Township of Franklin, NJ
Somerset County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Council of the Township of Franklin 5-13-1993 by Ord. No. 1775 (Ch. 77 of the 1990 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Bingo and raffles — See Ch. 106.
Gambling — See Ch. 265.

§ 99-1 Definitions.

[Amended 10-28-1998 by Ord. No. 3014; 1-9-2001 by Ord. No. 3189]
As used in this chapter, the following terms shall have the meanings indicated:
AMUSEMENT OR ENTERTAINMENT MACHINE OR DEVICE
Any pool table, whether coin-operated or not coin-operated, and any machine, contrivance or device which, upon the insertion of a coin, slug, token, plate, disc or key into a slot, crevice or other opening, or by the public generally for use a game, score, and shall include without limitation, such device as marble machines, pinball machines, skill ball, mechanical games or video games, coin-operated pool table, bagatelle, mack table, Ballyhoo devices, high score table, and any and all operations, transactions, or mechanical devices similar thereto by whatever name they may be called.
GROSS FLOOR AREA
The sum of the area of all floors of buildings or structures.
NET FLOOR AREA
The gross floor area of the premises wherein the amusement machine or device is located, less deductions for counter space areas, storage areas, shelving areas, aisle areas, bathroom, areas of ingress and egress, areas of 192 square feet for non-coin-operated pool tables, office space and other areas which are not intended or held out for public use. The Division of Code Enforcement shall determine the maximum number of square feet in each prospective premises subject to this chapter.
OPERATOR
Any natural person, partnership, firm, association, corporation or any other business entity which owns or controls a premises or a location within the Township of Franklin in which any amusement or entertainment machine or device is displayed for public patronage or is placed or kept for operation by the public.
OWNER
Any natural persons, partnership, firm association, corporation or any other business entity which owns the amusement or entertainment machine or device licensed or sought to be licensed under the terms of this chapter.
PREMISES
The entire premises, including without limitation the gross floor area of all buildings, auxiliary buildings, structures, appurtenant structures and walks, alleys, drives and parking facilities wherein the amusement machine or device is located.

§ 99-2 Applicability.

[Amended 10-10-2000 by Ord. No. 3162]
The provisions herein set forth shall not apply to the residences of private persons to which the public is not admitted or to any duly incorporated church or society owned for charitable purposes or tax-exempt organizations if such church, society or tax-exempt organization is the owner of the device.

§ 99-3 Certification of premises for installation of devices.

[Amended 10-10-2000 by Ord. No. 3162]
Prior to the installation of amusement or entertainment machines or devices, the premises as described herein shall have been certified as eligible to permit such devices.

§ 99-4 Certification fee.

A certification fee of $150 shall be paid at the time of application for each premises to be certified. Certification shall be posted in a conspicuous place within the premises.

§ 99-5 Duration of certification.

Certification shall remain in effect as long as the use and net floor area of the premises remain the same. Any change in same shall result in the need for recertification.

§ 99-6 Number of machines per premises.

[Amended 1-9-2001 by Ord. No. 3189]
There shall be permitted not more than one amusement or entertainment machine or devices as defined in this chapter for each 150 square feet of net floor area as the same is defined herein, provided that under no circumstances shall the number of machines permitted exceed 30% of the net floor area of the licensed premises as defined herein. In the case of pool table or coin-operated pool table, there shall be permitted not more than one such pool table for each 192 square feet or net floor area. The Code Enforcement Official shall determine the maximum number of square feet in each prospective licensed premises which is subject to this chapter.

§ 99-7 Application information for certification of eligibility.

[Amended 12-10-2002 by Ord. No. 3339]
A. 
No premises shall operate or cause to be operated such amusement or entertainment machine or device within the Township of Franklin without first having obtained from the Township Clerk a certification of eligibility. The application for said certification shall state the following:
(1) 
The name and address of the premises to be certified.
(2) 
The name, home address, business address and telephone number of the manager or authorized agent of the operator as defined in § 99-1.
(3) 
A sketch or plan of the proposed operator's premises showing the net floor area as defined herein.
(4) 
A certification from the Division of Code Enforcement that the occupancy load of the operator's premises has been calculated and posted in accordance with the BOCA Construction Code.[1]
[1]
Editor's Note: See Ch. 146, Construction Codes, Uniform.
(5) 
A certification, under oath, by the applicant or its authorized representative that the information contained in the application and all attachments thereto are complete, accurate and truthful to the best of his knowledge and belief.
(6) 
Whether they have ever run this type of business before in Franklin Township or in any other municipality in the State of New Jersey.
(7) 
Proposed hours for the operation of the business associated with the amusement devices and the proposed hours of operation of the amusement devices. No amusement device shall be operated between the hours of 12:00 midnight and 9:00 a.m. No person under the age of 18 years of age shall be allowed to play or operate any amusement device during regular school hours of public schools of the Township of Franklin nor between the hours of 10:00 p.m. and 9:00 a.m., except that the hours of operation for devices located upon a premises licensed by the Alcoholic Beverage Control Division shall be consistent with the hours of operation established for such premises by municipal ordinance. Such hours of operations may be approved by the Chief of Police at the time of application approval.
(8) 
What will be sold on the premises in detail. The applicant must also explain how the devices will be monitored by the staff.
(9) 
A signed letter from the landlord stating that he or she is aware that amusement devices will be operating on the property.
(10) 
That the Franklin Township police have been advised prior to approval that the planned business will be operating amusement devices on the premises.
(11) 
What type of devices and how many devices are proposed to be maintained within the establishment, subject to the limitation on number of machines set forth in § 99-6 of this chapter and to the approval process set forth in § 99-8 of this chapter.[2]
[2]
Editor's Note: Original § 77-8, License fee; § 77-9, License fee due upon application; duration; § 77-10, Application materials, and § 77-11, Procedure for transfer of license, were deleted 8-10-1999 by Ord. No. 3061.
B. 
All applicants applying for an amusement device permit must go through a criminal background check. Conviction of a crime shall be the basis for denial of the amusement device permit.

§ 99-8 Inspection and investigation; reports.

[Added 12-10-2002 by Ord. No. 3339]
A. 
At the time of the application for certification of premises for installation of machines or devices, the Chief of Police or his designated representative shall make or cause to be made an inspection of the premises described in the application and shall attach to the application, upon completion of this inspection and investigation, a written report which shall state:
(1) 
The nature and type of machine or device;
(2) 
The place where or when it will be operated or maintained;
(3) 
The name of the proprietor of the store or premises at or in which the machine or device shall be operated or maintained;
(4) 
The name and address of the owner of the particular machine or device;
(5) 
The recommendations of the Chief of Police and other pertinent information the Chief of Police deems necessary.
(a) 
The Chief of Police or his designated representative shall file this report with the Township Clerk and file a copy with the Director of Fire Prevention and the Code Enforcement Officer and determine compliance with all other applicable laws or ordinances required to be enforced by the Police Department.
(b) 
The Chief of Police or his designated representative shall also cause a review to be made of the applicant's criminal record, if any, and shall note and report any violations of the Township's codes or conviction of a crime involving moral turpitude, sale or possession of drugs or gambling.
(c) 
During the time as the license is in effect, subsequent to the initial issuance of certification, the Chief of Police or his designated representative shall inspect the premises annually or upon receipt of a complaint.
B. 
At the time of the application for certification of premises, the Director of Fire Prevention or his/her designated representative shall make or cause to be made an inspection of the premises described in the application, with reference to fire safety generally and the requirements of this chapter in particular. He/she shall also determine compliance with all other applicable laws or ordinances required to be enforced by the Fire Prevention Department. Upon the completion of the inspection, the Director of the Fire Prevention Department or his/her designated representative shall issue a written report with all findings, violations of laws or ordinances, if any, and his/her recommendations and shall file said report with the Township Clerk and shall file a copy of said report with the Chief of Police and Code Enforcement Officer.
C. 
At the time of the application for certification of premises, the Construction Official or his/her designated representative shall inspect the proposed licensed premises and measure the proposed licensed premises and determine the net floor area in accordance with this chapter. Upon completion of this measurement, he/she shall issue a written report with his/hers findings, which shall include the maximum number of machines for which this premises shall be licensed, and shall file said report with the Township Clerk, Chief of Police and Director of Fire Prevention. He/she shall also determine compliance with this chapter and all other applicable laws or ordinances required to be enforced by the Division of Code Enforcement.
D. 
Upon completion of the aforementioned written reports of the Police Department, Fire Prevention Department and the Construction Official, the same shall be submitted to the Township Clerk, who shall determine that the following requirements have been met, and, if same have been met, he/she shall forthwith issue the certification. If the provisions of this chapter are not complied with, the Township Clerk shall deny the certification and notify the applicant by regular and certified mail. The applicant may appeal that denial to the Township Manager within 10 days of the receipt of the denial. Thereafter, the Township Manager shall grant a hearing to the applicant and afford him/her the right to submit relevant information on his/her own behalf. After the hearing, if the Township Manager finds the denial was improper, it shall direct the issuance of a license.

§ 99-9 Revocation of license.

[Amended 10-10-2000 by Ord. No. 3162]
A. 
Every certification 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 chapter or any other law, ordinance, rule or regulation or fail to cooperate fully with any enforcement officer or agency, upon 30 days' notice by regular mail and certified mail to owner and the owner/tenant of the licensed premises, with seizure by the Police Department for failure to comply.
B. 
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 information during the term of any license or renewal shall constitute sufficient grounds for revocation of said license by the Township Clerk.

§ 99-10 Seizure of machines used for gambling.

If the Chief of Police of the Township of Franklin 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.

§ 99-11 Violations and penalties.

Any person violating any of the provisions of this chapter shall be subject to the penalties as provided in Chapter 1, Article II, General Penalty. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues. In addition, the license issued may be suspended or revoked for a violation of any provision of this chapter.

§ 99-12 Construal.

It is the intention of the governing body of the Township of Franklin that this chapter be read in pari materia with all other applicable ordinances within the Township of Franklin that are not inconsistent with the provisions contained herein.