[HISTORY: Adopted by the Board of Commissioners of the Township of Nutley 8-25-1964 by Ord. No. 1610 (Ch. 77 of the 1978 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Police Department — See Ch. 131.
Alcoholic beverages — See Ch. 210.
Entertainment, amusements and amusement devices — See Ch. 309.
Peace and good order — See Ch. 506.
It shall be unlawful in the Township of Nutley to operate or maintain billiard rooms, poolrooms or such other places where the business of playing billiards or pool is conducted for hire or gain and open to the public without first having obtained a license in accordance with the provisions of this chapter, as herein set forth.
Application for a license issuable under this chapter shall be filed with the Township Clerk on a form to be provided by the Township, together with a detailed drawing or sketch of the room, showing the dimensions and location of the billiard or pool table or tables in the room sought to be licensed, together with the required license fee, and shall specify:
A. 
The name, age, occupation and address of the applicant, and, if a firm, corporation or association, the principal officers thereof and their addresses.
B. 
The address of the premises for which the license is sought.
C. 
The name and address of the person to be actually in charge of the operation of the business, if he is not the licensee.
The application for a license shall be first referred by the Township Clerk to the Director of Public Safety for investigation as to the good moral character of the applicant, the public safety and fire hazards involved, if any, and said application shall also be referred by the Township Clerk to the Director of Public Affairs for investigation as to any health or sanitary conditions which may be involved.
The Directors of Public Safety and Public Affairs shall make reports of the investigations in writing to the Board of Commissioners. The Board of Commissioners shall consider the application and, if approved, the license herein provided for shall be issued to the applicant by the Township Clerk.
The term of each license issued hereunder shall run from January 1 and shall expire December 31 following the issuance thereof. Any license issued after August 1 of any year shall require payment of 1/2 of the full license fee for the year, and such license shall expire on December 31 after its issuance. Each license issued shall apply only to the person, firm, corporation or association specified therein as the licensee, and no such license shall be assignable or transferable to any person, firm, corporation or association, and each license issued shall apply only to the premises designated in the license.
The license herein provided for shall be posted and displayed in a conspicuous place in the billiard room, poolroom or such other place where the business of playing billiards or pool is conducted under such license.
The amount of the annual fee payable for a license to be issued under this chapter shall be the sum of $750 for the first billiard or pool table and an additional sum of $750 for each additional billiard or pool table on the licensed premises.
No license provided for hereunder shall be issued to any minor nor to any person convicted of crime or the violation of any state law or municipal ordinance involving gambling or moral turpitude. No such license shall be issued to a corporation or association if any officer thereof would be ineligible to obtain a license under this chapter.
No person under the age of 18 years shall be permitted or allowed in any billiard rooms or poolrooms or such other place licensed under this chapter, or to use any billiard or pool table or to remain in or frequent or loiter in such rooms, nor shall any person known to have been convicted of a crime or violation of any state law or municipal ordinance involving gambling be permitted to use any such table or to remain in or frequent any such room or place.
It shall be the duty of the licensee or whoever is in charge of the licensed premises to see that alcoholic beverages shall not be brought into or consumed upon the licensed premises.
The licensee shall not permit any gambling or any noise so loud as to disturb the peace in or upon the licensed premises.
It shall be the duty of the licensee to post conspicuously in his place of business the following sign: PERSONS UNDER THE AGE OF 18 YEARS ARE NOT ALLOWED HERE, AND NO GAMBLING OR THE CONSUMPTION OF ALCOHOLIC BEVERAGE PERMITTED ON THESE PREMISES.
No license shall be issued hereunder to conduct the business of billiard rooms or poolrooms within 1,000 feet of any school, library or church premises or within 5,000 feet of another billiard or pool room or other place where the business of playing billiards or pool is conducted for hire or gain.
Every licensed billiard or pool room shall be so arranged as to offer a view of the interior of the premises from the street; provided, however, that a curtain or other means of screening may be used on windows or doors of the premises to a height of five feet from the floor of the premises, but in no case shall the screening obstruct or prevent a view of the interior of the premises from the street by a policeman or any inspection by any other officer of the law.
No restaurant or lunchroom or lunch bar shall be conducted or operated on the licensed premises.
No female shall be admitted to the licensed premises unless accompanied by a male escort.
Every billiard or pool room or such other place where billiard or pool tables are open to the public for hire or gain may be open and operated from 9:00 a.m. to 12:00 midnight from Monday through Saturday and shall be closed on Sunday. The hours herein mentioned refer to standard time or daylight saving time, whichever shall then be in effect.
It shall be the duty of the Chief of Police to see that the licensed premises are inspected periodically by a member of the Police Department[1] to ensure conformity with the provisions of this chapter.
[1]
Editor's Note: See Ch. 131, Police Department.
Any license issued hereunder may be suspended or revoked by the Board of Commissioners after charges have been preferred against the licensee and a hearing has been held thereon after notice.
The number of licenses issued under this chapter shall not exceed one license for every 20,000 residents of the Township of Nutley according to the last federal census next preceding the application for a license.
[Amended 5-15-1979 by Ord. No. 1973]
Any person, firm, corporation or association violating any provision of this chapter shall, upon conviction thereof, be punished by a fine not to exceed $500 or by imprisonment in the county jail not to exceed 90 days, or both. A separate offense shall be deemed committed on each day during and on which a violation occurs.