[HISTORY: Adopted by the Township Committee of the Township of Franklin 6-7-1990
by Ord. No. 90-5 (Ch. 46 of the 1988 Code). Amendments noted
where applicable.]
GENERAL REFERENCES
Fees — See Ch. 182.
Unless it be otherwise expressly provided or there is something in the
subject or context repugnant to such construction, the following words and
phrases, when used in this chapter, shall have the meaning herein given to
them:
Include but shall not be limited to these devices commonly known
as "video games," pinball machines" and "mechanical amusement device" or similar
machine device or contrivance which, by means of the insertion of a coin,
token, slug, plate, disc or other article into a slot, crevice, opening or
attachment connected with or forming a part of any such device or contrivance,
activates the operation thereof for use as a game, entertainment or amusement,
whether or not registering a score. It shall include such devices known as
"video games," "pinball machines," "computer games" and all games, machines,
operations or transactions similar thereto, under whatever name they may be
indicated.
Any person who leases or rents out or places under any kind or type
of arrangement one or more of the amusement device(s) designated in this chapter.
Any person who owns or operates one or more amusement devices.
Corporations, companies, associations, societies, firms, partnerships
and joint-stock companies as well as individuals, unless restricted by the
context to an individual as distinguished from a corporation.
A place, structure and/or location where amusement device(s), as
used in this chapter, are located and operated.
A.
No person, firm or corporation shall operate or conduct
a place of public amusement, as heretofore defined, without having first obtained
from the Township of Franklin, through the Zoning Officer, a license to do
so.
C.
Each license shall expire on December 31 of the year
in which said license is issued.
Application for the appropriate license or an exemption therefrom shall
be submitted on the form supplied by the Zoning Officer and filed with the
Zoning Officer of the Township of Franklin, setting forth the complete information
required on each form.
A.
Each application shall be accompanied by the appropriate license fee as hereinabove set forth, together with a set of fingerprints of any person to be employed on the premises or having an interest therein, whether as owner, lessees, operator, manager or in any other capacity, however employed. In the event that such application shall be made by a corporation or partnership, said fingerprints shall be submitted by each partner, officer and director thereof. Such application shall be submitted to the Township Committee to grant or deny the same by the adoption of an appropriate resolution at the earliest regular meeting of the Township Committee of the Township of Franklin; provided, however, that the Zoning Officer shall have first directed said application to be thoroughly investigated by the Chief of the Police Department and further, that the Zoning Officer inspect the place of public amusement proposed by the applicant to ascertain that they meet applicable zoning ordinances, rules and regulations and §§ 113-5 and 113-17 of this chapter. The results of such investigation by the said Police Department and the said Zoning Officer shall be made in writing, together with recommendation for approval or disapproval, and the reasons therefore as the case may be, and submitted to the Township Committee for its consideration.
B.
Any application which is incomplete or which fails to
conform to the requirements of this chapter or which contains any misrepresentations
shall constitute sufficient grounds for the denial of the application, or
should it appear that any application or member of an applicant firm or corporation,
as herein set forth, has been convicted of a crime (as defined at N.J.S.A.
2C:1-4) or a violation of a municipal ordinance, which ordinance regulates
amusement devices, a license shall likewise be denied to such applicant.
Any premises which shall be determined by the Zoning Officer to be unsafe
as a place of public amusement and/or shall fail to meet the requirements
for issuance of certificate of occupancy shall be deemed to be ineligible
for a license, as set forth by a report of the Zoning Officer in writing.
A.
Each license shall entitle the licensee to conduct the
licensed business only at the location designated in the license and shall
not be transferable either as to person, firm or corporation or premises,
without application therefore addressed to the Zoning Officer in like manner
as the application for an original license.
B.
Within three days after any amusement device is replaced
by a replacement amusement device, the replacement amusement device must be
licensed. The license of the previous amusement device may be transferred
to the replacement amusement device with the written approval of the Zoning
Officer. The Zoning Officer shall not issue the aforesaid written approval
without first confirming the removal of the originally licensed amusement
device and noting the description and serial number of the replacement amusement
device. Not more than one machine shall operate under one license, and the
applicant or licensee shall be required to secure a license for each and every
machine displayed or operated by him.
C.
A license shall not be transferable from person to person
nor from place to place, and shall be maintained only at the approved place
of public amusement and by the person designated in said license.
A.
Proof of gambling in any licensed premises shall constitute
sufficient reason for the revocation of such license by the Township Committee;
provided, however, that not less than five days'
written notice of hearing shall have been served upon the licensee, either
in person or by certified mail, return receipt requested, and after the licensee
shall have been afforded an opportunity to a public hearing before the Township
Committee.
B.
No operator, owner or distributor shall offer or permit
to be offered within the premises any prizes or awards, whether in cash or
otherwise.
The license or licenses herein provided for shall be posted permanently
and conspicuously at the place of public amusement in as close a proximity
to the amusement device(s) as practicable.
Said license may be suspended or revoked by the Township Committee for
violation of any of the terms and provisions of this chapter or for any other
just and good cause, provided that not less than five days' written notice
of hearing shall have been served upon the licensee, either in person or by
certified mail, return receipt requested, and after the licensee shall have
been afforded an opportunity to a public hearing before the Township Committee.
In the event that any license is suspended or revoked, the licensee
shall not be entitled to the return of any portion of the license fee.
The hours of operation of such licensed premises and amusement devices
shall not exceed the hours of 10:00 a.m. to 9:00 p.m. However, children under
the age of 16 years will be forbidden by the licensee, his agents, servants
or employees, to play any amusement device(s) between the hours of 10:00 a.m.
and 3:30 p.m. when public, private or parochial schools are in session.
No person shall be employed in the licensed premises in violation of
any state or federal statute, ordinance, rule or regulation.
No licensee, or any agent, servant or employee of a licensee, shall
allow or permit or cause to be allowed, suffered or permitted:
A.
Any gambling in any form in or at the licensed premises.
B.
Any intoxicated or disorderly person to be admitted to
the licensed premises or to remain therein, or the dispensation, consumption
or bringing on to the licensed premises of any alcoholic beverage (unless
said licensee possesses the applicable license pursuant to the New Jersey
Alcoholic Beverage Control Act) or controlled dangerous substance, as defined
at N.J.S.A. 2C:35-2.
C.
Any loitering or congregating within the licensed premises
or on public or private property outside of and immediately adjacent to the
licensed premises, which shall be considered as conducting the business in
a disorderly manner.
D.
Any entrance or exit to be locked during legal hours
of operation.
E.
Any persons on the licensed premises, other than during
the hours set forth herein, excepting those directly operating or employed
in said licensed premises and the patrons thereof.
F.
Any activity upon the licensed premises which is or may
be detrimental to the health, safety, welfare or morals.
G.
Any person to cause noise or loudness of such nature
as to disturb the peace and quiet in, upon and around the licensed premises.
No place of public amusement licensed under the terms of this chapter
shall be operated unless there is in force a public liability insurance policy
to cover any injuries suffered as a result of the operation of the licensed
premises in the aggregate amount of not less than $500,000 and including a
clause to the effect that the policy cannot be cancelled during the license
year without notification being given to the Township Committee.
Application for the renewal of a license shall be made to the Zoning
Officer no later than January 1 of each year accompanied by the required annual
fee made payable to the Township of Franklin.
A.
This chapter shall not apply to any premises for which
a valid retail plenary consumption license issued pursuant to the New Jersey
Alcoholic Beverage Control Act is in effect.
B.
The licensing and fee requirements contained in § 113-2 shall not apply to any duly incorporated social club or association, religious, charitable, benevolent or nonprofit association or corporation or to a fraternal organization having a membership in excess of 100 members, except that all such organizations as described aforesaid must be bona fide in character and not intended or created for the purposes of evading or forfeiting the regulations prescribed by this chapter. Such religious, charitable or other nonprofit organizations shall be required, however, to comply with the terms of this chapter in all other respects.
C.
This chapter shall not apply to any social event at a
private residence or residential property, provided that no fee or cost, direct
or indirect, is charged for same.
D.
This chapter shall not apply to events or amusements
sponsored or conducted by the Township of Franklin.
A.
Each place of public amusement shall provide private
off-street parking facilities of one car space nine feet wide and 20 feet
in length for every five persons or fraction thereof who shall be able to
be accommodated in the structure at any single assemblage (i.e., if the structure
is determined to accommodate 100 persons, then there shall be 20 off-street
private parking facilities).
B.
The off-street parking facilities required in Subsection A shall be located within a radius of 1,000 feet of the site of the place of public amusement, and said parking facilities shall be located in the Township of Franklin.
C.
A place of public amusement not in existence at the date
of enactment of this chapter shall be prohibited from locating within 2,500
feet of any church, synagogue or public, private or parochial school. Distance
is to be measured from building to building at their closest points.
D.
Each and every amusement device shall be located at least
25 feet from any entrance or exit of said game room so that it does not interfere
or obstruct the free and unfettered passage of patrons, invites or users of
said game room.
E.
There shall be an unencumbered aisle of not less than
eight feet to allow or permit access to and egress from the amusement devices
for patrons, invites or observers.
F.
A minimum of two rest rooms must be provided within the
place of public amusement or immediately adjacent thereto, one to be designated
for each gender.
G.
Each person or entity seeking to establish a new place
of public amusement in a building or structure not heretofore authorized or
licensed by the Township of Franklin for this activity shall be required to
comply with this chapter.
H.
Each place of public amusement in existence at the date of enactment of this chapter shall be exempt from the provisions of § 113-17, but shall be required to comply with this chapter in all other respects. In the event that it seeks to expand its present building or structure to accommodate more than 10 persons in excess of the assembly capacity on the effective date of this chapter, the place of public amusement shall thereafter comply with this chapter in all respects.
Any and all amusement devices and all places of public amusement, as
herein defined, presently in use or operation with proper Township authorization
and licenses at the time of the adoption of this chapter shall be permitted
to continue in said operation, provided that said licensee complies with all
applicable provisions of this chapter within 30 days of the adoption of this
chapter.
Any person found guilty of any violation of any provision of this chapter shall be subject to a penalty as provided in Chapter 1, Article I, General Penalty, for each charge or offense. However, nothing herein contained shall prevent proceedings pursuant to this chapter to revoke or suspend any license. Each day that any such violation continues shall be deemed to constitute a separate and distinct violation of this chapter.
