[HISTORY: Adopted by the Mayor and Council
of the Borough of Wharton (Sec. 6-1 of the Revised General Ordinances).
Amendments noted where applicable.]
As used in this chapter, the following terms
shall have the meanings indicated:
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.
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.
A.Â
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.Â
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.
A.Â
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.Â
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.
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.
Application for a pool and billiard table license
shall set forth the following:
A.Â
Address of premises and location therein where table
will be kept for use.
B.Â
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.Â
Description of table, including manufacturer, serial
number and other identifying data.
D.Â
Hours of operation of table.
E.Â
Name, age and address of person in charge of operation
of table.
Application for a poolroom and billiard room
license shall set forth the following:
Applicants for a pool table and billiard table
license, or for a poolroom and a billiard room license shall state:
A.Â
Whether or nor the applicant has ever been convicted
of any crime or of any offense involving gambling.
B.Â
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.
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.
A.Â
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.Â
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.Â
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.
A.Â
Minors.
(1)Â
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)Â
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)Â
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.Â
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.Â
Gambling. No gambling of any kind shall be permitted
on the licensed premises.
D.Â
Facilities. No other poolroom or billiard room facility
shall be allowed within 1,000 feet of each other.
Any license issued under this chapter shall
be displayed by the holder thereof in a conspicuous manner as follows:
A.Â
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.Â
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.
A.Â
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.Â
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.Â
License fee not refundable. No license fee or any
part thereof shall be refundable once the license has been duly issued
under this chapter.
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.
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.
