[HISTORY: Adopted by the Mayor and Council
of the Borough of Paulsboro 4-18-2006 by Ord. No. 07.06.[2] Amendments noted where applicable.]
This chapter is enacted for the purpose of the
regulation and control of the business sought to be licensed under
this chapter, pursuant to N.J.S.A. 40:52-1 and 40:52-2.
For the purpose of this chapter, the following
words and phrases shall have the meanings respectively ascribed to
them by this section:
Any place of public assemblage in which the games commonly
known as "pool" or "billiards" or games of a similar nature are played.
No person shall operate or conduct a pool or
billiard hall or parlor without having first obtained from the Borough
Council a license therefor. The Borough Council may place such conditions
on any license as are recommended by the Chief of Police or, in the
discretion of Council, are reasonably necessary to protect the public
health, safety and welfare.
Any person desiring to obtain a license to operate
a pool or billiard hall or parlor shall make application for the same,
in writing, to the Borough Council by filing same with the Borough
Clerk. Such application shall set forth the following:
A.
The location of the place for which the license is
desired.
B.
The location and number of pool tables and billiard
tables to be located upon the premises to be licensed.
C.
The name of the individual applicant, the owner of
the business.
D.
The post office address of the applicant.
E.
The name and address of the manager or person who
shall be in charge of the licensed premises, if other than the owner
of the business.
F.
If the applicant is a corporation, partnership or
other form of business entity, the names and addresses of all stockholders,
members, officers, and all persons holding any interest in applicant.
G.
If the applicant is a corporation, the name and address
of the registered agent authorized to accept service of process.
H.
Whether or not the individual applicant or a member
of or any person holding an interest in the firm, partnership, corporation
or business entity applicant or the manager or person who shall be
in charge of the licensed premises has ever been convicted of a crime
or violation of any provision of the New Jersey Code of Criminal Justice
(N.J.S.A. 2C:1-1 et seq.) in New Jersey or any other jurisdiction
and whether such person or persons have ever been convicted of a violation
of any ordinance or other law or regulation involving gambling, moral
turpitude, drugs or drug-related activity, or disorderly conduct.
J.
Written confirmation from the Fire Chief that the
proposed location and site plan meet all applicable fire codes.
K.
Written confirmation that all real property taxes
have been paid current through the date of application.
A.
Investigation of applicants. Each application shall
be referred to the Police Chief or a police officer designated by
him, who shall immediately institute whatever investigation of the
applicant's business responsibility, moral character and ability to
properly conduct the licensed activity he considers necessary for
the protection of the public, which shall at a minimum include criminal
and local ordinance violations checks of licensee and employees, any
persons or business entities having an interest in the license or
licensed business, the source or sources of funding for the license,
the purchase of business and operation of the business. The Chief
shall communicate his findings in writing to the Borough Council within
a reasonable time after the application has been filed.
B.
The Police Chief or a police officer designated by him shall review the location of the proposed licensed business and make such recommendation to Council with respect to security, staffing, lighting, controlled access and oversight as in the Chief's or his designee's opinion are reasonably necessary to insure compliance with the provisions of Chapter 53 and to protect the public health, safety and welfare and may take into consideration the nature of the operation of the proposed licensed premises, the location of the proposed licensed premises and the existence or nonexistence of criminal activity in the areas surrounding the proposed licensed premises. In the event that the Chief or his designee determines that the proposed licensed business cannot be operated in the proposed location without substantial detriment to the public health, safety or welfare, same shall be reported to Council with a detailed explanation of the reason for such determination.
The Borough Council may refuse to grant a license
to any person or business entity for any of the following reasons:
A.
Failure to comply with any requirements or the payment of any fee as set forth in the within Chapter 53;
B.
A conviction of licensee, employee, or any business
entity or person holding any interest in the license or business of
a crime or violation of any provision of the New Jersey Code of Criminal
Justice (N.J.S.A. 2C:1-1 et seq.) in New Jersey or any other jurisdiction;
C.
A conviction of licensee or employee or any business
entity or person holding any interest in the license or business of
violation of any ordinance, law, or regulation involving gambling,
moral turpitude, drugs or drug-related activity, or disorderly conduct;
D.
Lack of financial ability to properly conduct the
licensed activity, or the obtaining or reliance on funding from persons
or business entities which would not qualify as licensees under this
ordinance;
E.
Any violation of the Alcoholic Beverage Law or regulations
promulgated pursuant thereto;
F.
Upon the recommendation from the Chief of Police or
his designee that the licensee does not have the requisite moral character
to conduct the licensed activity; or
G.
Upon the recommendation from the Chief of Police or
his designee that the proposed licensed business cannot be operated
in the proposed location.
No license shall be issued for the operation
of any pool or billiard hall or parlor which is located within 200
feet of any school or church.
All persons licensed to carry on and operate
pool or billiard rooms shall pay a license fee of $75 for each table
used, occupied or contained within the room or parlor. The same license
fee shall be paid for a portion of the year as that paid for a full
year, unless the term for which the license is to run is less than
six months, in which case the license fee shall be 1/2 of the annual
fee charged.
Licenses issued pursuant to this chapter shall
expire on the 31st day of December of the year in which the same are
issued.
Licenses for pool or billiard halls or parlors,
when granted, shall be kept in a conspicuous place in the establishment.
In addition to any other penalties imposed for
the violation of this chapter, any license issued under this chapter
may be revoked by the Borough Council at any time for any violation
of this chapter, violation of any condition placed on the license,
or for other sufficient cause, after notice and hearing to the licensee.
No licensee under this chapter, nor any agent,
servant or employee of any such licensee, shall allow, suffer or permit
or cause to be allowed, suffered or permitted:
A.
The licensed premises to be or remain open for business
except during the hours between 1:30 p.m. and 12:00 midnight.
B.
Card playing in any form, even if such card playing
is for social purposes.
C.
Gambling in any form in or at the licensed premises.
E.
Any person under the age of 21 years to be employed
in any capacity in or at the licensed premises.
F.
The serving or consumption of alcoholic beverages
unless such premises also maintains a valid liquor license.
G.
The violation of any criminal statute including petty
and disorderly persons offenses on the licensed premises.
No pool or billiard hall or parlor licensee,
nor any agent, servant or employee of such a licensee, shall allow,
suffer or permit, or cause to be allowed, suffered or permitted:
A.
A minor under the age of 16 years (unless accompanied
by a parent or legal guardian) to frequent or lounge or congregate
or gather at the licensed premises.
B.
A minor under the age of 16 years to play in or at
the licensed premises the game commonly known as "pool" or "billiards"
or games of a similar nature.
C.
A minor over the age of 16 years and under the age
of 18 years to frequent or lounge or congregate in or to play at the
licensed premises (unless accompanied by a parent or legal guardian)
the games commonly known as "pool" or "billiards" or games of a similar
nature.
All premises in which the games of pool or billiards
are played shall be on the street floor of any building and shall
be so arranged and shall be so lighted that a full view of the interior
may be had from the public thoroughfare.
This chapter shall not apply to any religious,
charitable, benevolent or nonprofit association or corporation which
operates or maintains any pool or billiard table or bowling alley
solely for the recreation and amusement of its members, provided that
such organization is bona fide in character and is not intended as
a means or device for evading the terms and provisions of this chapter,
nor shall this chapter apply to any pool or billiard table or bowling
alley in private residences for private use.
Any violation of this chapter shall be punishable
by a fine not exceeding $2,000, imprisonment for a term not exceeding
90 days, a period of community service not exceeding 90 days, or a
combination thereof.
In case, for any reason, any section or provision
of this ordinance shall be held to be unconstitutional or unenforceable,
said decision shall not affect any other section or provision hereof.
