[HISTORY: Adopted by the Township Committee of the Township of Chesterfield 7-8-1982 by Ord. No. 1982-7. Amendments noted where applicable.]
GENERAL REFERENCES
Alcoholic beverages — See Ch. 66.
Fees — See Ch. 110.
Parental responsibility — See Ch. 142.
As used in this chapter, the following terms shall have the meanings indicated:
COMMERCIAL AMUSEMENT DEVICE
Any machine which may be operated for entertainment or amusement in public, whether the machine is coin-operated or not and whether or not it registers a score or tallies. This definition shall include, but not be limited to, pinball machines, bowling machines, mechanical grab machines, billiard tables, electronic games, video-type games or machines 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 and jukeboxes. This enumeration is intended to be typical and shall not be construed as exclusive.
OPERATOR
Any person, firm, partnership, corporation or association in whose place of business two or more commercial amusement devices are placed or kept for operation and used by the public.
VENDING MACHINE
Any coin-operated machine from which consumable items are dispensed when coins or currency are inserted into the machine.
A. 
No operator shall make any commercial amusement device available for public use within the Township of Chesterfield without first having paid the required fees and then obtaining a license for the premises and each machine to be used thereon.
B. 
Any fraternal, charitable organization or private business, which is licensed for the sale or consumption of alcoholic beverages need not apply for a premises license; however, said organization or business shall not be exempt from the annual license fee as set forth below for each machine on the premises.
C. 
No vending machines shall be operated unless the owner or operator of said machine shall have first paid the required fee and displayed the necessary license.
No portion of this chapter shall apply to an individual operating any type of amusement device or vending machine, which operation is confined to that individual's private dwelling and not for profit.
[Amended 3-30-2022 by Ord. No. 2022-3]
All license applicants must be at least 18 years of age and shall submit, in writing, to the Township Clerk of the Township of Chesterfield, the application form prescribed by the Legalized Games of Chance Control Commission, which shall include at least the following information:
A. 
The name and address of the applicant and whether the applicant is an individual, partnership or corporation.
B. 
The ages of the applicant, of each partner, if a partnership, and of each of the principal officers of the corporation, if the applicant is a corporation.
C. 
The prior criminal record of the applicant, if any, setting forth the date or dates of conviction, the nature of the violation and the jurisdiction in which the violation occurred. If the applicant is a partnership, the same information shall be supplied for each partner, and, if the applicant is a corporation, this information shall be supplied for each of the principal officers of said corporation.
D. 
A full description of the device or devices to be used by the applicant and made available to the public.
E. 
The street number and description of the area where the machines are to be operated, stating the floor or floors of the premises and attaching a sketch showing the rooms or areas involved. Such sketch shall be drawn to scale, with the scale set forth on the sketch, and shall designate all exits, windows and storage spaces to be used in the operation.
F. 
A sketch showing the location of all structures and designating the owners of said structures within 200 feet of the proposed operation. Such sketch shall also designate prominent landmarks within the two-hundred-foot radius, be drawn to scale, with the scale set forth on the sketch, and show all streets and proposed areas of off-street parking to be utilized by the general public for said operation.
A. 
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 said devices.
B. 
The following rules shall govern the location within all business premises of automatic amusement devices:
(1) 
Each device shall be located at least three 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.
[Amended 3-30-2022 by Ord. No. 2022-3[1]]
[1]
Editor's Note: This ordinance also repealed former Subsection B(2), regarding perimeter zones, which immediately followed this section.
C. 
This section of this chapter shall not be construed to require the removal of any automatic amusement devices which are in place as of the effective date of this chapter.
[Amended 3-25-2010 by Ord. No. 2010-4]
A. 
Premises. An operator shall be charged a fee as set forth in § 110-70, which fee shall be submitted with the application for the operation of the premises. Once an operator's application has been approved by the Township Committee, the Township Clerk shall issue a license, which license shall be prominently displayed on the premises.
B. 
Commercial amusement devices. A fee of as set forth in § 110-70 shall be charged for each commercial amusement device located on the premises for any portion of a calendar year beginning January 1 and ending December 31. For each device or block of devices so licensed and for which a fee is paid, the Township Clerk shall issue an annual license, which licenses must be maintained on the premises and made readily available to members of the public and enforcing officials.
[Amended 3-30-2022 by Ord. No. 2022-3]
C. 
Vending machines. A fee as set forth in § 110-70 shall be paid for the operation of each vending machine located on any premises for any portion of a calendar year beginning January 1 and ending December 31. For each machine for which a fee is paid, the Township Clerk shall issue an annual license, which license must be displayed on said machine, readily visible to the public and any enforcing official. Each such license shall be nontransferable and shall designate thereon an identification number or serial number for the machine for which it has been issued.
[Amended 3-30-2022 by Ord. No. 2022-3]
The Township Clerk shall then submit the completed application and investigation to the Township Committee for review at its next regular meeting, wherein a determination shall be made as to whether or not the applicant has complied with all regulations. The Township Committee shall have and exercise control and supervision over all amusement games operated or conducted under such licenses issued pursuant to this chapter, with all of the powers authorized and granted to it under the Amusement Games Licensing Law, and all amendments and supplements thereto and regulations promulgated thereunder.
No commercial amusement device as defined herein shall be located within 1,000 feet of any school premises or 500 feet of any church premises. This section of this chapter shall not be construed to require the removal of any commercial amusement device which is in place as of the effective date of this chapter.
A. 
Premises licenses. An operator shall annually renew a premises license by filing notice with the Township Clerk between October 1 and November 1 of any calendar year preceding the calendar year for which said license is to be renewed. The notice shall be accompanied by payment of the annual fee.
B. 
Commercial amusement device and vending machine license. The annual fee for each device or machine shall be due and payable on or before January 10 of the calendar year in which said devices or machines are operated. A fee for any additional devices or machines shall be payable when said devices or machines are brought to the operator's premises, and there shall be no refund or credit given for any machines removed from the premises during any portion of the calendar year. The fee shall not apply to machines which replace a previously licensed machine.
[Amended 3-30-2022 by Ord. No. 2022-3]
C. 
Objections. Any objections to the renewal of an operator's license shall be filed with the Township Clerk. 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 upon at least 10 days' notice to the licensee and the person objecting on or before October 1 in the year immediately preceding the year for which the operator seeks renewal. 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 Township Committee at a special meeting convened solely for the purpose of hearing objections and deciding the issue of renewal. If a majority of the Township Committee shall determine that the operator has violated the terms and provisions of this chapter and that such violations are likely to continue, then the operator's license shall not be renewed. In rendering its decision, the Township Committee shall set forth, in writing, its findings of fact, 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 Mayor and Council.
[Amended 8-11-1983 by Ord. No. 1983-3; 3-30-2022 by Ord. No. 2022-3]
A. 
No operation of any commercial amusement device shall be permitted between the hours of 11:00 p.m. and 9:00 a.m., except for premises which are licensed for the sale or consumption of alcoholic beverages, in which case operation of commercial amusement devices shall be permitted during the legal hours of sale.
B. 
No operator shall permit any person using a commercial 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 commercial amusement device is being operated as a gambling device, the machine may be confiscated and destroyed or sold at public auction, and the license of the operator may be revoked after a hearing.
C. 
No operator shall permit the noise level on any licensed premises to interfere with the reasonable use of any adjacent structures.
D. 
Every commercial amusement device and vending machine required to be licensed under this chapter shall have permanently affixed thereto an individual identification number or serial number, which number shall not be transferable from one machine to another. The identification number and serial number shall both be in a position such that they may be readily reviewed and compared by members of the public and enforcing officials.