[HISTORY: Adopted by the Township Committee of the Township
of Elk 4-1-2010 by Ord. No. O-2010-19. Amendments noted where applicable.]
The following words shall, for the purpose of construing this
chapter, be understood to have and include the following meanings:
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.
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.
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.
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.
Any person, firm, partnership, corporation or other kind
of association of persons.
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.
No more than four automatic amusement devices shall be permitted
in any location or place of business.
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.
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.
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.
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.
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:
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.
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:
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.
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.
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.
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.
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.
