As used in this Division: Perishable food shall mean any food or drink, or food or drink ingredient capable of supporting the growth of any microorganism which is pathogenic to man or capable of producing preformed toxins, or which will promote the growth of coliform organisms when held at incubation temperatures. Vending machine shall mean any automatic self-service device offered for public use which, upon insertion of a coin, coins, token or by similar means dispenses unit-servings of food and beverage, either in bulk or in package, without the necessity of replenishing such device between each such vending operation. Vending machine location shall mean the space under one (1) roof or an outside location involving a consolidated single enclosure, space or area under one (1) proprietor where one (1) or more vending machines are installed and operated and offered for public use.

No person shall establish or maintain a vending machine location for the sale of food or beverages to the public without a valid permit from the Health Officer. Subsection (a) shall not apply to: The sale of beverages which are sealed, canned or bottled carbonated beverages, or pasteurized dairy products; Machines commonly known as gumball machines; or, Any food or drink which is not perishable.

Any person desiring to establish a vending machine location under Section 12-163 shall make application for a permit to the Health Officer upon forms to be supplied by the Health Officer. No new permit shall be necessary for additional machines to be added to an established vending machine location of the same permittee. Permits shall be issued for a period not in excess of one (1) year, expiring December 31 of each year, and may be renewed for periods not to exceed one (1) year. The Health Officer shall provide for the issuance of any permits which are required pursuant to this Division. If the permittee has complied with the provisions of this Division and any State laws or regulations pertaining to food and drink vending machines, shall be entitled to a permit.

The Health Officer may suspend any permit issued pursuant to this Division if any violation of this Division or any State laws or regulations pertaining to food and drink vending machines has been committed by the licensee by sending a notice of such suspension or revocation to the address of the licensee as it appears upon his application. A licensee whose license has been suspended may request a hearing before the Health Officer. The suspension shall remain in effect pending any hearing. The Health Officer may rescind or sustain its determination of suspension after such hearing. Upon receipt of any new application for a new permit for the same location a permit for which has been previously suspended, the Health Officer shall make an inspection to determine whether there has been satisfactory compliance with this Division and any State law or regulation.

For every vending machine location permit issued, a fee as prescribed in the Table of Fees shall be paid before the issuance of any permit. A duplicate permit will be issued, on request, at a charge as prescribed in the Table of Fees.

All readily perishable foods, as determined by the Health Officer, shall be coded with the date of processing, or with or in addition to any other system acceptable to the Health Officer. All such coding systems shall be subject to the approval of the Health Officer.