Township of Delran, NJ
Burlington County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Council of the Township of Delran as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Fees — See Ch. 150.
Games of chance — See Ch. 176.
Licensing — See Ch. 203.
Noise — See Ch. 217.
Parks and playgrounds — See Ch. 231.
Peace and good order — See Ch. 235.
Poolrooms and billiards — See Ch. 246.
Sexually oriented businesses — See Ch. 285.
[Adopted by Ord. No. 1994-22 (Sec. 6-9 of the 1993 Revised General Ordinances)]
As used in this article, the following terms shall have the meanings indicated:
AMUSEMENT PARK; PARK
Any building, structure and/or any place of amusement operated upon a lot or plot of ground in the open air, permanent in its nature and operated by private enterprise for profit during the entire year or any part thereof, whether admission is charged to enter or not.[1]
GAME
Any game or amusement which is authorized under the provisions of the Amusement Games Licensing Law (Chapter 109, P.L. 1959),[2] except that there shall not be permitted a game of chance incorporating:
A. 
A laydown board marked in segments bearing numbers, games or symbols whereon the player or players place the entry fee as an indication of choice of expected winner.
B. 
Electrical push-button switches or similar devices situated or located at each segment on the board which enable any player to start or stop the game.
C. 
A moving indicator powered and driven by an electric motor which may be activated and deactivated by any player by means of the switches provided.
D. 
An arrangement of numbers, names or symbols corresponding to those on the laydown board to one of which the moving indicator points when it stops after exhausting its momentum following deactivation of the motor, generally knows as "stop and go game."
[1]
Editor's Note: Original Sec. 6-9.2, Designation of amusement park, which previously followed this section, was deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
[2]
Editor's Note: See N.J.S.A. 5:8-100 et seq.
It shall be unlawful for any person, firm or corporation to own or operate within this municipality any amusement game or games as said amusement game or games are of skill or chance, or both, and whether said amusement game or games are placed and operated with or without numbers, symbols or figures, without first having obtained a proper license from the Township Council of the Township of Delran. Said license shall be issued subject to the provisions of the Amusement Games Licensing Law (Chapter 109, P.L. 1959)[1] and the Revised Amusement Games Regulations, effective April 11, 1966, promulgated by the Office of Amusement Games Control, Department of Law and Public Safety of the State of New Jersey.
[1]
Editor's Note: See N.J.S.A. 5:8-100 et seq.
Each applicant for such a license shall file with the Township Clerk a written application in duplicate therefor. The application must be in the form prescribed by the Commissioner of Amusement Games Control and must comply with all the requirements as specifically set forth in Section 2 of Chapter 109 of the Public Laws of 1959[1] and any amendments and supplements thereto and any additional requirements as may be promulgated from time to time by the Amusement Games Control Commissioner of the State of New Jersey.
[1]
Editor's Note: See N.J.S.A. 5:8-101.
A. 
The Township Council may require any applicant or shareholder, director or officer of any applicant corporation to be fingerprinted as a condition to the issuance of the license or employment by a licensee.
B. 
Any fees for fingerprinting or any other investigation shall be paid for by the applicant.
C. 
Each employee of the licensee shall be issued an identification card.
A. 
Upon proof of compliance with all applicable requirements, the Township Council shall authorize the issuance of a license, by resolution, said license to be effective for a term of one year, commencing with the date of issuance and terminating on December 31 of each year. Said resolution shall specifically recite that the premises to be licensed is located in a recognized amusement park in the municipality. A certified copy of the resolution shall be transmitted, together with a copy of the application and license certificate issued, to the Commissioner of Amusement Games Control.
B. 
License certificate.
(1) 
Each license certificate shall be issued in triplicate, the original to be delivered to the applicant, with one copy to the Commissioner, as aforesaid, and the additional copy to be retained by the Township Clerk.
(2) 
Each license certificate shall indicate:
(a) 
The name of the licensee.
(b) 
The address of the licensed premises.
(c) 
The name or description of the kind of game licensed.
(d) 
The amount of fee paid.
(e) 
A statement of the dates between which and the hours between which such game may be conducted.
(3) 
The license certificate shall be in the form prescribed by the Commissioner of Amusement.
C. 
Each license shall be conspicuously displayed at the place or places where the game is to be conducted at all times during the conduct thereof.
The Township expressly reserves the right to license amusement games other than the ones described herein and to establish fees therefor for the use in the area designated in accordance with the requirements set forth in this article. The games hereinafter licensed shall be incorporated herein by reference thereto.
A. 
No application for the issuance of a license shall be refused by the Township Council until after a hearing is held on due notice to the applicant, at which the applicant shall be entitled to be heard upon the qualifications of the applicant and the merits of the application.
B. 
Any license issued under this article may be amended, upon application made to the Township Council, if the subject matter of the proposed amendment could lawfully and properly have been included in the original license and upon payment of such additional license fee, if any, as would have been payable, if it had been so included.
C. 
No license issued pursuant to this article shall become operative unless and until the licensee named therein shall have procured a state license from the Commissioner of Amusement Games Control.
A. 
The Township Council shall have and exercise control and supervision over all amusement games held, operated or conducted under such license with all the powers authorized or granted to it under said Amusement Games Licensing Law[1] and all amendments and supplements thereto.
[1]
Editor's Note: See N.J.S.A. 5:8-100 et seq.
B. 
The Chief of Police of the Township may inspect or cause to be inspected any place or building in which amusement games or services are operating.
C. 
Amusement games and devices shall be kept and placed in plain view of any person or persons who may frequent and be in any place or place of business where such devices or games are used and licensed.
D. 
Nothing in this article shall be construed to authorize or license any gambling device or game not specifically permitted by the laws of New Jersey.
E. 
No gambling between participants in any amusement games or the users of any amusement devices shall be permitted at any time.
Any person, association or corporation who or which shall make any false statement in any application for such license or shall fail to keep such adequate and proper books and records as shall fully and truly record all transactions connected with the holding, operating or conducting of amusement games under such license or shall falsify or make any false entry in any books or records so far as they relate to any transaction connected with the holding, operating and conducting of any amusement game under any such license or shall violate any of the provisions of this article or the Amusement Games Licensing Law (Chapter 109, P.L. 1959)[1] or of any of the terms of such license, shall be a disorderly person; and, if convicted as such, shall, in addition to suffering any other penalties which may be imposed, forfeit any license issued to it under this article.
[1]
Editor's Note: See N.J.S.A. 5:8-100 et seq.
A. 
There shall be issued to an applicant who shall qualify a separate license for each place at which the licensee is authorized to hold, operate and conduct such games. The annual license fee for each such place shall be the sum of $100.
B. 
A separate license shall be issued for each specific kind of game authorized to be held, operated and conducted on the licensed premises by the licensee. The license fee for each specific kind of game under each certification, as provided for pursuant to N.J.A.C. 13:3-7.9, shall be as follows:
(1) 
Games permitted under Category and Certification No. 1:
Game
Fee
Balloon game
$100
Barrel game
$100
Basketball game
$100
Bear pitch game
$100
Break the dish game
$100
Bullpen ball game
$100
Cigarette cork rifle game
$100
Cigarette dart game
$100
Cigarette toss game
$100
Dart game
$100
Dodgem game
$100
Glass pitch game
$100
Hoopla game
$100
Mammy doll game
$100
Milk bottle game
$100
Milk can game
$100
Over and under game
$100
Penny pitch game
$100
Pig slide game
$100
Ping pong game
$100
Ring toss game
$100
Shooting gallery game
$100
Stuffed cat game
$100
Other similar games
$100
(2) 
Games permitted under Category and Certification No. 2:
Arcade Game
Fee
Baseball machine
$100
Basketball machine
$100
Bouncing ball machine
$100
Bowling machine
$100
Crane machine
$100
Dexterity tester machine
$100
Digger machine
$100
Football machine
$100
Golf machine
$100
Gun machine
$100
Hockey machine
$100
Intelligence tester machine
$100
Pinball machine
$100
Pokerino machine
$100
Pool table machine
$100
Pusher machine
$100
Roll down machine
$100
Rotary arm machine
$100
Shooting machine
$100
Shuffle alley machine
$100
Skee ball machine
$100
Skill tester machine
$100
Strength tester machine
$100
Other similar games
$100
(3) 
Games permitted under Category and Certification No. 3:
Nondraw Raffle Game
Fee
Duck pond game
$100
Fish pond game
$100
Grab-bag game
$100
Pick-the-stick game
$100
Other similar games
$100
(4) 
Games permitted under Category and Certification No. 4:
Competitive Game
Fee
Bowlo game
$100
Greyhound game
$100
Water gun game
$100
Other similar games
$100
(5) 
Games permitted under Category and Certification No. 6:
Guessing Game
Fee
Guess your age game
$100
Guess your weight game
$100
Other similar games
$100
(6) 
Games permitted under Category and Certification No. 7:
Game
Fee
Ring the bell game
$100
High striker game
$100
Other similar games
$100
(7) 
Games permitted under Category and Certification No. 8:
Miscellaneous Skill Game
Fee
Log roll and rope climb
$100
Other similar games
$100
C. 
The required fee, which shall be an annual fee without proration, shall accompany the license application. In the event that the license is denied or the application therefor is withdrawn, the Township shall retain 25% of the application fee as an investigation fee, and the balance shall be returned to the applicant.
D. 
The Township Council expressly reserves the right to license amusement games other than the ones described and to establish fees therefor for the use in the area designated in accordance with the requirements set forth herein. The games hereinafter licensed shall be incorporated herein by reference thereto.
A. 
The provisions of this article shall not apply to any carnival, fair or other activity held on an annual basis by a nonprofit group or organization wherein amusement devices, structures or rides are installed or used on a temporary basis.
B. 
Exempt organizations. Baseball, football and basketball games, entertainments or lecture courses by civic bodies and fire companies of the Township and entertainments or lecture courses, the expense of which are guaranteed by residents of the Township, are exempt from the requirements of this article.
C. 
Charitable or religious organizations. This article shall not apply to any of the amusements enumerated when the net proceeds are for the benefit of any charitable or religious organization located within the Township or when given by the pupils of any school in the Township, the proceeds of which are to be used for educational purposes.
All licenses issued under this article shall expire on December 31 of each year.
Any person, firm or corporation violating any of the provisions of this article shall be subject to a penalty as set forth in § 1-5, Violations and penalties, of this Code. The same shall be in addition to the powers of suspension or revocation of any such license as provided for herein.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
[Adopted as Sec. 6-11 of the 1993 Revised General Ordinances]
As used in this article, the following terms shall have the meanings indicated:
AMUSEMENT CENTER
Any business or establishment having more than six automatic amusement devices shall be classified as an "amusement center," with corresponding fees and regulations.
AUTOMATIC AMUSEMENT DEVICE
Any machine which, upon insertion of a coin, slug, token plate or disc, may be operated by the public for use as a game, entertainment or amusement, whether or not registering a score. Automatic amusement devices shall include, but are not limited to, such devices as marble machines, pinball machines, skill ball, mechanical grab machines, video games and all games, operations or transactions similar thereto, under whatever name they may be indicated.
DISTRIBUTOR
Any person who supplies any automatic amusement device to another for use in his or her premises, whether under sale, lease or any similar arrangement.
OPERATOR
Any person in whose premises, either owned or leased, any automatic amusement device is placed or kept for operation.
The purpose of this article is to license, regulate and control those automatic amusement devices which are operated for the purpose of making a profit. The objective of this article is to regulate the business of amusement devices so as to prevent nuisances to patrons and the public, fire hazards from overcrowding, poor ingress and egress at premises where amusement devices are located and to prevent gambling, loitering or the creation of an unhealthy atmosphere for the youth of the community, or other foreseeable undesirable effects of such devices.
No person shall maintain, operate or possess in any store, building or other place where individuals may enter, or wherein any club or organization meetings are held, any automatic amusement devices without first obtaining a license for each such machine or device.
A. 
To whom made. All applications for a license under this article shall be made and delivered to the Township Clerk, on forms to be supplied for the purpose and shall be subscribed and sworn to by the applicant.
B. 
Contents. The application for the license shall contain, in addition to the requirements of Chapter 203, Licensing, the following:
(1) 
Name under which the place is being operated.
(2) 
Number and type of alcoholic beverage license, where applicable.
(3) 
Number and type of machines sought to be licensed.
(4) 
Two copies of a site plan, of at least 1/4 inch equals one foot scale.
(5) 
Name and address of each person from whom each device is to be purchased, rented or otherwise obtained.
(6) 
A description of each automatic amusement device sought to be licensed, including for each device the name of the manufacturer, model number and serial number.
(7) 
The terms of the agreement governing the acquisition and installation of each automatic amusement device.
(8) 
Information indicating whether the distributor, the applicant or any person connected with the operation of the place wherein the game or device is to be installed has ever been convicted of any crime or found guilty of the violation of any ordinance pertaining to gambling or gaming.
(9) 
Any other information which the Construction Official, Police Chief or appropriate subcode officials may deem reasonably necessary and proper for the full protection of the interest of the patrons or the public in the application.
C. 
Application for more than six machines. If the applicant requests a license for more than six machines for any one location, he or she shall provide the following:
(1) 
A minimum of one on-site, off-street parking space for each amusement machine or device requested.
(2) 
A uniformed security guard and at least two full-time supervisory personnel, who shall be on the premises at all times during the hours of operation.
(3) 
The applicant shall submit plans to the Construction Official or other designated Township official demonstrating that the building or place where the machine is to be located is properly insulated to prevent noise of both the patrons and the machines from entering or disturbing occupants of adjacent buildings. Furthermore, he or she shall submit proof that the location will conform to all noise level regulations.[1]
[1]
Editor's Note: See also Ch. 217, Noise.
D. 
Fee. All applications shall be accompanied by the appropriate fee.
The Chief of Police, or his or her designee, may make an investigation of the premises and the applicant to determine the truth of the facts set forth in the application. The Construction Official, or his or her designee, may inspect the premises to determine whether such premises complies with existing building regulations of the Township. The Chief of Police and the Construction Official, upon completion of their inspections, may attach to the application their reports. Upon receipt of the application and inspection reports, if any, the Council shall proceed to consider the same and shall either approve or disapprove the issuance of the license to the applicant. If the applicant is approved, the Township Clerk shall issue the necessary licenses.
A. 
No more than two machines or devices shall be licensed or operated within the first 200 square feet of public floor space of any one place of business. A license may be issued for additional machines or devices for every additional 50 square feet of public floor space, or four times the area of the machine, whichever is greater. Music machines, or jukeboxes, shall not be counted in the determination of the original two machines or devices.
B. 
The following rules shall govern the location within all business premises of automatic amusement devices:
(1) 
Each device shall be located at least 10 feet from the entranceway to the premises in which located and placed so that it does not obstruct or interfere with the free and unobstructed passage to and from the premises of patrons or users of the premises.
(2) 
Each device shall have an unobstructed perimeter zone or distance of four feet around the sides of the three linear borders of each device wherein the users of such device may use, watch or wait to use the device. The area which is required hereunder for each such machine shall not be encroached upon by the area of any other machine. It is the intent of this section that, for purposes of preventing overcrowding and assuring safe passage of the general public, each machine shall have its own unobstructed perimeter zone.
(3) 
All machines shall be visible from the street or outside the premises.
(4) 
The licensee, at all times, shall control the sound so as not to cause disturbance or nuisance to others in the vicinity of the machines. The licensee shall, at all times, place each machine so that the part of the machine from which the sound emits shall not be within five feet of the front entrance of the place of business.
C. 
No machine located on a second floor or below ground level shall be licensed.
D. 
A license for six or more machines in any one location shall not be granted if the location is in a residential zone or within 1,000 feet of:
(1) 
A public school giving instructions at least five days per week, holidays excepted, for eight or more months per year.
(2) 
A church or any house of worship of any religious faith.
(3) 
A nursing home or rest home.
The fees for all licenses or applications required by this article shall be as set forth in § 150-3A.
A. 
All licenses issued under this article shall be for a term of one year, commencing on May 1 and expiring on April 30 of the following year.
B. 
A license shall be renewed by submission of an application to the Township Clerk no later than November 1 pursuant to §§ 76-17 and 76-20.
C. 
A license may not be transferred from one machine to another.
Such pinball games or other mechanical or amusement devices of any kind or nature shall be used for amusement purposes only. No such pinball game or other mechanical or amusement device of any kind or nature shall be used in connection with gaming, lottery, or any other unlawful activity.
The license for each device or machine shall be posted on the machine or device in a visible location, or in such other visible manner approved by the Construction Official. Such license shall contain the name of the manufacturer, the model number and serial number for the machine or device issued.
Any time after the granting of a license, the Council may revoke such license or licenses if, after a hearing, it finds:
A. 
Gambling on the premises.
B. 
False or incorrect information on the application furnished by the applicant.
C. 
Failure to maintain good and safe conduct on the premises.
D. 
Violation of the laws of the State of New Jersey or of this article or other ordinances of the Township.
E. 
The presence of the machine or device results in gambling, obscene or loud language disturbing, or likely to disturb, the public or other patrons of the premises or results in creating a nuisance, excessive noise, litter, traffic or rowdyism by the patrons.