[HISTORY: Derived from Section 5-11 of the 1972 Revised General Ordinances, as amended through 10-1-1998. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Alcoholic beverages — See Ch. 55.
Fees — See Ch. 88.
Licensing provisions — See Ch. 112.
Outdoor shows — See Ch. 125.
As used in this chapter, the following terms shall have the meanings indicated:
COIN-OPERATED AMUSEMENT DEVICE (hereinafter "device")
Any automatic, mechanical or electronic amusement device, game or device of skill or entertainment, such as pinball machines, electronic games, bowling machines, mechanical game machines, ski ball machines, pokereno machines and commercial pool tables which is or are operated or set in motion by the deposit therein of any coin or coins, tokens or slugs, or the like thereof, or paper money, purchased for cash and including electronic video-type games or machines or similar devices that use a display screen for points, lines or dots of light that can be manipulated to simulate games or other types of entertainment. Excluded from this definition are music vending machines, commonly known as "jukeboxes."
OPERATOR
Any natural person, partnership, firm, association, corporation or any other business entity which owns or controls premises or a location within the Township in which any device is displayed or kept for use of play.
PERSON
Any natural person or any partnership, firm, association, corporation or other business entity.
No operation shall operate or permit the operation of such device unless a license is first obtained from the Township Clerk. A separate license for each device shall be obtained. Application shall be made on forms supplied by the Township Clerk, and in connection therewith, each applicant shall submit legal proof of ownership of the device or devices covered by the application as well as proof that the applicant is at least 18 years of age.
A. 
Any operator which owns or leases devices as defined in § 57-1 of this chapter and which is a nonprofit, charitable or religious organization is exempted from the payments of fees in connection with obtaining a license for said devices, but such organization shall not permanently maintain, place or install more than two devices in or about any single premises or location.
B. 
Excepted from the provisions of this chapter are a maximum of two devices located in private residences and utilized by the residents thereof and their social guests only.
If any device required to be licensed under this chapter is utilized for any illegal purposes, the same may be seized, impounded and destroyed if the licensee shall plead guilty or become convicted in connection with any criminal charge relating to the illegal use of such device.
A. 
Application information. In addition to the requirements set forth in § 112-2, said application shall state the following:
(1) 
Type of alcoholic beverages sold, if applicable;
(2) 
Number and type of devices sought to be licensed;
(3) 
Name and address of the persons from whom each such device is to be purchased, rented or otherwise obtained;
(4) 
Description of each device to be licensed, including for each device the name of the manufacturer, model number and serial number;
(5) 
Copies of agreements governing the acquisition and installation of said devices if leased, documents of title, if owned;
(6) 
Information indicating whether the distributor, the applicant or any person connected with the operation of the place of business wherein the device is to be installed has ever been convicted of any crime or convicted of the violation of any statute, ordinance or regulation pertaining to gambling or gaming in any jurisdiction, the nature of the offense and the punishment or penalty imposed;
(7) 
Any other information which the Township Council may deem necessary and proper for the full protection of the interests of the public in the application.
B. 
Processing of application. In addition to the investigation called for in § 112-3:
(1) 
Upon receipt of an application for issuance of a license under this chapter:
(a) 
The Chief of Police shall conduct an investigation into the nature of the devices sought to be licensed and the location at which such device is to be used.
(b) 
The fire subcode official shall inspect the premises wherein devices shall be located to determine whether said premises comply with existing fire regulations of the Township.
(c) 
The Chief of Police and Fire Chief shall inform the Township Clerk in writing within 30 days from the date of submission of the application of the results of their investigation and inspection.
(2) 
The Township Clerk shall submit the application together with the reports received from the Chief of Police and Chief of Fire Department to the Township Council for approval. If the Township Council finds that the application is not in accordance with the requirements of this chapter or if it determines that the installation of the devices at a particular location would be inimical to the public interest or would violate any ordinance, statute or regulation, it may deny the application, setting forth its reasons therefor in its resolution of denial; but no license shall be issued to any person who shall have been convicted in any jurisdiction of an offense which under the laws of New Jersey is denominated a misdemeanor or high misdemeanor.
A. 
The licensee shall at all times maintain good order upon the licensed premises and shall not permit, suffer or allow any disturbance, congestion or loitering upon the licensed premises.
B. 
The licensee shall not permit, suffer or allow any person to bid or gamble in any form or manner, nor permit any immoral or illegal conduct on the licensed premises.
C. 
No licensed premises shall be without adequate sanitary facilities or contain any fire, safety or health hazards.
D. 
Every device shall at all times be in clear view upon the premises wherein it is located.
E. 
No licensee shall refuse to cooperate fully with the Police Department and Fire Department, nor shall any licensee refuse access to its premises to the Police Department, Fire Department or health officials at any time during normal business hours or at any other reasonable hour.
[Amended 7-18-2000 by Ord. No. 2000-14]
F. 
No devices subject to this chapter may be operated within 500 feet of a school or house of worship.
G. 
No premises shall be issued licenses for a device unless such premises are either located in a zoning district where the use is permitted or said devices are presently being maintained therein as nonconforming uses.
H. 
No more than one automatic device shall be licensed under this charter for each 200 square feet of floor area.
[Amended 9-17-2002 by Ord. No. 2002-11]
A. 
Every license issued pursuant to the provisions of this chapter shall expire on June 30 of the year in which said license was issued.
B. 
Any increase in the number of machines located on the licensed premises during the licensed year shall be immediately reported to the Township Clerk and an additional fee shall be paid for each such additional machine.
C. 
Application for renewal of an existing license shall be made on or before June 1 of each year and the applicant shall certify that no changes have been made in the machines or number thereof, nor any change of circumstances or ownership, nor any change as to other matters set forth in the original application except as such changes are set forth in the renewal application. Said application shall list all changes or deviations of any matters set forth in the original application. The renewal application shall be accompanied by the required fee as set forth in Chapter 88, Fees.
Whenever the Township Council has reason to believe that a licensee has violated any provision of this chapter, it may hold a hearing for the purpose of receiving testimony concerning such alleged violation. The licensee shall be given at least 10 days' notice of the time and place of such hearing and public notice thereof shall be given by publishing a notice in the official newspaper of the municipality at least five days prior to the date of the hearing. If the Township Council is satisfied on the basis of the testimony and evidence adduced at the hearing that there has in fact been a violation of any provision of this chapter, it may either suspend the current license of the licensee for such period as it may determine or may revoke said license. Any operation by a licensee after a license has been revoked or any operation during a period when a license has been suspended shall also be considered a violation of this chapter.