[HISTORY: Adopted by the Township Council
of the Township of Mount Holly 7-7-1980 as Sec. 5-3 of Ch. V of the
Revised General Ordinances. Amendments noted where applicable.]
As used in this chapter, the following terms
shall have the meanings indicated:
Any place or premises wherein five or more coin-operated
amusement machines or devices are maintained for use and operation
by the public.
Any machine or contrivance operated by a coin, token or device
of any nature whatsoever or any machine or device which shall be automatic
or semiautomatic in nature. This shall include but not be limited
to all machines commonly known and designated as "bagatelle," "baseball,"
"pinball" or any other game of skill or table game and shall also
include all automatic or semiautomatic photographic machines, voice-
or music-recording machines or such machines which shall reproduce
photographs or motion pictures and any machine or electric device
which shall be used as a test of strength and shall also include machines
which deliver to the player any card or cards of printed material
or photograph of any nature whatsoever and shall also include all
music boxes or other machines or devices coin-operated or of an automatic
or semiautomatic nature which shall reproduce music. Weighing machines
are specifically excluded from this definition.
[Amended 1-4-1982 by Ord. No. 1981-13]
Any individual, firm, member of a firm, partnership, member
of a partnership, corporation or any officer, director or stockholder
of any corporation or any agent or any employees of any such firm,
partnership or corporation.
It shall be unlawful for any person, persons,
club, association, firm, corporation or other organization to operate
an amusement parlor or to install, operate, maintain, use or have
in his or its possession or display or permit to be displayed in any
public or quasi-public place or in any building, store or any other
place wherein the public is invited or may enter, within the Township,
any coin-operated amusement machine or device without a license first
obtained as hereinafter provided.
[Amended 1-4-1982 by Ord. No. 1981-13; 6-28-1982 by Ord. No. 1982-13; 1-22-1990 by Ord. No. 1989-22; amended 6-22-1992 by Ord. No. 1992-5 12-22-2008 by Ord. No. 2008-29; 6-13-2011 by Ord. No.
2011-06]
A.
The fee for the license to operate an amusement parlor
shall be $5,000 per annum and for each bagatelle device or amusement
machine shall be $55 for each machine for one year. For each jukebox
or music vending machine, the fee shall be $55 for one year.
B.
At the time of filing the application for an amusement
parlor license, the applicant shall pay a nonrefundable application
fee of $300. In the event such license is granted, the application
fee shall be credited toward the license fee. Further, the applicant
shall submit with the application 10% of the license fee which shall
be credited toward the total license fee due if the license is granted
or refunded if the license is denied. For all other types of licenses,
the license fees shall be submitted with the application. If the application
is denied, the license fees, less an application processing charge
of $10, shall be returned to the applicant.
C.
License fees shall not be prorated. A late payment
fee in the amount of $25 shall be charged in addition to the current
fee for each license renewed after January 31 of a licensing year.
At any one time, there shall be only one amusement parlor license issued within the Township, and the license and the licenses issued for the other items set forth in § 71-3 above shall expire December 31 of the year in which issued, unless suspended or revoked, and the license fee shall not be prorated or transferred.
A.
Applications for licenses for amusement parlors and
for bagatelle devices, pinball machines or amusement purposes shall
be filed with the Township Clerk on forms to be furnished by the Clerk,
which forms shall show the following:
(1)
The name of the applicant.
(2)
Present residence of the applicant and how long residing
at the present residence.
(3)
Date of birth of the applicant and place of birth
of the applicant.
(4)
Location of the premises to be licensed and also a
description of the premises to be licensed.
(5)
The number of machines to be licensed.
(6)
Whether or not the applicant owns the premises where
the business is to be operated and, if not, the name and address of
the owner.
(7)
If the applicant is a corporation, the names and addresses
of the officers and stockholders owning more than 10% of the corporate
stock and the name and address of the registered agent.
(8)
Whether or not the person making application or any
of his employees or, where the applicant is a corporation, whether
or not any of the officers or stockholders have ever been convicted
for a crime or a violation of any municipal ordinance or regulation
and the nature thereof.
(9)
The names of any persons who shall have a financial
interest in the business.
(10)
The names of the persons to be employed in the business.
All applicants shall provide a schematic diagram
of the structure housing the devices or machines and the specific
area containing the devices or machines indicating the location of
the devices or machines; the access, egress and aisles to the area
containing the devices or machines; and any obstruction to pedestrian
access and movement in and about the structure. All aisles shall be
at least five feet wide. The maximum occupancy of the structure and
each room therein as determined by the Construction Official shall
be prominently posted. The specific area containing the devices or
machines must be well lighted and visible from the public street.
All licenses for bagatelle devices, pinball
machines or machines for amusement purposes shall be granted by the
Township Council and issued by the Township Clerk. All other licenses
shall be issued by the Township Manager upon proper application. The
license, when issued, shall be posted and conspicuously displayed
in the place of business of the applicant.
A.
No license shall be granted for any premises where
no emergency fire exit is provided.
B.
No license shall be issued until the premises have
been inspected as to fire prevention and fire safety and approved
by the Fire Marshal for such use.
C.
No license shall be granted hereunder for any premises
where the applicant or any officer or stockholder of an applicant
corporation shall have been convicted of a crime, a disorderly persons
offense or a violation of a Township ordinance involving gambling;
provided, however, that the Township Council may, in its discretion,
grant the license when such conviction shall have preceded the date
of the application by five years or more or, upon application by the
applicant for removal of the disqualification, the Township Council
may in its discretion grant a license hereunder.
D.
No license shall be issued to any person until all
federal and state laws and Township ordinances relating to the premises
have been complied with.
E.
No license shall be issued unless the prescribed license
fee has been paid.
Minors under the age of 16 years shall under
no circumstances frequent, loiter, go or remain in any business licensed
hereunder having bagatelle devices, pinball machines or machines for
amusement purposes at any time, unless it be upon some lawful errand
and sent under the direction and consent and knowledge of the parent,
guardian or other person having the lawful custody of such minor,
and it shall be unlawful for the proprietor of any hall so licensed
to allow or permit any minor to frequent, loiter or remain within
the hall in violation of this section.
The owner and/or operator shall not allow loitering
in or about his premises, nor shall he allow the amplification of
music so as to disturb adjacent property owners or the public.
Every place of business, for which a license
is granted under this chapter shall not open before 9:00 a.m. and
shall be closed at 10:00 p.m., Monday through Saturday, and shall
remain closed on Sunday.
Such bagatelle devices or pinball machines,
mechanical machines for amusement purposes or for production of music,
which shall be so licensed, shall be so licensed for amusement purposes
only, and no such machine or other mechanical device of any kind or
nature shall be used in connection with gaming; lottery; the unlawful
awarding of prizes, whether cash, merchandise or tokens; or any other
unlawful activity.
The Township Council shall have the power to
revoke any license when the licensee is found guilty of a crime involving
gambling or of violating any municipal ordinance or regulation involving
gambling or when the licensee shall violate any other law or regulation
pertaining to the operation of the premises or violate the provisions
of this or any other ordinances of the Township. If the Township Council
shall have reason to believe that there are grounds upon which to
revoke any such license, they shall immediately suspend such license
and shall cause a notice to be served, in writing, upon the licensee
or other person in charge of the licensed place citing him to appear
before the Township Council at such time and place as they designate
to show cause why the license should not be revoked, such notice to
be served at least 10 days prior to the date set for a hearing, and
the licensee shall be afforded a hearing before the Township Council,
prior to the final revocation of his license.
The license to operate an amusement parlor shall
not be transferable from place to place or to another person until
proper application shall have been made as heretofore provided for
an original issuance and shall be granted only on the written consent
of the Township Council.
This chapter is enacted for the purpose of raising
revenue and for the regulation and control of amusement parlors and
to regulate and control the other amusement devices.
