[HISTORY: Adopted by the Township Council of the Township of Monroe 8-26-2008 by Ord. No. O:26-2008.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Curfew — See Ch. 118.
[1]
Editor's Note: This ordinance also repealed former Ch. 93, Amusement Devices, adopted 12-13-1967 by Ord. No. O-8-67 (Ch. 6 of the 1967 Code), as amended.
As used in this chapter, the following terms shall have the meanings indicated:
AMUSEMENT PARLOR OR ARCADE
Any place or premises wherein five or more mechanical and/or electronic amusement machines or similar devices are maintained for use and operated by the public.
[Amended 8-27-2018 by Ord. No. O:19-2018]
AUTOMATIC AMUSEMENT DEVICE
Any mechanical or electronic machine or similar devices operated for the public for the purposes of a game, entertainment and/ or amusement for which a fee is charged and paid by means of the insertion of a coin, currency. token, credit card or other similar object or form of payment.
[Amended 8-27-2018 by Ord. No. O:19-2018]
DISTRIBUTOR
Any person who supplies any automatic amusement device to another for use in his/her premises, whether under lease or any similar arrangement.
OPERATOR
Any person in whose premises any automatic amusement device is placed or kept for operation.
The purpose of this chapter is to license, regulate and control those automatic amusement devices which are operated for the purpose of making a profit.
A. 
Operation without license prohibited.
(1) 
No person shall maintain, operate or possess in any store, building or other place where individuals may enter, or in any building or other place wherein any club or organization meetings are held within the Township any automatic amusement device without first obtaining a license therefor.
(2) 
No person shall operate or maintain an amusement parlor or arcade without first obtaining a license therefor.
B. 
Exceptions.
(1) 
Charitable and nonprofit organizations operating and maintaining established physical facilities within the Township of Monroe are excluded from the requirement of obtaining an arcade or amusement license.
(2) 
The aforesaid organizations must have an appropriate tax identification number designating the organization as tax exempt to qualify for this exclusion.
A. 
There shall be no limit on the number of amusement parlor or arcade licenses issued within the Township.
B. 
Notwithstanding the above, the Township Council may issue an unlimited number of nontransferable arcade licenses at their sole discretion for use in enclosed malls, skating rinks and similar premises.
All applications for a license referenced in this chapter shall contain the following and submitted to the Township Clerk:
A. 
Name under which the place is being operated and the location of the same.
B. 
Number and type of alcoholic beverage license, where applicable.
C. 
Number and type of machine sought to be licensed.
D. 
Location where each automatic amusement game is to be located to include a detailed diagram.
E. 
Name and address of the person from whom each device is to be purchased, rented or otherwise obtained.
F. 
Description of each automatic amusement game sought to be licensed, including for each device, the name of the manufacturer, model number and serial number.
G. 
Terms of agreement governing the acquisition and installation of such automatic amusement game.
H. 
Information indicating whether the distributor, the applicant or any person connected with the operation of the place wherein the game or device is to be installed has ever been convicted of any crime or found guilty of the violation of any ordinance or gaming.
I. 
Consent to enter the premises executed by the owner.
The number of automatic amusement devices that may be located in any one location shall be governed by the physical space available in any business location for the use of such devices.
The following rules shall govern the location within all business premises of automatic amusement devices:
A. 
Each device shall be located and placed so that it does not obstruct or interfere with the free and unfettered passage to and from the premises of patrons or users of the premises.
B. 
Each device shall have an unobstructed perimeter zone or distance of one foot around the sides of the three linear borders of such device wherein the users of such device may use, watch or wait to use said device. The area which is required hereunder for each such machine shall not be encroached upon by the area of any other machine. It is the intent of this section that for purposes of preventing overcrowding and assuring safe passage of the general public that each machine shall have its own unobstructed perimeter zone.
No games subject to this chapter may be operated within 500 feet of a school property up to the 12th grade or a house of worship. The distance shall be measured for similar restrictions imposed and as interpreted for alcoholic-beverage-licensed premises by the Alcoholic Beverage Commission. This section shall not be construed to require the removal of any automatic amusement devices which are licensed and in place as of the date of approval.
A. 
Regulations and restrictions.
(1) 
Curfew. No arcade licensee shall knowingly permit any person under the age of 13 years, unaccompanied by a parent or guardian, to remain on the premises after 10:00 p.m. prevailing time.
(2) 
Hours. No arcade as defined by this chapter shall be permitted to operate between the hours of 12:00 midnight and 10:00 a.m., prevailing time.
(3) 
Other regulations and restrictions. The Township Council may impose additional regulations and restrictions on the conditions of license issuance and the operation of the premises which it deems necessary, consistent with public health and safety.
B. 
The above restrictions shall be prominently displayed on a poster-type sign to be provided by the arcade licensee. The sign shall be placed in two prominent locations on the licensed premises.
A. 
No person shall, in his/her place of business, permit gambling in connection with the playing of any mechanical amusement game.
B. 
An automatic amusement device may only be used or operated during the hours of operation of the premises in which located and when the operator or an employee of the operator is present in the premises.
A. 
The Director of Public Safety or his/her designee shall inspect the premises to determine whether such premises complies with the regulations of the Township of Monroe. The Director of Public Safety or his/her designee shall request the Fire Inspector, Construction Code Officials and such other officials of the Township of Monroe to inspect said premises that he/she shall deem necessary. Upon completion of inspections, their written reports shall be attached to the application filed with the Township Clerk.
[Amended 4-28-2009 by Ord. No. O:12-2009]
B. 
Upon receipt of the application and inspection reports, the Township Council shall proceed to consider the same and shall either approve or disapprove the issuance of the license to the applicant. If the applicant is approved, the Township Council authorizes the Township Clerk to issue the necessary license upon the receipt of the license fee or fees as herein provided.
C. 
Suspensions without hearing. Notwithstanding the right to a hearing as provided in Subsection B, the Township Ddirector of Public Safety or his designee may, if in his opinion an immediate or substantial threat to health or safety exists, suspend the right of an applicant to operate. Thereafter, the applicant shall be permitted a hearing as provided in Subsection B.
A. 
The fees for licenses for amusement devices and for amusement parks or arcades shall be as set forth in § 74-6 of Chapter 74, Fees, of this Code.
B. 
License fees shall not be prorated or transferred.
A. 
Any time after the granting of a temporary or annual license, the Township Council may exercise its discretion to revoke or suspend this license for any willful false statement in the application. Said license may be revoked or suspended as well in the event that the licenses shall be convicted of any violation of this chapter or shall, individually or through the licensee's servants, agents and/or employees, violate any term or condition of operation.
B. 
In addition to the provisions of this Code, anytime after the granting of such license, the township Council may, in the reasonable exercise of their discretion, revoke the same, if after a hearing they find:
(1) 
Gambling on the premises.
(2) 
Failure to maintain good and safe conduct on the premises.
(3) 
The presence of the machines resulting in gambling, obscene and loud language disturbing to the public or to the other patrons of the premises, creating of a nuisance, excessive noise, lifter, traffic or rowdyism by the patron.
C. 
Except as hereafter provided in Subsection D, prior to any suspension or revocation of license, the Township Council shall serve the applicant with notice of its intent to suspend or revoke. Thereafter, the applicant shall be afforded the right to a hearing to be held by the Township Council. A written finding of facts and conclusions shall be prepared and submitted at the conclusion of the hearing, a copy of which shall be distributed to the applicant.
D. 
Suspensions without hearing. Notwithstanding the right to a hearing as provided in Subsection C, the Township Director of Public Safety, Chief of Police or designee may, if in his opinion an immediate or substantial threat to health or safety exists, suspend the right of an applicant to operate. Thereafter, the applicant shall be permitted a hearing as provided in Subsection C.
Every person, firm or corporation violating any provision of this chapter or who fails to comply therewith shall, severally for each and every violation and noncompliance, pay a penalty not to exceed the sum of $1,000 or be imprisoned in the Gloucester County Jail for a period of not more than 90 days, or both. Each day a violation exists under this chapter shall constitute a separate offense under this chapter. The application of the above penalty shall not be held to prevent any proceeding for suspension or revocation of licenses.