[HISTORY: Adopted by the Mayor and Council of the Borough of Emerson 5-28-1974 by Ord. No. 628 (Ch. 86 of the 1966). Amendments noted where applicable.]
[Amended 2-18-2003 by Ord. No. 1218]
No person or persons, firm, association, club or corporation shall maintain, operate, conduct or pursue the business or occupation of keeping any public room or place wherein the games commonly known as "bowling" or "tenpins" are played without first having obtained a license therefor from the Mayor and Council of the Borough of Emerson as hereinafter provided.
[Amended 2-18-2003 by Ord. No. 1218]
An application for the license set out in § 114-1 shall be filed with the Borough Clerk in writing, which application shall contain the following information:
A. 
The name and address of the applicant.
B. 
In the case of a partnership, the names and addresses of all partners.
C. 
In the case of a corporation, the names and addresses of the officers, directors and all stockholders presently holding stock and all who for six months prior to the making of said application have been officers, directors or stockholders.
D. 
In the case of clubs or associations, the names and addresses of all officers.
E. 
Whether or not the person or persons named in the application have ever been convicted of a violation of any federal, state or municipal law.
F. 
The location of the premises to be licensed.
G. 
The number of bowling alleys to be located on the premises to be licensed.
All said licenses shall be issued by the Borough Clerk only after resolution of the Mayor and Council of the Borough of Emerson shall have been adopted approving said application and only after the payment of the license fees hereinafter set forth. The license year shall be from September 1 of the year of issue until August 31 of the next ensuing year. Licenses may be issued for a period of less than a year, but all licenses shall expire on August 31 of each year.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Such license shall bear the date of issue, the name of the licensee, the purpose for which issued and the location of the room or building wherein the licensee is authorized to carry on and conduct any such business. Such license shall not be transferable by the holder to any other person or persons, firm, association or corporation, but such license may be transferred as to the location wherein the licensee is authorized to carry on and conduct any such business, provided that the licensee shall make a written application for such transfer to the Borough Clerk and such transfer is approved by resolution of the Mayor and Council of the Borough of Emerson.
[Amended 2-18-2003 by Ord. No. 1218]
A. 
The annual fees to be paid for each license set out in § 114-1 hereof are fixed hereby as follows: for the first bowling or tenpin alley located on the premises to be licensed, the sum of $125; for each additional bowling or tenpin alley located on the premises to be licensed, the sum of $125; provided, however, that the maximum license fee on either license shall not exceed $4,500 per annum.
B. 
The license fees set out in § 114-5A may be prorated when the license is issued for a period of less than one year; provided, however, that the minimum fee shall be not less than 1/6 of the annual fee herein set out and provided further that parts of months shall not be prorated but shall be prorated to the higher month.
A. 
The Mayor and Council of the Borough of Emerson may suspend or revoke the license of any licensee on any one or more of the following grounds:
(1) 
Violation of any of the laws of the State of New Jersey upon the licensed premises by the licensee or its agents, servants, employees or representatives.
(2) 
Violation of any ordinance of the Borough of Emerson upon the licensed premises by the licensee or its agents, servants, employees or representatives.
(3) 
If said license was procured by fraudulent conduct or false statement of a material fact or if a fact concerning the applicant was not disclosed at the time of filing the application where such fact would have constituted just cause for refusing said license.
(4) 
Permitting or suffering any activity upon the licensed premises which is or may be detrimental to the public health, safety, welfare or morals.
B. 
In all such cases, written notice of the charge or charges and the time and place of hearing thereon shall be served on the licensee, either in person or by certified or registered mail addressed to the licensed premises. No revocation or suspension shall occur unless the licensee shall have been afforded an opportunity to be heard in his defense.
In the event that any license is suspended or revoked, the licensee shall not be entitled to the return of any portion of the license fee.
Any premises which shall be declared to be unsafe by the written report of the Borough Building Inspector or the Borough Bureau of Fire Prevention or the Borough Board of Health shall be deemed to be ineligible for a license.
[Amended 2-18-2003 by Ord. No. 1218]
No license shall be issued for the operation of any bowling alley which is located within 200 feet of any school, church or publicly owned building.[1]
[1]
Editor's Note: Original §§ 86-10, Hours, and 86-11, Restrictions as to minors, which immediately followed this section, were repealed 2-18-2003 by Ord. No. 1218.
In no event shall card playing be permitted on premises licensed under this chapter, even if such card playing is for social purposes.
[Amended 2-18-2003 by Ord. No. 1218]
This chapter shall not apply to the keeping of any bowling alley in private residences.
There shall be conspicuously posted and displayed in any premises licensed under this chapter:
A. 
The license issued pursuant to this chapter.
B. 
A copy of this chapter, which shall be supplied to the licensee by the Borough Clerk.
[Amended 2-18-2003 by Ord. No. 1218]
Any person or persons, firm, association, club or corporation violating any of the provisions of this chapter shall, upon conviction thereof, be subject to a fine not exceeding $500 or confinement in the county jail for a term not exceeding 90 days, or both, in the discretion of the Municipal Judge. Each day such violation shall be continued shall be deemed and taken to be a separate and distinct offense.
Annually, prior to the issuance of a license or renewal thereof, all licensed premises shall be inspected by the Borough Building Inspector, the Borough Fire Prevention Bureau and the Borough Board of Health, which shall make reports to the Mayor and Council prior to the issuance or renewal date.
Generally, this chapter shall be enforced by the Borough Police Department, which shall make inspections of the licensed premises from time to time as required.