As used in this chapter, the following terms have the meanings
indicated:
ARCADE
Any establishment in which five or more automatic commercial
games are located.
AUTOMATIC COMMERCIAL GAME or GAME
Any automatic game machine or device, whether electronic
or mechanical, or a combination of both, for the object of amusement
or skill, or a combination of both, including any pinball game and
video-type game or machine or similar device that includes a screen
for display of points, lines or dots of light which can be manipulated
or influenced by a player or operator to produce or simulate any game
which is operated, actuated, used, maintained or set in motion or
in operation by the deposit therein of any coin or coins or by any
or similar object for which money is charged, or combination thereof,
or for the playing or operation of which a fee is charged; provided,
however, that the automatic commercial game shall not be construed
to mean or include children's rides.
INDOOR CHILDREN'S RECREATIONAL ACTIVITY CENTER
Any building, room, suite, structure, area, premises or other place catering to children 12 years and under. At least 75% of the gross floor area shall be devoted to a children's physical activity center. Up to 10 automatic commercial games shall be permitted, if the annual per-game licensing fee required by §
87-7B(4) of this chapter is paid by January of each year.
LICENSED OPERATOR
An operator whose premises are licensed under the terms of
this chapter.
OPERATOR
Any person in whose arcade or indoor amusement park, as defined
in the Zoning Ordinance of the Township, an automatic commercial game is placed, kept or located
for operation and use by the public.
PERSON
Any individual, firm, partnership, corporation, association
or other entity.
Every license applicant must be at least 18 years of age and
shall submit to the Department of Community Development the following
facts and information, in writing, upon such form or forms as the
Department of Community Development may specify and sign the same,
accompanied by the following things, all of which shall constitute
the application:
A. A statement of the identities of the applicant and the intended operator
and making clear whether each of the applicant and intended operator
is an individual or individuals, corporation or corporations, partnership
or partnerships or other unincorporated associations or entities,
as the case may in fact be; if a corporation, the state and country
in which incorporated.
B. With respect to and in addition to the facts and information required under Subsection
A above: the names, addresses, ages and fingerprints of every individual, of every partner of a partnership; of every incorporator, director and officer of a corporation; and of every owner and principal of an unincorporated association and/or entity. Such fingerprints shall be furnished by each applicable individual's submitting to fingerprinting at and by the Township Police Department; provided, however, that the Township Police Department shall from time to time waive any requirements of fingerprints during times when a process for investigation of fingerprints is not reasonably available through external governmental agencies such as the Federal Bureau of Investigation or the State Police of New Jersey.
C. The results of a background check to be conducted by the applicant
of the intended manager or managers of the arcade or indoor amusement
park for which the license is sought, including the intended manager's
name, address and age, to be reviewed and approved by the Moorestown
Police Department. The Moorestown Police Department may, in its discretion,
require any additional information it may deem necessary or the fingerprints
of the manager or managers prior to approval.
D. The prior criminal record of the applicant and intended operator and of every individual, partnership, corporation, association, entity, partner, incorporator, director, officer, owner and principal referred to in Subsections
A and
B above, if any, and any intended manager or managers of the arcade or indoor amusement park for which a background check is submitted to the Moorestown Police Department pursuant to Subsection
C above, setting forth the date or dates of conviction, the nature of the offense and the jurisdiction in which the offense occurred.
E. A full description of all game machines and devices initially to be installed, placed, kept or located by the applicant and the manner and details of the operation by which they will be made available to the public; the maximum number of game machines (which may have more than one coin slot each, but still be counted as one machine) and devices to be kept on the premises at any time, which number shall never exceed 150; a full description of all other machines, devices, materials, goods, produce, inventory and things to be installed, placed, kept or located, permanently or temporarily, on the same premises (regardless of by whom); and an accurate detailed sketch (minimum scale of 1/4 inch equals one foot), showing the actual and intended locations and configuration of all of the foregoing. The applicant shall plan, design, show, implement and at all times operate, act and carry out the foregoing and with respect to the foregoing to assure reasonable protection of the health, safety, morals and welfare of the public. In so doing, the applicant shall give full regard to the requirements, standards and limitations of §
87-9 of this chapter.
F. The street number and description of the premises and of the areas
and places within the premises where the automatic commercial games
are to be operated, stating the number of floor or floors of the premises
and attaching a sketch accurately showing the rooms and areas, walls,
partitions and other structures therein. Such sketch shall be accurately
drawn to scale (minimum scale of 1/4 inch equals one foot), with the
scale set forth on the sketch and shall designate all exits, apertures,
windows, lighting, including lighting intensity and kind, acoustical
material, the design of all doors at entrances and exits and storage
spaces to be used in and around the operation. All such matters shall
be designed, shown and implemented to assure reasonable protection
of the health, safety, morals and welfare of the public.
G. A sketch accurately designating the lands, premises and structures
within 200 feet of said area, place and premises; the owners and tenants
of such lands, premises and structures; and all uses and operations
thereon and thereof. Such sketch shall also accurately designate prominent
landmarks within the two-hundred-foot scope, be drawn to scale (minimum
scale of one inch equals 60 feet), with the scale set forth on the
sketch, and show all streets and proposed areas of off-street parking
which may lawfully be utilized by and shall adequately provide and
allow for the general public residing in, visiting and otherwise within
or affected by said area, place and premises.
H. A description of all security measures, security personnel, security
safeguards and policies to be kept in effect during pertinent times.
Said security measures, personnel, safeguards and policy shall assure
and shall be implemented to give reasonable protection of the health,
safety, morals and welfare of the public.
I. Detailed information.
(1) Except in the case of an indoor amusement park located in a mall:
detailed information demonstrating how noise will be controlled and
contained so as not to have a detrimental effect on any person or
property outside the licensed premises or interfere with the reasonable
use of neighboring structures and premises; such detailed information
shall be submitted by a recognized sound expert, including at the
hearing on the application; upon any application for a premises license
renewal, the applicant shall, on request of the Department of Community
Development, submit detailed information of the actual noise-control
experience at the premises and the actual experience of the impact
of noise on persons and property outside the licensed premises during
prior periods of operation at the licensed premises, and, upon the
occasion of consideration of any application for premises license
renewal, the Township Council may impose or change reasonable noise-level
and noise-control requirements, conditions, restrictions and limitations.
(2) Detailed information concerning all planned and contemplated lighting
of the premises sufficient to permit a clear view of all interiors
of the rooms and other areas housing games and/or children's
rides.
(3) Detailed information demonstrating conformity and how the applicant's
planned and contemplated operation will conform to all applicable
fire laws, ordinances, rules and regulations.
J. The signed written consent of the owner of the premises contemplated
for licensing or of the owner's designated representative.
No license issued pursuant to this chapter shall be transferable
from one place to another, from the applicant to any other person
nor from one operator to another.
Upon the effective date of this chapter, any license issued
and outstanding which expresses on its face a certain number of games
shall be deemed to express such number of games for the unexpired
term of said license as is permitted under this chapter.