[HISTORY: Adopted by the Board of Commissioners
of the Township of Nutley 8-25-1964 by Ord. No. 1610 (Ch. 77 of the 1978 Code).
Amendments noted where applicable.]
GENERAL REFERENCES
Police Department — See Ch.
131.
Alcoholic beverages — See Ch.
210.
Entertainment, amusements and amusement devices — See Ch.
309.
Peace and good order — See Ch.
506.
It shall be unlawful in the Township of Nutley
to operate or maintain billiard rooms, poolrooms or such other places
where the business of playing billiards or pool is conducted for hire
or gain and open to the public without first having obtained a license
in accordance with the provisions of this chapter, as herein set forth.
Application for a license issuable under this
chapter shall be filed with the Township Clerk on a form to be provided
by the Township, together with a detailed drawing or sketch of the
room, showing the dimensions and location of the billiard or pool
table or tables in the room sought to be licensed, together with the
required license fee, and shall specify:
A. The name, age, occupation and address of the applicant,
and, if a firm, corporation or association, the principal officers
thereof and their addresses.
B. The address of the premises for which the license
is sought.
C. The name and address of the person to be actually
in charge of the operation of the business, if he is not the licensee.
The application for a license shall be first
referred by the Township Clerk to the Director of Public Safety for
investigation as to the good moral character of the applicant, the
public safety and fire hazards involved, if any, and said application
shall also be referred by the Township Clerk to the Director of Public
Affairs for investigation as to any health or sanitary conditions
which may be involved.
The Directors of Public Safety and Public Affairs
shall make reports of the investigations in writing to the Board of
Commissioners. The Board of Commissioners shall consider the application
and, if approved, the license herein provided for shall be issued
to the applicant by the Township Clerk.
The term of each license issued hereunder shall
run from January 1 and shall expire December 31 following the issuance
thereof. Any license issued after August 1 of any year shall require
payment of 1/2 of the full license fee for the year, and such license
shall expire on December 31 after its issuance. Each license issued
shall apply only to the person, firm, corporation or association specified
therein as the licensee, and no such license shall be assignable or
transferable to any person, firm, corporation or association, and
each license issued shall apply only to the premises designated in
the license.
The license herein provided for shall be posted
and displayed in a conspicuous place in the billiard room, poolroom
or such other place where the business of playing billiards or pool
is conducted under such license.
The amount of the annual fee payable for a license
to be issued under this chapter shall be the sum of $750 for the first
billiard or pool table and an additional sum of $750 for each additional
billiard or pool table on the licensed premises.
No license provided for hereunder shall be issued
to any minor nor to any person convicted of crime or the violation
of any state law or municipal ordinance involving gambling or moral
turpitude. No such license shall be issued to a corporation or association
if any officer thereof would be ineligible to obtain a license under
this chapter.
No person under the age of 18 years shall be
permitted or allowed in any billiard rooms or poolrooms or such other
place licensed under this chapter, or to use any billiard or pool
table or to remain in or frequent or loiter in such rooms, nor shall
any person known to have been convicted of a crime or violation of
any state law or municipal ordinance involving gambling be permitted
to use any such table or to remain in or frequent any such room or
place.
It shall be the duty of the licensee or whoever
is in charge of the licensed premises to see that alcoholic beverages
shall not be brought into or consumed upon the licensed premises.
The licensee shall not permit any gambling or
any noise so loud as to disturb the peace in or upon the licensed
premises.
It shall be the duty of the licensee to post
conspicuously in his place of business the following sign: PERSONS
UNDER THE AGE OF 18 YEARS ARE NOT ALLOWED HERE, AND NO GAMBLING OR
THE CONSUMPTION OF ALCOHOLIC BEVERAGE PERMITTED ON THESE PREMISES.
No license shall be issued hereunder to conduct
the business of billiard rooms or poolrooms within 1,000 feet of any
school, library or church premises or within 5,000 feet of another
billiard or pool room or other place where the business of playing
billiards or pool is conducted for hire or gain.
Every licensed billiard or pool room shall be
so arranged as to offer a view of the interior of the premises from
the street; provided, however, that a curtain or other means of screening
may be used on windows or doors of the premises to a height of five
feet from the floor of the premises, but in no case shall the screening
obstruct or prevent a view of the interior of the premises from the
street by a policeman or any inspection by any other officer of the
law.
No restaurant or lunchroom or lunch bar shall
be conducted or operated on the licensed premises.
No female shall be admitted to the licensed
premises unless accompanied by a male escort.
Every billiard or pool room or such other place
where billiard or pool tables are open to the public for hire or gain
may be open and operated from 9:00 a.m. to 12:00 midnight from Monday
through Saturday and shall be closed on Sunday. The hours herein mentioned
refer to standard time or daylight saving time, whichever shall then
be in effect.
It shall be the duty of the Chief of Police
to see that the licensed premises are inspected periodically by a
member of the Police Department to ensure conformity with the provisions of this chapter.
Any license issued hereunder may be suspended
or revoked by the Board of Commissioners after charges have been preferred
against the licensee and a hearing has been held thereon after notice.
The number of licenses issued under this chapter
shall not exceed one license for every 20,000 residents of the Township
of Nutley according to the last federal census next preceding the
application for a license.
[Amended 5-15-1979 by Ord. No. 1973]
Any person, firm, corporation or association
violating any provision of this chapter shall, upon conviction thereof,
be punished by a fine not to exceed $500 or by imprisonment in the
county jail not to exceed 90 days, or both. A separate offense shall
be deemed committed on each day during and on which a violation occurs.