] R.S.40:49-7 to R.S.40:49-12 or [section] R.S.40:49-27 [of this Title] or section 1 of P.L. , c. (C. )(pending before the Legislature as this bill).

(cf: P.L.1973, c.329, s.1)


    3. This act shall take effect on the first day of the second month after enactment.

 

 

STATEMENT

 

    This bill requires the governing body of a municipality to follow certain procedures when passing an ordinance increasing the licensing fee to own or operate a vending machine. "Vending machine" is defined in the bill as a coin-operated device used for the sale or distribution of food, sundries and other items. It also includes coin-operated amusement devices.

     The bill requires that, in addition to following the procedure for the passage of an ordinance set forth in R.S.40:49-2, the governing body, at least 30 days before the date on which the ordinance will be considered for final passage, must mail to the last known address of each person currently holding a license to own or operate these types of vending machines a notice of the proposed fee increase and a notice of a hearing to be held on the matter so that all interested persons will be given an opportunity to be heard concerning the ordinance.

 

 

 

Requires municipalities to give written notice of increase in licensing fee to certain vending machine operators.