[HISTORY: Adopted by the Township Council of the Township of Lower as indicated in article histories. Amendments noted where applicable.]
[Adopted by Ord. No. 82-20 (Sec. 4-9 of the 1975 Code); amended in its entirety 11-19-2007 by Ord. No. 2007-16]
As used in this article, the following terms shall have the meanings indicated:
- Any commercial establishment containing more than three coin-operated amusement devices.
- COIN-OPERATED AMUSEMENT DEVICE
- Any amusement machine or device customarily operated by means of the insertion of a coin, token or similar object, for the purpose of amusement or skill. The term does not include vending machines which are not incorporated into gaming or amusement features nor does the term include any coin-operated mechanical musical devices. Said term shall include, but is not limited, to pinball machines, video games, Skee-Ball games, shooting galleries, and air hockey games.
- Any person, firm, corporation, partnership or association who or which sets up for operation by another, or leases or distributes for the purpose of operation by another, any devices herein defined, whether such setting up for such operation, leasing or distributing be for a fixed charge or rental, or on the basis of a division of the income derived from such device or otherwise.
- Any person, firm, corporation, partnership, association or club who or which, as the owner, lessee or lessor, has under his or its control any establishment, place or premises in or at which such device is placed or kept for use or play or on exhibition for the purpose of use or play.
- RECREATIONAL USE
- Facilities that include, but are not limited to, providing the following activities, whether for a fee or not: water flumes; billiard and pool halls; table games such as air hockey, foosball, and ping-pong; bowling alleys; miniature golf courses; driving ranges; amusement rides; legalized games of chance; coin-operated amusement devices; video games; and circuses that are to be conducted within 200 feet of a residential property located in a residential zone.
Prior to the issuance of a building permit or certificate of occupancy for a recreational use as herein described, an application shall be made to the Township Planning Board for a conditional use permit as set forth by the provisions of § 400-56 of the Code.
Once an affirmative resolution has been passed by the Planning Board, the applicant may complete the building permit or certificate of occupancy application. The site plan review, necessary for any project requiring a variance, shall have already been completed.
The plan submitted to the Building Inspector shall bear the signatures of the Chairman and Secretary of the Planning Board to ensure that it is the same plan approved by the Planning Board.
If there are any changes in the proposed project, the applicant must return to the Planning Board for all subsequent approvals.
The Zoning Officer of the Township and the Township Police Department shall have the authority to enforce the provisions of this article. The violation of any of the provisions of this article shall, upon conviction, be punishable by a fine of not less than $100 nor more than $500. Each twenty-four-hour period during which any violation continues to exist shall be deemed a separate offense and shall be punishable as aforesaid. Upon a second conviction for an offense or series of offenses, the violator shall be fined a sum of not less than $300 nor more than $500 for each individual offense, as defined herein. Upon three or more convictions for an offense or series of offenses, the violator shall be fined a sum of $500 for each individual offense.
[Adopted by Ord. No. 91-25 (Sec. 4-10 of the 1975 Code)]
It is hereby declared that the Township of Lower, in the County of Cape May, is a seashore resort municipality containing amusement and entertainment areas according to the customary understanding of such terms in and around said Township, which areas are more particularly described in Schedule A annexed hereto.
Editor's Note: Schedule A, referred to herein, may be found in the office of the Township Clerk attached to Ord. No. 91-25.
It shall be unlawful for any person, firm or corporation to hold, operate or conduct or to allow, permit or suffer the holding, operation or conduct of any amusement game in the Township of Lower in the County of Cape May, unless and until a license therefor has been issued by the Township Council of the Township of Lower in accordance with the regulations promulgated by the State Commissioner of Amusement Games Control of the State of New Jersey and pursuant to the authority of this article. The fee for the amusement game license shall be $950.
On and after the adoption of this article, the annual license fees or charges for the holding, operating or conducting of any of the several classes of permissible amusement games shall be as follows:
Arcade machine or device games (Pokerino, Pinball, Skee-Ball, etc.): Permissible Amusement Games Certificate No. 2.
No licensee shall hold, operate, conduct or allow, permit or suffer the holding, operation or conduct of any amusement game on the licensed premises between the hours of 11:59 p.m. and 9:00 a.m., Mondays through Fridays, inclusive, and between the hours of 11:59 p.m. and 9:00 a.m. on Saturdays, Sundays and holidays.
The regulations promulgated by the State of New Jersey, insofar as they relate to the holding, operation and conduct of amusement games in the Township of Lower, are hereby made a part of this article.
No licensee shall operate any loudspeaker within or without the premises which can be heard outside the premises.
Any person, firm or corporation violating any of the provisions of this article shall be deemed a disorderly person and shall be subjected by the Municipal Court to a penalty of not less than $500, nor more than $1,000, or up to 180 days' community service, or up to 90 days in jail, or any combination thereof.