[HISTORY: Adopted by the Mayor and Council of the Borough of Maywood:
Art. I, 11-21-72;[1] Art. II, 12-15-81 as Ord. No. 819. Sections 114-4A,
114-6, 114-10C and E(6) and 114-15 amended at time of adoption of Code; see
Ch. 1, General Provisions, Art I. Other amendments noted where applicable.]
[1]
Editor's Note: The provisions of this Article are derived from
Ch. 4. Art. 2, of the former Revised Ordinances, adopted 11-21-72 as Ord.
No. 659.
[Adopted 11-21-72]
No person shall have, keep, own, maintain or use within the limits of
the borough any billiard or pool rooms or bowling alleys as a business or
for profit of any kind unless a license is first obtained as hereinafter provided
in this Article.
A.
Application for a license shall be made to the Borough
Clerk on forms supplied by such Clerk. Each application shall state:
(1)
The name of the applicant if an individual, the names
of the officers if a corporation and the names of the partners if a partnership.
(3)
A description of the business to be licensed. If a billiard
or pool room, the number of tables to be used; if a bowling alley, the number
of alleys to be operated.
(4)
A description of the building to be used.
Before any new license shall be granted for any such poolroom, billiard
room or bowling alley, the applicant for such license shall produce, in writing,
the written consent of all of the property owners within a radius of 200 feet
in each direction from such poolroom, billiard room or bowling alley.
A.
Each licensee shall display his license in a prominent
and conspicuous portion of the premises in which the business is conducted.
B.
The entire interior of the room or place in which the
business is conducted shall be open at all times to full public inspection
by the Chief of Police or other public officer of the borough.
C.
No person under the age of 16 years shall be permitted
to play pool or billiards in any place licensed pursuant to the terms of this
Article.
D.
No games of chance, gaming, gambling, playing for money
among contestants or any other such practices shall be permitted in any place
licensed under this Article.
E.
It shall be unlawful to permit or allow any such poolroom,
billiard room or bowling alley to be open between 12:00 midnight and 9:00
a.m. or on Sunday.
Any person who violates any provision of this Article shall, upon conviction
thereof, be punished by a fine not exceeding $1,000 or by imprisonment for
a term not exceeding 90 days, or both.
[Adopted 12-15-81 as Ord. No. 819]
Unless it appears otherwise from the context of this Article, the following
words shall have the definitions set forth below:
Any machine or video display device, including types commonly known
as "bagatelle," "baseball," "pinball" or "electronic video games," or similar
machines or devices operated by the public generally for use as a game, entertainment
or amusement, whether or not registering a score, where such games, machines
or devuces are used in any public place, which machines become operational
upon insertion of a coin, slug, token, plate or disc.
That certificate or evidence of approval issued by the Borough of
Maywood in accordance with this Article.
Any person, partnership, firm, corporation, association or business
entity.
This Article is designed to license, regulate and control automatic
amusement games which are operated by public establishments in the Borough
of Maywood so as to prevent nuisances to patrons and the public which may
arise from the use of such games. The nuisances sought to be avoided include
but are not limited to fire hazards, interference with ingress or egress on
premises where amusement games are located, violations of the gaming laws
of the state, loitering, shoplifting and trespassing.
No person shall maintain or operate an automatic amusement game without
first obtaining a license therefor as set forth in this Article. A separate
license shall be required for each automatic amusement game.
A.
General requirements. Any person wishing to maintain
or operate an automatic amusement game shall make application to the Borough
Clerk on such form as will be provided by said Borough Clerk. A separate form
shall be filed for each game.
B.
Types of licenses. In accordance with the standards hereinafter
set forth, each separate game may be granted a conditional or temporary license
for a term of six months, after which time a public hearing will be held upon
the question of the issuance of a permanent or plenary license. If said permanent
or plenary license is granted at the conclusion of the public hearing, such
license shall be renewable annually without further public hearing, except
as hereinafter set forth.
C.
Fees. Upon application for an automatic amusement game license, the person so applying shall tender a fee in the amount set forth in Chapter 169, Fees, which fee may be applied against the cost of investigation and processing of the temporary or conditional license. In the event that a permanent license is issued, the applicant shall tender a pro rata fee for the remainder of the current calendar year based upon an annual fee as set forth in Chapter 169, Fees. Thereafter the annual fee for each automatic amusement game shall be as set forth in Chapter 169, Fees.[1]
D.
Form of application. The Borough Clerk shall maintain
forms for applicants for licenses for automatic amusement games, which forms
shall contain the following requests for information:
(1)
The name and residence or business address of the applicant.
(2)
The location of the premises in which the game is to
be installed.
(3)
The type of business conducted at the location.
(4)
The name and address of the distributor or supplier of
the automatic amusement game.
(5)
The status of the applicant, i.e., owner of the premises,
lessee or supplier.
(7)
The proposed location of the automatic amusement game
within the premises. The applicant shall include a sketch or drawing of the
premises for clarity.
(8)
If the applicant is a distributor or supplier of such
games. the applicant shall specifically represent that the owner or lessee
who actually operates the premises has consented to the placement of the device
on such premises.
E.
Procedure upon application for license.
(1)
Upon receipt of the application and fee, the Borough
Clerk shall refer the matter to the Chief of Police, who shall conduct an
investigation of the facts stated in the application, together with an inspection
of the premises in which the game is to be located. The Chief shall thereafter,
within 14 days of the referral, return the application, together with his
report thereon, which shall have his recommendation relative thereto. If the
Chief of Police recommends disapproval of the application, he shall specifically
set forth his reasons for disapproval. The Chief's recommendation shall
be specifically limited in the following respects:
(a)
That the applicant has made a misstatement of fact on
the face of the application.
(b)
That the presence of the games on the premises will present
the Police Department with an identifiable difficulty in law enforcement.
(c)
That the location of the device or game presents a hazard
to the safety of patrons of the establishment in which the game or device
is to be placed.
(d)
That violations of law have occurred at the premises
or that persons associated with the operation of the premises have been convicted
of violations of the gaming laws.
(2)
In addition to referring the application to the Chief
of Police, the Borough Clerk shall confer with the Zoning Enforcement Officer
of the borough to determine whether or not the premises are currently in violation
of any of the Zoning, Building or Fire Prevention Ordinances of the borough[3] or if the placement of the games will cause the building to be
in violation of such ordinances. The Borough Clerk shall report the results
of her (his) findings to the Mayor and Council in writing.
(3)
Upon receipt of the report of the Chief of Police and
the Borough Clerk, the Mayor and Council shall either approve or disapprove
the issuance of a temporary or conditional license to the applicant. In determining
approval or disapproval, the Mayor and Council shall consider solely the facts
stated in the application, together with the report of the Chief of Police
and Borough Clerk, and may disapprove the application only upon a showing
of one of the following circumstances:
(a)
That the applicant has made a misrepresentation of fact
on the application.
(b)
That the applicant has been convicted of a violation
of the gaming laws of the State of New Jersey within two years of the date
of the application.
(c)
That the Chief of Police has presented satisfactory evidence
indicating a valid identifiable law enforcement problem associated with the
placement of the game on the premises in question.
(d)
That the premises in which the game is to be placed does
not or will not comply with the Building, Zoning or Fire Prevention Ordinances
of the borough.
(4)
If the application for a license is approved as set forth
above, the Mayor and Council shall cause the Borough Clerk to issue a temporary
license upon the form to be provided by the office of the Borough Clerk, which
license shall be in force and effect for a period of six months from the date
of issuance, which period shall be clearly stated upon the face of the license.
The face of the temporary license shall include the following information:
(a)
The name and address of the licensee.
(b)
The address of the premises in which the automatic amusement
game is to be located.
(c)
The term of the license.
(d)
The signature of the Borough Clerk, together with the
Borough Seal.
(e)
A brief statement that the machine or gaming device has
been licensed for operation by the borough.
(5)
Issuance of permanent license.
(a)
Not later than 30 days prior to the expiration of the
temporary license, the Borough Clerk shall set a time and date for a public
hearing on the issuance of a permanent license for the automatic amusement
game, which public hearing shall take place not later than two weeks prior
to the expiration date of the temporary license.
(b)
Notice.
[1]
The Borough Clerk shall then cause to be published, in
a newspaper of general circulation within the borough, the following public
notice:
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PUBLIC HEARING. Please take notice that on (date) at (time) at the Council
Chambers at 459 Maywood Avenue, Maywood, New Jersey, the Mayor and Council
shall conduct a public hearing on the question of whether or not a permanent
license shall be issued for the operation of an automatic amusement game at
premises at (insert name and address of premises). All persons wishing to
be heard on the question are urged to attend.
| |
|---|---|
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(Name of Borough Clerk)
Maywood Borough Clerk
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[2]
The applicant shall be sent a copy of the notice submitted
for publication, which copy shall serve as notification of the hearing to
the applicant. In addition, a copy of such notice shall be posted at a conspicuous
location in or near the office of the Borough Clerk.
(c)
At the time, date and place of the hearing, the Mayor
or his designated representative shall permit all interested parties to be
heard on the question of the issuance of a permanent license. The applicant
shall have the right to be heard at the hearing and may dispute any allegations
made by the public at the hearing. Immediately after the hearing, the Mayor
and Council shall consider the question of the issuance of a permanent license,
which license shall be immediately approved or disapproved. Disapproval shall
be made only upon the showing of one or more of the following circumstances:
[1]
That a false statement was made upon the initial application
for the license.
[2]
That the operation of the amusement game has caused an
identifiable public nuisance on or near the premises. Such public nuisance
shall include fire, safety or health hazards, dangerous conditions relative
to ingress or egress from the premises, trespasses or property damage occurring
in or near the premises as a result of the operation of the machine, loitering,
violation of Firesafety Ordinances of the borough[4] or promotion of the violation of the gaming laws of the State
of New Jersey.
[3]
That the applicant or any of his employees has been convicted
of a violation of the gaming laws of the State of New Jersey.
[4]
That the premises currently violate applicable fire laws,
rules and regulations.
[5]
That the premises currently violate the Building or Zoning
Ordinances of the borough.
(d)
If the Mayor and Council approves the application, it
shall immediately cause the Borough Clerk to issue a permanent license for
the automatic amusement game, which shall contain the same information as
contained in the temporary license, except that the expiration date shall
be December 31 of the current year in which the hearing took place.
(6)
Permanent licenses are renewable annually and shall be for a term of one year commencing January 1, and such licenses shall be renewed immediately upon the tendering of an annual fee, in the amount set forth in Chapter 169, Fees, to the Borough Clerk, together with a statement that no facts or circumstances set forth in the original application have been changed or altered whatsoever. In the event that a change has occurred, the applicant shall set forth the details of such change, and the matter shall be referred to the Borough Council, which may either approve the renewal notwithstanding such change or require clarification or public hearing as set forth above.[5]
The license for each automatic amusement game shall be affixed to such
game in a conspicuous place so that it shall be easily and quickly identified.
The game shall not be operated until said license shall be affixed thereto
in accordance with this section.
The license issued pursuant to this Article shall attach to the premises,
and therefore may not be transferred from one location to another. However,
in the event that ownership of the premises shall be transferred or in the
event that the lessee operator of the premises shall change, the license shall
still be valid: provided, however, that the new owner or operator of the amusement
game shall not have been convicted of a violation of the gaming laws of the
State of New Jersey.
A.
No more than two automatic amusement games shall be permitted
to be used or operated in any one place, location, premises or establishment;
provided, however, that if the applicant shall show clearly that his premises
may be operated safely with the presence of more than two machines, the Mayor
and Council may grant a license for more than two devices if, in its judgment,
it specifically concludes that the premises may be operated safely and lawfully
and within the requirements of this Article with more than two such games
or devices thereon.
B.
No person shall use or permit to be used any automatic
amusement game for the purpose of gambling.
C.
No person under the age of 14 years shall be permitted
to play, use or operate the automatic amusement game unless such person under
the age of 14 years shall be in the company of a person who is 18 years of
age or older.
D.
No automatic amusement game shall be operated between
the hours of 2:00 a.m. and 6:00 a.m. of any day.
E.
Nothing herein contained shall prevent the owner or operator
of the premises in which an automatic amusement game is placed from imposing
upon patrons who use the game standards which are stricter than those contained
herein.
Any license issued under this Article may be revoked by the Mayor and
Council, after due notice and hearing, upon any of the following grounds:
Any person who violates any provision of this Article shall, upon conviction,
be punished by a fine not exceeding $1,000 or by imprisonment for a term not
exceeding 90 days, or both. For these purposes, each day of a continuing violation
shall constitute a separate offense, and each automatic amusement game operated
in violation hereof, located in any given establishment or premises, shall
constitute a separate offense.
The licensing provisions of this Article shall not apply to not-for-profit organizations within the borough which temporarily install automatic amusement games for a period of less than 30 days per year. However, regulations applying to the use of such games as herein set forth (§ 114-13) shall apply to organizations which are otherwise exempt from the licensing requirements.
