[Adopted 6-30-1980 by Ord. No. 80-13; amended in its entirety 12-1-1980 by Ord. No. 80-31 (Ch. 70, Art. II, of the 1985 Code)]
As used in this article, the following terms shall have the
meanings indicated:
Any automatic, mechanical or electronic amusement device,
game or device of skill or entertainment which is or are operated
or set in motion by the deposit therein of any coin or coins, tokens
or slugs or the like thereof purchased for cash, and including video-type
games or machines or similar devices that use a display screen for
points, lines or dots of light that can be manipulated to simulate
games or other types of entertainment. Excluded from this definition
are music vending machines commonly known as "jukeboxes."
A.
No person, firm or corporation shall install, place, maintain, operate
or possess in any store, place of business, building, public place
or quasi-public place wherein the public is invited or may enter,
any coin-operated amusement device within the limits of the Township
of Washington without first applying for and obtaining a license therefor
for each and every coin-operated amusement device to be installed.
B.
Notwithstanding anything contained in this section to the contrary,
there is hereby exempted from the licensing fee requirements all organizations,
associations and corporations not for profit, organized pursuant to
the provisions of Title 15 of the New Jersey Revised Statutes or otherwise,
whose primary activity is religious, educational, eleemosynary or
fraternal; provided, however, that such organizations, associations
and corporations shall not maintain, place or install more than two
coin-operated amusement devices in or about any single premises or
location.
A.
A separate application for each coin-operated amusement device shall
be filed, together with the appropriate fee therefor, with the Municipal
Clerk, which application shall state or include the following:
(1)
The name, age and address of the owner and/or lessor of the coin-operated
amusement device and the name and address of the bailee or lessee
of such device.
(2)
A sketch indicating the location of the premises, approximate interior
dimensions and proposed placement within the premises of said devices
that are to be installed, used or kept.
(3)
The name and address of the owner of such premises.
(4)
Specific description of the type of coin-operated amusement device
sought to be licensed, together with its serial number or other means
of identification. All replacement machines shall be similarly reported
to the Municipal Clerk within 10 days of installation.
B.
The truth of the information submitted in any application under this
section shall be sworn to, and any willful misstatement therein shall
be considered a violation of this article and shall subject the offender
to the penalties provided.
A.
Upon receipt of an application for the license under this article,
the Police Chief shall conduct an investigation into the nature of
the device to be licensed and the location at which such device is
to be used.
B.
In the event the Municipal Clerk determines that such application
is in violation of this article, or in the event it is determined
that the installation of such device at a particular location constitutes
a clear and present potential for the disruption of the peace and
good order of the Township of Washington, then the Municipal Clerk
shall deny such application.
C.
Upon the Municipal Clerk's denying any application, the unsuccessful
applicant shall have the right to appeal such denial to the Council
within 10 days of receipt of written denial, by a written notice of
appeal served upon the Municipal Clerk. The Council shall schedule
a hearing on such appeal within 30 days thereof and issue its decision
within 30 days after such hearing.
No more than two licenses shall be issued for the placement,
installation, maintenance, operation or possession of coin-operated
amusement devices in or about any single premises or location.
A.
Each device shall be located at least five feet from the entranceway
to said premises and placed so that it does not obstruct or interfere
with the free and unfettered passage of patrons or users of the premises.
B.
Such devices may only be used or operated during the hours of operation
of the premises upon which they are located.
C.
Not more than 5% of the total area of the premises within which such
devices are located may be used for the installation, keeping or operation
of said devices.
[Amended 11-7-1988 by Ord. No. 88-31; at time of adoption of Code (see
Ch. 1, General Provisions, Art. II)]
Licensing of devices shall be on an annual basis. The annual license fees are set forth in Chapter 212, Fees.
No license issued pursuant to this article is transferable,
and no license fee shall be refunded upon the revocation or surrender
of any license.
A.
License cards issued pursuant to this article shall specify the location
of the premises on which the licensed coin-operated amusement device
is to be used or kept, a brief description of the device, the device's
number or other means of identification and the name and address of
the owner and lessee or bailee of said device.
B.
All license cards issued pursuant to this article shall be posted
and at all times displayed in a conspicuous place at or near the licensed
device.
C.
All licenses issued pursuant to this article shall expire on December
31 of each year. Upon the expiration of the license, the holder shall
surrender the license card forthwith to the Municipal Clerk.
It shall be unlawful to install, maintain and use any such coin-operated
amusement device for the purpose of giving, directly or indirectly,
any prize, return or profit for the use of the device. Any licensee
who shall suffer, permit or approve of the use of any coin-operated
amusement device for gambling purposes shall be deemed to be guilty
of a violation of this article.
Each and every day in which a violation of any provision of
this article exists shall constitute a separate violation.
