Borough of Wharton, NJ
Morris County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the Borough of Wharton (Sec. 6-1 of the Revised General Ordinances). Amendments noted where applicable.]
GENERAL REFERENCES
Amusement devices — See Ch. 73.
Peace and good order — See Ch. 216.

§ 225-1 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
POOL AND BILLIARD ROOM
Any public room, place, compartment, parlor, hall or other premises in which two or more pool tables or billiard tables, or any combination thereof, are kept, maintained or operated for use by the general public.
POOL AND BILLIARD TABLES
Any equipment, device or table on which games commonly known as pool or billiards, or any derivative thereof, are or may be played, whether mechanically, manually or coin operated.

§ 225-2 License required.

A. 
Pool and billiard table license. It shall be unlawful for any person to keep, maintain, hold out, or permit the use and operation of any pool table or billiard table within the Borough unless a current pool table and/or billiard table license shall first have been obtained.
B. 
Poolroom and billiard room license. It shall be unlawful for any person to keep, maintain, hold out, or permit the use of any poolroom or billiard room within the Borough unless a current poolroom and billiard room license shall first have been obtained.

§ 225-3 Exceptions.

A. 
One table; premises licensed by Alcoholic Beverage Control. No poolroom license shall be required for any premises in which not more than one pool table or billiard table is kept, nor shall such license be required for any premises for which a plenary retail consumption license has been, or will be, issued under the Alcoholic Beverage Control Laws of the State of New Jersey.
B. 
Religious, civic and other nonprofit organizations. No permit or license shall be required of any religious, charitable, civic, fraternal, benevolent, educational, athletic or nonprofit association or corporation which may operate or maintain any pool tables or billiard tables for the use, recreation and enjoyment of its own members and guests, provided such organization is bona fide in character.

§ 225-4 Separate license required.

Separate application shall be made to the Borough Clerk for pool and billiard tables and for poolrooms and billiard rooms on forms provided by the Clerk. The license shall be issued only after investigation of the application by the Chief of Police and the approval of the application by the Mayor and Council.

§ 225-5 Application for a pool and billiard table license.

Application for a pool and billiard table license shall set forth the following:
A. 
Address of premises and location therein where table will be kept for use.
B. 
Name, age and address of owner or lessee of premises or name and address of owner or lessee of table, if other than the owner or lessee of premises.
C. 
Description of table, including manufacturer, serial number and other identifying data.
D. 
Hours of operation of table.
E. 
Name, age and address of person in charge of operation of table.

§ 225-6 Application for a poolroom and billiard room license.

Application for a poolroom and billiard room license shall set forth the following:
A. 
Address of premises sought to be licensed.
B. 
Name and address of owner of premises.
C. 
Number and description of pool tables and billiard tables to be located at the premises.
D. 
Hours of operation.
E. 
Name, age and address of person or persons in charge.

§ 225-7 Provisions for both licenses.

Applicants for a pool table and billiard table license, or for a poolroom and a billiard room license shall state:
A. 
Whether or nor the applicant has ever been convicted of any crime or of any offense involving gambling.
B. 
In the event the applicant is a corporation or a partnership, the application shall set forth the names and addresses of all persons interested in the application, the extent of the interest of each person, the officers and stockholders of the corporation, and whether or not any such persons have ever been convicted of any crime or offense involving gambling.

§ 225-8 Opening and closing hours.

Licensed pool table/room or billiard table/room. No licensee, nor any agent, servant or employee of a licensee, shall allow or permit or cause to be allowed or permitted the use of any licensed poolroom or billiard room other than at prevailing time, as follows: Monday through Sunday, from 7:00 a.m. until 2:00 a.m. the following day, unless otherwise regulated by law.

§ 225-9 License regulations.

A. 
Proximity to church or school. No poolroom and billiard room license shall be issued for any premises or any part or grounds thereof which are located within a radius of 200 feet of any school or church.
B. 
Fire hazard. No license shall be issued to any premises which shall be declared to be unsafe or a fire hazard by the Chief of the Fire Department.
C. 
Windows. Windows in any premises for which a poolroom and billiard room license shall be issued shall contain clear glass and shall not be covered at any time with curtains, draperies or covering of similar character.

§ 225-10 Prohibitions.

A. 
Minors.
(1) 
A minor under the age of 18 years shall not be permitted to play the games commonly known as pool and billiards, or games of a similar nature, or to frequent any premises licensed as poolroom or billiard room, unless accompanied by a parent or adult guardian.
(2) 
No minor under the age of 18 years shall be permitted to play such pool or billiards, or games of a similar nature, or to frequent premises licensed as a poolroom or billiard room after the hour of 11:00 p.m., unless accompanied by a parent or adult guardian.
(3) 
No person under the age of 18 years shall be employed in any capacity in the operation of a pool or billiard table or in or at premises licensed as a poolroom or billiard room.
B. 
Drunk or disorderly persons. No person under the influence of alcohol or drugs or a disorderly person shall be admitted to nor be permitted to remain in premises hereinbefore described.
C. 
Gambling. No gambling of any kind shall be permitted on the licensed premises.
D. 
Facilities. No other poolroom or billiard room facility shall be allowed within 1,000 feet of each other.

§ 225-11 Display of license.

Any license issued under this chapter shall be displayed by the holder thereof in a conspicuous manner as follows:
A. 
Pool and billiard table license. Each license shall be conspicuously, continuously and openly posted on a lighted wall, post or column as close to the table to which it pertains as may be practicable. Each individual table will be identified with a nonremovable serial number label issued by the Borough of Wharton. The Borough will maintain a computer listing of each table, showing exact licensed location within each facility, owner, manufacturer and manufacturer serial number, type and name of each table.
B. 
Pool and billiard license. Each license shall be conspicuously, continuously and openly posted on a lighted wall as close to the entrance to the licensed premises as may be practicable.

§ 225-12 License fees.

A. 
Pool and billiard table license. A license granted under this chapter shall run from the date of issuance to December 31 of that year. A fee of $200 shall be charged for each license issued. License fees shall not be prorated.
B. 
Pool and billiard room license. For each poolroom and each billiard room license, the fee shall be $200 per year, commencing January 1 and terminating on December 31 following.
C. 
License fee not refundable. No license fee or any part thereof shall be refundable once the license has been duly issued under this chapter.

§ 225-13 Revocation of license.

Any license may be suspended or revoked by the Administrator of the Borough for violation of any of the terms of this chapter or for any other just and good cause, provided that the licensee is served with notice of charges and given an opportunity to be heard.

§ 225-14 Appeals.

The revocation of any license may be appealed to the Borough Council, provided written notice is given to the Administrator within 15 days of the notice of revocation. In the event of an appeal to the Borough Council, the revocation shall be stayed until a hearing is held by the Council, at which time all interested parties shall be given an opportunity to be heard. Said hearing is to take place within 30 days of the receipt of the decision of the Administrator. The hearing shall be a trial de novo and based upon the record before the Administrator. The Mayor and Council may affirm, reverse or modify the decision of the Administrator. In the event the Mayor and Council do not hear the matter within 30 days of the receipt of the decision of the Administrator, then that shall be construed as an affirmation of the Administrator's decision.

§ 225-15 Violations and penalties. [1]

Violation of any of the provisions of this chapter shall be punishable as provided in Chapter 1, General Provisions, Article I, General Penalty.
[1]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. II).