[Adopted 12-22-1981 by Ord. No. 3552 (Ch.
164, Art. III, of the 2004 Code)]
The operation of all automatic mechanical, electrical,
electronic or computerized video machines, games, similar machines
or devices operated, maintained or used in any public or quasi-public
place or in any building, store or other place wherein the public
are invited or wherein the public may enter shall require a license
therefor for the placement and operation thereof.
No such license shall be issued to any person,
firm or corporation who shall have been convicted of a crime or a
violation of any Township ordinance involving gambling or moral turpitude.
In the event of the issuance of a license and the licensee to whom
it has been issued shall thereafter be convicted of a crime or a violation
of any Township ordinance involving gambling or moral turpitude, then
and in such event such license may, after the exercise of due process,
be revoked by action of the Township Committee.
The initial application for a license to place
or operate any type machine regulated by this article shall be made
on a form to be furnished by the Township Clerk, which form shall
include, but not be necessarily limited to, the appropriate answers
to the following:
A.
The name of applicant.
B.
The address of
applicant.
C.
The telephone
number of applicant.
D.
If an applicant
is a corporation, list the names and addresses of all stockholders,
directors and officers holding in excess of 10% of the corporate stock
of said corporation.
E.
The name and
address of registered agent of corporation and location of principal
office.
F.
The name and
address and home telephone number of the manager or other authorized
agent of the applicant who shall be in charge of or conducts the business
of the applicant.
G.
The type, manufacturer,
serial number and precise location of each machine described in this
article.
H.
The birth date
and social security number of each individual named in the application.
I.
The application
must state the total number of square feet of the premises in which
the machine or machines will be located and shall be accompanied by
a floor plan showing the location of each such machine or machines
to be placed in said premises. Excluded from the calculation of such
square footage shall be storage area, offices, kitchens, counter spaces,
walkways, alleys, drives, parking facilities or such other areas to
which the public has no access.
J.
The aforesaid
application shall be verified.
The fees hereinafter provided shall accompany
each application. In the event of a denial of an application, the
fee shall be returned to the applicant.
[Amended 9-13-1983 by Ord. No. 3660]
Prior to the issuance of a license, the Township
Clerk shall forward a copy of the application to the Chief of Police,
the Construction Code Official, the Fire Subcode Official and the
Fire Prevention Bureau for the purpose of having an investigation
made by said Chief of Police of the applicant and for the purpose
of having the Construction Code Official inspect the premises to determine
if they comply with all municipal ordinances, code and zoning requirements,
having the Fire Subcode Official and the Fire Prevention Bureau inspect
the premises to determine and then post the number of persons who
may be lawfully authorized on said premises and congregate around
each of said machines, and if said premises otherwise comply with
the Fire Prevention Code.[1]
Upon the expiration date of the initial license as hereinafter provided for, the license may be renewed by the filing of a renewal application form with the Township Clerk. Such renewal application shall require the same inspections as provided for in § 203-19 above.
[Amended 9-13-1983 by Ord. No. 3660]
Upon the return of the reports of the Chief
of Police, the Construction Code Official, the Fire Subcode Official
and the Fire Prevention Bureau showing favorable recommendations,
the Township Clerk is authorized to issue the required license or
licenses. In the event that the Township Clerk, based upon the reports
of said Chief of Police, the Construction Code Official, the Fire
Subcode Official and the Fire Prevention Bureau or for reasons determined
by said Township Clerk, denies the application, then and in that event
the rejected applicant may appeal such denial to the Township Committee,
provided that written notice of such appeal is filed not later than
10 days from the date of such denial.
[Amended 8-8-1989 by Ord. No. 4047]
The licenses provided for in this article shall
expire on the 31st day of December of the year in which issued.
A.
There shall be
and there is hereby created the following types of licenses:
[Amended 12-13-1988 by Ord. No. 3997; 12-14-1993 by Ord. No.
4282; 9-10-1996 by Ord. No. 4474; 9-10-2002 by Ord. No. 4745]
(1)
Distributor's
or owner's license. The fee for a distributor's or owner's license
shall be $325.
(2)
Machine or
game license. The fee for each machine or game license in any one
location up to a total of five shall be $250 each for a period of
one year or any part thereof; for all machines or game licenses in
any one location in excess of five and up to 15 (i.e., the next 10
machines or games), the fee shall be the sum of $125 each for the
same period as hereinabove stated. With respect to locations where
the combined number of video games, kiddy rides and pinball or other
nonvideo amusement devices exceeds 15, a flat additional license fee
of $325 shall be imposed, regardless of the number of devices exceeding
15. In determining which 15 devices shall constitute the first 15
for application of this section, video games shall be counted first.
B.
In the event
that a distributor desires to transfer any machine from one establishment
to another, such transfer is hereby authorized without the payment
of any additional fee; provided, however, that the distributor having
control of such machine or game advises the Township Clerk of the
new location and former location of each such machine so transferred.
No such game or machine regulated by this article
shall be placed, operated, maintained or used until the license herein
provided for has been issued. The license for each machine shall be
affixed in a prominent place on each such machine. In addition to
the license, there shall likewise be posted on each machine the name
and post office address of the licensee.
[Amended 9-13-1983 by Ord. No. 3660]
The ratio of machines to be allowed in any one establishment shall be and there is hereby authorized one machine for each 300 square feet, or major fraction thereof, of the gross floor area of each such establishment, calculated as set forth in § 203-17I hereof. A four-foot aisle shall be maintained between the exterior side of the machines and an eight-foot aisle between rows of machines and, further, no machine shall be placed within four feet of the entranceway or exit of said premises.
No license may be issued to any premises wherein
the installation, operation and use of the machines and games described
in this article are considered as the principal use of said premises.
It shall be the intention of this article that the license shall only
issue to such locations wherein the use, operation or maintenance
of said machines are considered as an accessory use.
No person shall use or permit to be used any
of such machines for the purpose of gambling.
[Added 9-13-1983 by Ord. No. 3660]
A.
No distributor or owner shall permit any person under 13 years of age to operate any of the machines described in § 203-15 of said article unless such person shall be accompanied by his parent, legal guardian or an adult member of his family.
B.
No distributor or owner shall permit the operation of any machine set forth in § 203-15 of this article by any person under the age of 16 years during normal school hours on school days or after 10:00 p.m. on the eve of school days unless likewise accompanied by his parent, legal guardian or an adult member of his family.
[Added 9-13-1983 by Ord. No. 3660]
No machine described in § 203-15 of this article shall be permitted on any premises located within 200 feet of any church or public schoolhouse or private schoolhouse, said distance to be measured in the normal way that a pedestrian would properly walk from the nearest entrance of said church or school to the nearest entrance of the premises sought to be licensed for the operation of said machines.
[Added 9-13-1983 by Ord. No. 3660]
[Added 9-18-1983 by Ord. No. 3660]
Any amusement machine complex in existence as
of the effective date of this article and for which permits have been
legally issued shall be allowed to continue in any zone notwithstanding
the provisions of this article as a nonconforming use.
Every license issued hereunder is subject to
revocation by the Township Clerk, should the licensed operator distribute
or operate any amusement or entertainment machine or device contrary
to the provisions of this article or any other law, ordinance, rule
or regulation or fail to cooperate fully with any enforcement officer
or agency. Any material misstatement or omission in the license application
or in any information submitted therewith or the failure to notify,
in writing, the Township Clerk of any changes by addition or deletion
or amendment to said application or information, during the term of
any license or renewal, shall constitute sufficient ground for revocation
of said license by the Township Clerk.
If the Chief of the Township of Union Police
Department shall have probable cause to believe any amusement or entertainment
machine or device is being used for gambling, such machine or device
may be temporarily seized by the Police Department and impounded and
may be considered as contraband by law.
[Added 6-26-1984 by Ord. No. 3731]
No machine regulated by this article shall be
authorized and no license therefor shall issue, if the type of said
machine has not been heretofore approved by the Director of the Division
of Alcoholic Beverage Control.[1]
[1]
Editor's Note: As to alcoholic beverages generally,
see Ch. 160.
[Amended 10-28-1986 by Ord. No. 3879; 12-13-1988 by Ord. No.
3998; 10-26-2004 by Ord. No. 4842; at time of adoption of Code (see
Ch. 1, General Provisions, Art. I)]
Any person, firm or corporation violating any
of the provisions of this article shall, upon conviction thereof,
be subject to one or more of the following: imprisonment in the county
jail or in any other place provided by the municipality for the detention
of prisoners for any term not exceeding 90 days or by a fine not exceeding
$2,000 or by a period of community service not exceeding 90 days,
to become effective on the effective date of this section.
