Township of Elk, NJ
Gloucester County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Committee of the Township of Elk 4-1-2010 by Ord. No. O-2010-19. Amendments noted where applicable.]

§ 42-1 Definitions.

The following words shall, for the purpose of construing this chapter, be understood to have and include the following meanings:
AUTOMATIC AMUSEMENT DEVICES and DEVICE
These words shall be synonymous and shall mean any machine which may be activated and operated by the insertion of a coin, slug, token plate, card or disk and is intended for use by the general public as a game, entertainment, or amusement, whether or not it registers a score, including but not limited to such devices as marble machines, pinball machines, skill ball or mechanical grab machines and similar devices by whatever name they may be called; also video-type games or machines or similar devices that use a display screen for figures, points, lines and/or dots of light that can be manipulated to simulate games or other types of entertainment. This definition shall not, however, include, nor shall this chapter apply to, music-playing machines and other kinds of music-playing devices used solely for the playing of music.
DISTRIBUTOR
Any person who supplies any automatic amusement device to another person for use in any establishment possessed or operated by such other person, whether by sale, lease or any other arrangement.
ESTABLISHMENT
Any premises or place of business open to the public containing one or more automatic amusement device which is operated or intended to be operated for a profit.
OPERATOR and LICENSEE
These words shall be synonymous and shall mean any person to whom a license to operate an establishment has been granted and/or who is engaged in the business of operating an establishment, either by himself or herself or through his or her agents, servants or employees, containing one or more automatic amusement device which is operated or intended to be operated for profit.
PERSON
Any person, firm, partnership, corporation or other kind of association of persons.

§ 42-2 License and regulation permit required.

No person shall engage in the business of maintaining or operating an establishment as defined in this chapter within the Township of Elk, in the County of Gloucester, without first making an application for and obtaining a license to operate the establishment where such business is to be carried on and a registration permit for each automatic amusement device to be located or kept therein.

§ 42-3 Number of licenses issued; limitation.

No more than four automatic amusement devices shall be permitted in any location or place of business.

§ 42-4 Limitation of number and location of devices.

A. 
The number of automatic amusement devices that may be located or kept in any one establishment shall be determined by the physical space available in the establishment.
B. 
The following rules shall govern the location and number of all automatic amusement devices in each establishment:
(1) 
Each device shall be located at least 10 feet from all entrances and exits to the establishment wherein the business is operated and shall be placed so as not to obstruct or interfere with the free entry and exit of patrons and other persons in the establishment.
(2) 
Each device shall have a clear area walkway at least six feet wide in front of each device, or row of devices, so as to leave an unobstructed walkway space or aisle at least six feet wide in front of each device and row of devices. Each such walkway or aisle shall connect with and lead into at least one main access walkway or aisle which shall also be at least six feet wide and shall connect with and lead to and from the main outside entrance/exit door of the establishment or other unobstructed outside exit such as is described in Subsection B(1) above.
C. 
No license shall be granted for the operation of an establishment within a radius of 500 feet of a house of worship or a school, either public or private, attended by pupils in any of the first 12 grades. This provision shall not, however, apply to any establishment which was in operation on the effective date of this chapter, unless it is determined by the Township Committee, on notice and hearing, that the location of the establishment for any valid reason constitutes a nuisance to persons present in or attending the house of worship or school.

§ 42-5 Fees for licenses and registration permits.

A. 
The fee for a license to operate an establishment shall be $100 for each calendar year or part thereof. Said fee shall be paid at the time of making the application.
B. 
The fee for a registration permit for each automatic amusement device to be kept in the establishment for which the license is sought shall be $50 for each device for each calendar year or part thereof. Said fees shall be paid at the time of making the application for a license to operate an establishment.

§ 42-6 Application requirements.

A. 
All applications for a license to operate an establishment to contain one or more automatic amusement devices shall be made to the Township Clerk on application forms which can be obtained from the Township Clerk. All applications shall be signed by the applicant and the facts therein stated shall be verified by oath or affirmation of the applicant.
B. 
The application for a license to operate an establishment to contain one or more automatic amusement devices shall contain the following information:
(1) 
Name and address of the applicant and names and addresses of all other persons who have or will have an interest in the establishment and in the case of an incorporated applicant, the names and addresses of every stockholder to whom more than 10% of the corporate stock has been issued or is intended to be issued.
(2) 
Name under which the establishment is to be operated.
(3) 
Address of the establishment.
(4) 
Name and address of the owner of the premises on which the establishment is to be located.
(5) 
Number and type of automatic amusement devices to be installed in the establishment.
(6) 
Location within the establishment where each automatic amusement device is to be placed, which information may be shown by drawing of a floor plan if the applicant desires.
(7) 
Name and address of the person from whom each automatic amusement device to be kept in the establishment is to be purchased, rented or otherwise obtained.
(8) 
Description of each automatic amusement device sought to be licensed including, for the purpose of issuing registration permits for each device, the name of the manufacturer, model number, serial number and commonly used name or type of each device.
(9) 
Terms of each agreement governing the acquisition of each automatic amusement device.
(10) 
A statement as to whether the applicant, distributor and/or any other person connected with or having an interest in the business for which the application is made has ever been convicted of any crime or found guilty of the violation of any ordinance pertaining to gambling, gaming or possession with intent to distribute marijuana or a controlled dangerous substance. Any applicant who has been convicted of any such crime or violation shall, on request of the Township Police Chief, furnish such further information pertaining to any conviction or violation that may be requested by the Chief.
(11) 
Any other information which the Township Clerk or the Township Police Chief may deem reasonably necessary or proper to request for the purpose of fully implementing the provisions of this chapter.
C. 
Any false statement made in an application for a license shall constitute a violation of this chapter.

§ 42-7 Review of application and investigation of applicant; grant of license.

A. 
Application for licenses to operate an establishment shall be reviewed by the Township Police Chief, the Township Construction Official and the Chief of one of the volunteer fire companies in the Township.
(1) 
The Police Chief shall determine upon the credibility of the facts set forth in the application.
(2) 
The Construction Official shall inspect the establishment where the business is to be carried on to determine whether it complies with the state construction code and the provisions of any Township building code and Chapter 96, Unified Development, that may be in effect on the date of the application.
(3) 
The Fire Official shall inspect the establishment where the business is to be carried on to determine whether it complies with the provisions of any Township fire code and fire prevention regulations that may have been enacted by the Township Committee.
B. 
Each of said officials shall then make a written report of their findings to the Township Committee thereof, and the Township Committee shall at its next regular meeting act to either approve or disapprove issue of a license to the applicant.
C. 
The Township Clerk shall, upon approval of the Township Committee and receipt of the license fee and permit fees hereinbefore provided for, issue a license to the applicant to operate the establishment and registration permits for the automatic amusement devices to be placed in the establishment.
D. 
The Township Construction Official shall, on notice from the Township Clerk, affix the registration sticker or stickers to the device or respective devices for which they were issued.

§ 42-8 Form of licenses and registration stickers; permits.

A. 
Every license issued by the Township Clerk for the operation of an establishment shall state:
(1) 
The name and address of the person to whom the license was issued;
(2) 
The location of the establishment for which the license was issued;
(3) 
The date of issue and date of expiration of the license;
(4) 
The number of automatic amusement devices to be kept in the establishment; and
(5) 
Shall be posted in a conspicuous place in the establishment for which it was issued.
B. 
Every registration sticker issued by the Township Clerk shall be in the form of a small sticker containing information to identify the automatic amusement device for which it was issued and shall state:
(1) 
The name, model number and serial number of the device;
(2) 
The name of the manufacturer; and
(3) 
Shall be affixed to the automatic amusement device for which it was issued in such a position as to be readily visible.

§ 42-9 Term of license; transfer of registration permits; license renewals.

A. 
All licenses to operate an establishment and all registration permits for automatic amusement devices to be kept therein shall be issued for a term of one year, commencing on the first day of January and expiring on the 31st day of December of the year for which the license was issued.
B. 
A registration permit for an automatic amusement device may be transferred from one device to another on written notice to the Township Clerk containing a description of the device for which it was issued and a description of the device to which it is to be transferred, which descriptions shall include the name of the manufacturer, model number and serial number of both devices. The Township Construction Official shall, on notice from the Township Clerk, affix a new registration sticker to the device to which the old registration permit has been transferred. No additional registration fee shall be charged for the transfer of a registration permit.
C. 
No license issued to any establishment shall be transferred to any other establishment in the Township unless an application for transfer is made to and approved by the Township Committee.
D. 
Applications for renewal of licenses for establishments and for registration permits for automatic amusement devices for each calendar year shall be made not later than the first day of November of the preceding year and shall contain the information required by § 42-6 of this chapter and shall be accompanied by the fees required by § 42-5 of this chapter.

§ 42-10 Hours of operation; supervision of establishment.

A. 
The hours during which any automatic amusement device may be operated in any establishment shall be limited to the following hours during the following days of each week:
(1) 
Between the hours of 9:00 a.m. and 11:00 p.m. from Sunday through Thursday, both inclusive, of each week.
(2) 
Between the hours of 9:00 a.m. and 12:00 midnight on Friday and Saturday of each week.
B. 
The operator of every establishment, or a person whom the operator has placed in charge of the establishment, shall be personally present in such establishment during all hours that automatic amusement devices are operated and permitted to be operated therein.

§ 42-11 Prohibited and unlawful acts.

A. 
It shall be unlawful and a violation of this chapter for any persons to engage in or commit any of the acts enumerated in the following subsection of this chapter in any establishment or on the premises whereon it is located.
B. 
It shall be unlawful and a violation of this chapter for which the Township Committee may revoke the license and registration permits issued to any licensee (whether personally operating the business or employing another person to operate the business) who suffers or permits any person to engage in or commit any of the following acts in the establishment for which the license was issued or on the premises whereon it is located:
(1) 
To gamble or play games of skill or chance for money, or any other thing of value, or wager on the result of the operation of any automatic amusement device.
(2) 
To display or consume or invite any other person to consume alcoholic beverages of any kind whatsoever.
(3) 
To display, use, or invite any other person to use or traffic in marijuana, harmful drugs or any controlled dangerous substance.
(4) 
To display or distribute any obscene or pornographic literature, pictures or other pornographic thing.
(5) 
To perform any lewd act or engage in obscene conduct.
(6) 
To enter any toilet in the establishment which is reserved for or customarily used by persons of the opposite sex.
(7) 
To repetitively use loud and profane and/or indecently vulgar language.
(8) 
To fight with or threaten any other person.
(9) 
To engage in such loud and boisterous and/or rowdy conduct as to constitute a nuisance to other persons in the establishment or in the vicinity of the establishment.
(10) 
To violate any law of the State of New Jersey or ordinance of the Township relating to the operation and management of a place of amusement.

§ 42-12 Duties of licensee.

It shall be the duty of every licensee, whether he or she be personally engaged in operating the business for which the license was granted, or has employed other persons to operate the business and manage the establishment in which it is carried on, to do and perform all of the following acts and failure to do or perform any one or more of said following acts shall be a violation of this chapter, for which the license may be revoked:
A. 
To post the license issued for the establishment in a conspicuous place, clearly visible on entry through the main doorway of the establishment.
B. 
To keep the registration permit stickers issued by the Township Clerk for each automatic amusement device in such position on the device for which issued as to be readily visible to persons using the device.
C. 
To restrict the operation of automatic amusement devices in the establishment for which the license was granted to the hours between 9:00 a.m. and 11:00 p.m. from Sunday through Thursday, both inclusive, of each week; and between the hours of 9:00 a.m. and 12:00 midnight on Friday and Saturday of each week, and not to allow the operation of any automatic amusement device in the establishment at any other time.
D. 
To keep a clean and orderly establishment with separate sanitary toilet facilities for the use of male and female patrons of the establishment, either in the establishment or on the premises where the establishment is located.
E. 
To exclude minors who are under eight years of age from the establishment and use of the amusement device therein, unless such minor is accompanied by his or her parent or guardian or other person over 18 years of age having custody, care or control of such minor.
F. 
To refrain from and prevent the use of any automatic amusement device or other amusement device in the establishment equipped with a contrivance to propel a pellet, ball or any other thing outside of the enclosed portion or partly enclosed automatic amusement device or other type of amusement device.
G. 
To refrain from the employment of any person known to have been convicted of a crime or disorderly act pertaining to possession of marijuana, controlled dangerous substances or gambling.
H. 
To prevent congregations of persons in the establishment or on the premises whereon it is located from engaging in loud, boisterous and noisy conduct to such an extent as to constitute a nuisance to other persons in the establishment and vicinity of the establishment.
I. 
To comply with all provisions of this chapter and all laws of the State of New Jersey pertaining to the operation of a business or place of amusement open to the public and operated for profit.

§ 42-13 Revocation of licenses and registration permits; hearing.

A. 
Every license and all registration permits issued to any person may be revoked by the Township Committee for any act or thing which is a violation of this chapter and/or for failure to do or perform any act or thing which is required by this chapter; provided, however, that no license shall be revoked unless the licensee is found guilty of the violations by 2/3 of the members of the Township Committee after having first been charged with the violation and afforded a hearing in accordance with the procedure hereinafter set forth.
B. 
No license issued to operate an establishment shall be revoked by the Township Committee for a violation of this chapter until and unless the following procedure has been instituted and concluded to assure the licensee of a fair and impartial hearing:
(1) 
A charge in writing stating the time, place and nature of the violation and/or violations has been presented to the Township Committee either by a Township official who has reason to believe a violation has occurred or by a resident of the Township having knowledge thereof.
(2) 
The Township Committee has arranged for a public hearing of the charge.
(3) 
At least 10 days' notice of the time and place of hearing and a copy of the charge has been served on the licensee of the establishment who is alleged to have committed the violation. Service of the charge shall be by personal service on the licensee or, in the event personal service is impractical or impossible, by leaving a notice with the person in charge of the establishment and mailing a copy of the notice to the licensee at his or her last known address with return receipt requested.
(4) 
A licensee is afforded the opportunity to appear at the hearing, to be represented by counsel, to confront the complainant, to testify on his or her own behalf, to produce witnesses to testify in his or her defense and to cross examine witnesses testifying against him or her.
(5) 
The licensee is found guilty of the violation by a majority of the entire membership of the Township Committee.

§ 42-14 Violations and penalties.

Any person violating any of the provisions of this chapter shall, upon conviction, be subject to a fine not exceeding $1,250, imprisonment for a term not exceeding 90 days or a period of community service not exceeding 90 days. In the event of a continuous and uninterrupted violation of the provisions of this chapter, each and every day in which said violations continue without interruption shall constitute a separate violation.