[HISTORY: Adopted by the Township Committee
of the Township of Kingwood as indicated in article histories. Amendments
noted where applicable.]
[Adopted 10-11-1961]
The following definitions shall be ascribed
to the terms and phrases specified hereinafter:
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.[1]
The contrivance commonly known as a "jukebox" 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.
[1]
Editor's Note: The former definition of "cigar vending machine
and cigarette vending machine," which immediately preceded this definition,
was repealed 3-18-1996 by Ord. No. 9-5-56.
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.
A.
Application for the license prescribed by this article
shall be made to the Township Clerk upon appropriate forms supplied
by the Clerk.
B.
The application shall be executed in duplicate and
shall contain the following information:
(1)
The full name and address of the applicant, together
with the date and place of birth, if applicable.
(2)
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.
(3)
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.
C.
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.
[Amended 11-4-2021 by Ord. No. 21-20-2021]
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 $25 per unit.
A.
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.
B.
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.
C.
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.
A.
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.
B.
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; 11-4-2021 by Ord. No. 21-20-2021]
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 by Ord. No. 9-5-96[1]]
[1]
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:
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.
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.
[Amended 11-4-2021 by Ord. No. 21-20-2021]
Any person, firm, corporation or association violating this article shall be subject to the penalty provisions in Chapter 1, General Provisions, Article II, General Penalties, of the Township Code. 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.
