[HISTORY: Adopted by the Township Committee of the Township of Kingwood: Art. I, 10-11-1961; Art. II, 3-18-1996 as Ord. No. 9-5-56. Sections 54-4C and 54-9 amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Other amendments noted where applicable.]
Games of chance — See Ch. 80.
Article I General Provisions
Article II Tobacco Vending Machines
The following definitions shall be ascribed to the terms and phrases specified hereinafter:
[Repealed 3-18-1996 by Ord. No. 9-5-56]
- MECHANICAL AMUSEMENT DEVICE
- Any machine or contrivance which, upon the insertion of a coin, slug, token, plate or key of any nature, may be operated by the general public as a game, entertainment or amusement, whether or not such machine or contrivance registers scores or tallies of any kind. The term shall include such devices as are commonly known as "marble machines," "pinball machines," "Skill Ball," "mechanical grab machines" and all other similar games, operations and transactions under whatever name or guise they may be indicated.
- MUSIC VENDING MACHINE
- The contrivance commonly known as a "juke box" and any machine or contrivance which, upon the insertion of a coin, slug, token, plate or key or any nature into any slot, crevice or other opening, emits songs, music or other entertainment.
- Any individual, partnership, firm, corporation or association of any nature.
Nothing in this Article shall in any way be construed to authorize, license or permit any gambling devices whatsoever or the use of any machine or device specified hereinbefore for gambling purposes.
[Amended 3-18-1996 by Ord. No. 9-5-56]
Any person who maintains or displays for public patronage any music vending machine, commonly known as a "jukebox," or any mechanical amusement device, as hereinbefore defined, shall be required to obtain a license from the Township of Kingwood upon the payment of an appropriate fee.
Application for the license prescribed by this Article shall be made to the Township Clerk upon appropriate forms supplied by the Clerk.
The application shall be executed in duplicate and shall contain the following information:
The full name and address of the applicant, together with the date and place of birth, if applicable.
The address of the place where the machine or device is to be displayed or operated, together with a statement as to the type of business conducted at the premises in question.
A description of the machine to be covered by the license for which application is made, which shall include the name of the manufacturer and serial number, if any.
No license shall be issued to any person who is less than 18 years of age.
[Amended 3-16-1979 by Ord. No. 4-7-79]
A copy of the application shall be referred immediately to the Chief of Police, who shall forthwith determine the suitability of the premises wherein the machine or device will be operated and whether the applicant is of good repute and character, whereupon the Chief of Police or his authorized representative may approve or disapprove the application, depending on the circumstances.
Prior to the issuance of any license authorized by this Article, the following annual fee shall be paid for the particular license indicated: fee shall be $10 per unit.
Any license granted pursuant to the authority of this Article shall be posted permanently and conspicuously at the location of the machine or device in the premises wherein it is to be operated.
Such license may be transferred from one machine or device to another similar machine upon application to the Township Clerk to such effect and the giving of a description and the serial number of the new machine or device. Not more than one machine shall be operated under one license, and the applicant or licensee shall be required to secure a license for each and every machine displayed or operated by him/her.
If the licensee shall move his place of business to another location within the Township of Kingwood, the license may be transferred to such new location upon application to the Township Clerk, giving the street and number of the new location. The new location shall be approved by the Chief of Police in the same manner as provided in § 54-5 of this Article.
Every license issued pursuant to the authorization of this Article shall be subject to revocation in the event that the licensee shall, directly or indirectly, permit the operation of any machine or device contrary to the provisions of this Article and other ordinances of the Township of Kingwood or the laws of New Jersey.
Upon presentation by the Chief of Police of a specific complaint to the governing body, the Clerk thereof shall forthwith serve the licensee concerned with a written notice, which notice shall detail the specific ordinance or law of New Jersey allegedly violated by the licensee. The said notice shall also set a date for a public hearing on the charge or charges indicated; provided, however, that such date shall be at least 10 days after the service of the written notice. If at the conclusion of such public hearing a majority of a quorum of the governing body shall find the particular licensee guilty, his license may, in the discretion of the governing body, be revoked; or in lieu of such revocation, the governing body may choose to suspend the license for such period of time as it may prescribe.
[Amended 3-16-1979 by Ord. No. 4-7-79]
Any person violating any provision of this Article shall be subject to a fine not exceeding $500 or imprisonment for a term not exceeding 90 days, or both.
This Article is enacted for the regulation and control of music vending machines and mechanical amusement devices in the Township of Kingwood.
[Adopted 3-18-1996 as Ord. No. 9-5-96]
Editor's Note: This ordinance also provided that the provisions of this ordinance shall be enforced by the Hunterdon County Department of Health, Kingwood Township Code Enforcement Official and/or any police officer.
As used in this Article, the following terms shall have the meanings indicated:
- TOBACCO PRODUCT
- Any product made from the tobacco plant or containing tobacco leaf, for the purpose of smoking, chewing, inhaling or other personal use, including but not limited to cigarettes, cigars, pipe tobacco, chewing tobacco, snuff and dipping tobacco.
- TOBACCO VENDING MACHINE
- Any mechanical, electrical or electronic self-service device, which, upon insertion of moneys, token or any other form of payment, dispenses tobacco or tobacco products, either exclusively or as one kind of an available item.
In view of the indiscriminate sales of tobacco products to minors through tobacco vending machines, all tobacco vending machines are hereby prohibited in the Township of Kingwood. It shall be unlawful for any person, firm, corporation or association to possess, own, operate, rent or permit the use of or operation of a tobacco vending machine in, on or about the premises under his or her ownership, control or management or to sell or offer to sell any tobacco product through a tobacco vending machine in the Township of Kingwood.
Any person, firm, corporation or association violating this Article shall be subject to a fine of $250 for the first violation and $250 and such other fines and penalties within the discretion of the court for second and subsequent violations. Each day on which such machine shall be owned, operated, rented or permitted on the premises of the person, firm, corporation or association shall be deemed a separate violation and shall be subject to an additional fine as herein set forth.