[Amended in its entirety 11-28-2005 by Ord. No.
2015-05]
As used in this article, the following terms
shall have the meanings indicated:
|
AUTOMATIC AMUSEMENT DEVICE
|
A.
This article is intended to apply to any machine which,
upon the insertion of a coin, slug, token plate or disk or operated
for any other consideration, may be operated by the public generally
for use as a game, entertainment or amusement, whether or not registering
a score, including but not limited to such devices as video games,
pinball machines, skill ball, mechanical grab machines, billiard tables,
bowling games and all games, operations or transactions similar thereto
under whatever name they may be indicated. In addition to electromechanical
devices, it shall include video-type devices or similar devices that
use a display screen for points, lines and dots of light that can
be manipulated to simulate games or other types of entertainment.
B.
This article shall not apply to coin-operated amusements
commonly known as "kiddie rides," more specifically, those coin-operated
machines which are sat upon or in and cause a certain motion or gyration
following the insertion of a coin and are designated primarily for
use by children under the age of 10. It shall also not apply to music-playing
devices, such as jukeboxes. Shooting galleries where guns or firearms
which fire projectiles are used for an amusement, prize or otherwise
are not intended to be included in this article and shall not be licensed
or permitted within the limits of the township.
|
DISTRIBUTOR — Any person who supplies
any automatic amusement device to another for use in his or 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.
|
|
PERSON — Any person, firm, corporation,
partnership or association.
|
The purpose of this article is to regulate and
control all automatic amusement devices and license those devices
which are operated for the purpose of making a profit. The objective
of this article is to prevent nuisances to patrons and the public,
fire hazards from overcrowding, poor ingress and egress, the promotion
of gambling, loitering or the creation of an unhealthy atmosphere
for the youth of the community or other foreseeable undesirable effects
arising from the use of automatic amusement devices.
A.
License required. No person shall maintain, operate
or possess in any store, building or other place where individuals
may enter within the City of Woodbury any automatic amusement device
without first obtaining a license therefor.
B.
Exemptions. The license requirements of this article shall not apply to the City of Woodbury nor to churches, synagogues and places of worship within the City of Woodbury nor to any nonprofit organizations, such as civic, fraternal or vocational organizations. All other requirements of this ordinance shall apply to these uses except § 57-17C.
A.
All applications for a license under this article
shall be made and delivered to the City Clerk/Administrator on forms
to be supplied for the purpose and shall be subscribed and sworn to
by the applicant, who must be at least 18 years of age.
B.
The application for the license shall contain the
following:
(1)
The name and address of the applicant.
(2)
The name of the place or establishment where the automatic
amusement device is to be operated and the location of the same.
(3)
The number and type of alcoholic beverage license associated with Subsection B(2), where applicable.
(4)
The number and type of automatic amusement devices
sought to be licensed.
(5)
The location where each automatic amusement device
is to be located.
(6)
The name and address of the person from whom each
device is to be purchased, rented or otherwise obtained.
(7)
A description of each automatic amusement device sought
to be licensed, including, for each device, the name of the manufacturer,
model number and serial number.
(8)
The terms of an agreement governing the acquisition
and installation of said automatic amusement device.
(9)
Information indicating whether the distributor, the
applicant or any person connected with the operation of the place
wherein the device is to be installed has ever been convicted of any
crime or found guilty of the violation of any ordinance pertaining
to gambling or gaming.
(10)
Any other information which the township government
may deem reasonably necessary and proper for the full protection of
the interest of the patrons or the public in the application.
A.
The number of automatic amusement devices that may
be located in any one location shall be no more than two.
B.
The following rules shall govern the location and
general operation of automatic amusement devices within all business
premises:
(1)
Each device shall be located at least 10 feet from
the entranceway to the premises in which 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.
(2)
Each device shall have an unobstructed perimeter zone
or distance of four feet around the sides of the three linear borders
of said device wherein the users of said 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 article that, for purposes
of preventing overcrowding and assuring safe passage of the general
public, each machine shall have its own unobstructed perimeter zone.
(3)
The licensee shall at all times control the sound
so as not to cause disturbance or nuisance to others in the vicinity
of the machine. The licensee shall at all times place the machine
so that the part of the machine from which the sound emits shall not
be within 10 feet of the front entrance of the place of business and
shall not any time place a music machine so that the sound is disturbing
to the public in the streets or to other persons occupying a building
in the immediate vicinity.
C.
No games subject to this article may be operated within
500 feet of a school up to the 12th grade or 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.
A.
No operation of any automatic amusement devices shall
be permitted between the hours of 11:00 p.m. and 9:00 a.m., except
where alcoholic beverages are served, in which case the permitted
hours of operation shall correspond to the allowable hours of operation
of the establishment.
B.
No operator shall offer or permit to be offered any
prizes or awards, whether in cash or otherwise, as an inducement to
the use of said machines.
C.
No operator shall permit any person using an automatic
amusement device to operate the same for any gambling purpose prohibited
by law. In the event that it is determined judicially or by admission
of the operator that any automatic amusement device is being operated
as a gambling device, the machine may be confiscated and destroyed
or sold at an auction, and the license of the operator may be revoked
after a hearing.
D.
No operator shall permit the noise level on any licensed
premises to interfere with the reasonable use of any adjacent structures.
E.
Every automatic amusement device required to be licensed
under this article shall have permanently affixed thereto an individual
identification number or serial number, which number shall not be
transferable from one machine to another.
A.
All licenses issued under this article shall be for
a term of one year, commencing on January 1 and expiring on December
31 of the year of issuance.
B.
A license may be transferred from one machine to another by giving notice to the City Clerk/Administrator to that effect and giving a description of the new machine, including manufacturer, model number and serial number. There shall be a fee for all transfers in the amount of $25 per transfer. The required notice shall set forth all information required under § 57-16 of this article.
D.
Any objections to the renewal of a license shall be
filed with the City Clerk/Administrator. All objections shall be in
writing and signed by the individual or entity making the objection.
A hearing on the objection to renewal shall be held prior to December
31 of the year of the application to renew. Notice of the hearing
shall be published at least once in a newspaper circulating within
the township, no less than 10 days prior to the hearing. All hearings
shall be conducted by the City Council. If a majority of the City
Council determines that the operator has limited the terms and provisions
of this article and such violations are likely to continue, then the
operator's license shall not be renewed. In rendering its decision,
the City Council shall set forth, in writing, its findings of facts,
conclusions and reasons therefor. A copy of its decision shall be
sent to the operator and person or persons who filed objections within
20 days of the hearing's conclusion. Any licensee shall be entitled
to continue the operation of the licensed premises pending the decision
of the City Council.
The Zoning Officer or the chief law enforcement
officer, or his or her designees, may make an investigation of the
premises and the applicant to determine the truth of the facts set
forth in the application. The Fire Marshal, or his or her designee,
may inspect the premises to determine whether said premises comply
with existing fire regulations of the township. The Zoning Officer
or the chief law enforcement officer and Fire Marshal may, upon completion
of their inspections, attach to said application their reports thereon
in writing. Upon receipt of said application and inspection reports,
if any, the City Clerk/Administrator shall proceed to consider the
same and shall either approve or disapprove the issuance of the license
to said applicant. If the applicant is approved, the City Clerk/Administrator
shall issue the necessary license upon the receipt of the license
fee or fees as herein provided.
A.
Revocations of license. Anytime after the granting
of said license, the City Clerk/Administrator may, in the reasonable
exercise of his or her discretion, suspend the same if he or she finds:
(1)
A violation of any of the provisions of this article.
(2)
False or incorrect material on the application or
information furnished by the applicant.
(3)
A failure to maintain good and safe conduct on the
premises.
(4)
A violation of the laws of the State of New Jersey,
of this article or of other ordinances of the City of Woodbury.
(5)
That the presence of the machines results in gambling,
obscene and loud language disturbing to the public or to other patrons
of the premises, creating of a nuisance, excessive noise, litter,
traffic or rowdyism by the patron.
B.
A hearing on the suspension will be held within 30
days. All hearings will be conducted by the City Council. If a majority
of the City Council determines that the operator has violated the
terms and provisions of this article and that such violations are
likely to continue, then the machine may be confiscated and destroyed
or sold at auction and the license of the operator revoked. In rendering
its decision, the City Council shall set forth, in writing, its findings
of fact, conclusions and reasons therefor. A copy of its decision
shall be sent to the operator within 20 days of the hearing's conclusion.
