Unless it be otherwise expressly provided or there is something in the
subject or context repugnant to such construction, the following words and
phrases, when used in this chapter, shall have the meaning herein given to
them:
AMUSEMENT DEVICE
Include but shall not be limited to these devices commonly known
as "video games," pinball machines" and "mechanical amusement device" or similar
machine device or contrivance which, by means of the insertion of a coin,
token, slug, plate, disc or other article into a slot, crevice, opening or
attachment connected with or forming a part of any such device or contrivance,
activates the operation thereof for use as a game, entertainment or amusement,
whether or not registering a score. It shall include such devices known as
"video games," "pinball machines," "computer games" and all games, machines,
operations or transactions similar thereto, under whatever name they may be
indicated.
DISTRIBUTOR
Any person who leases or rents out or places under any kind or type
of arrangement one or more of the amusement device(s) designated in this chapter.
PERSON
Corporations, companies, associations, societies, firms, partnerships
and joint-stock companies as well as individuals, unless restricted by the
context to an individual as distinguished from a corporation.
PLACE OF PUBLIC AMUSEMENT
A place, structure and/or location where amusement device(s), as
used in this chapter, are located and operated.
Application for the appropriate license or an exemption therefrom shall
be submitted on the form supplied by the Zoning Officer and filed with the
Zoning Officer of the Township of Franklin, setting forth the complete information
required on each form.
Any premises which shall be determined by the Zoning Officer to be unsafe
as a place of public amusement and/or shall fail to meet the requirements
for issuance of certificate of occupancy shall be deemed to be ineligible
for a license, as set forth by a report of the Zoning Officer in writing.
The license or licenses herein provided for shall be posted permanently
and conspicuously at the place of public amusement in as close a proximity
to the amusement device(s) as practicable.
Said license may be suspended or revoked by the Township Committee for
violation of any of the terms and provisions of this chapter or for any other
just and good cause, provided that not less than five days' written notice
of hearing shall have been served upon the licensee, either in person or by
certified mail, return receipt requested, and after the licensee shall have
been afforded an opportunity to a public hearing before the Township Committee.
In the event that any license is suspended or revoked, the licensee
shall not be entitled to the return of any portion of the license fee.
The hours of operation of such licensed premises and amusement devices
shall not exceed the hours of 10:00 a.m. to 9:00 p.m. However, children under
the age of 16 years will be forbidden by the licensee, his agents, servants
or employees, to play any amusement device(s) between the hours of 10:00 a.m.
and 3:30 p.m. when public, private or parochial schools are in session.
No person shall be employed in the licensed premises in violation of
any state or federal statute, ordinance, rule or regulation.
No licensee, or any agent, servant or employee of a licensee, shall
allow or permit or cause to be allowed, suffered or permitted:
A. Any gambling in any form in or at the licensed premises.
B. Any intoxicated or disorderly person to be admitted to
the licensed premises or to remain therein, or the dispensation, consumption
or bringing on to the licensed premises of any alcoholic beverage (unless
said licensee possesses the applicable license pursuant to the New Jersey
Alcoholic Beverage Control Act) or controlled dangerous substance, as defined
at N.J.S.A. 2C:35-2.
C. Any loitering or congregating within the licensed premises
or on public or private property outside of and immediately adjacent to the
licensed premises, which shall be considered as conducting the business in
a disorderly manner.
D. Any entrance or exit to be locked during legal hours
of operation.
E. Any persons on the licensed premises, other than during
the hours set forth herein, excepting those directly operating or employed
in said licensed premises and the patrons thereof.
F. Any activity upon the licensed premises which is or may
be detrimental to the health, safety, welfare or morals.
G. Any person to cause noise or loudness of such nature
as to disturb the peace and quiet in, upon and around the licensed premises.
No place of public amusement licensed under the terms of this chapter
shall be operated unless there is in force a public liability insurance policy
to cover any injuries suffered as a result of the operation of the licensed
premises in the aggregate amount of not less than $500,000 and including a
clause to the effect that the policy cannot be cancelled during the license
year without notification being given to the Township Committee.
Application for the renewal of a license shall be made to the Zoning
Officer no later than January 1 of each year accompanied by the required annual
fee made payable to the Township of Franklin.
Any and all amusement devices and all places of public amusement, as
herein defined, presently in use or operation with proper Township authorization
and licenses at the time of the adoption of this chapter shall be permitted
to continue in said operation, provided that said licensee complies with all
applicable provisions of this chapter within 30 days of the adoption of this
chapter.
Any person found guilty of any violation of any provision of this chapter shall be subject to a penalty as provided in Chapter
1, Article
I, General Penalty, for each charge or offense. However, nothing herein contained shall prevent proceedings pursuant to this chapter to revoke or suspend any license. Each day that any such violation continues shall be deemed to constitute a separate and distinct violation of this chapter.