[Adopted 9-6-1994 by Ord. No. 16-94]
No person or persons, firm, association, club or corporation
shall maintain, operate, conduct or pursue the business or occupation
of keeping any public room, hall, facility or place wherein the games
commonly known as "pool" or "billiards" are played without having
first obtained a license therefor as hereinafter provided.
An application for a license shall be filed with the Borough
Clerk, on forms to be furnished by said Clerk, which forms shall include
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
penal law; and
F.
A sketch of the interior of the premises showing a detailed floor
plan drawn to scale, showing the entire layout of the area to be used
as a pool hall or billiard parlor, including offices, rest rooms and
storage area, as well as the location of all proposed pool and/or
billiard tables.
Each Chief of Police, Health Officer, the Building Inspector
and the Zoning Officer shall investigate and report thereon, in writing,
to the Borough Clerk, as to whether the application and use proposed
complies with public safety and sanitary, requirements, zoning regulations
and firesafety standards, and each shall make a report thereon indicating
their approval or disapproval within 20 days of receiving a complete
copy of the application. The failure of any such official to submit
a written report within said time period shall be deemed as an approval
by that official.
Upon receipt of approval from the Chief of Police, the Health
Officer, the Building Inspector and the Zoning Officer, the Borough
Clerk shall issue a license, provided that the applicant has complied
with all terms and conditions of this article and has paid all license
fees called for herein. All such licenses shall be valid for one year,
from January 1 until December 31, unless sooner revoked. Any license
issued after January shall be valid only until December 31, unless
sooner revoked.
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 by the holder to another address,
provided that the licensee shall make written application for such
transfer to the Borough Clerk and the applicant has complied with
all terms and conditions of this article, including securing permission
from the Chief of Police, the Health Officer, the Building Inspector
and the Zoning Officer.
The fees to be paid for such license are hereby fixed as follows:
The Mayor and Council of the Borough of Washington may suspend
or revoke the license of any licensee on any one or more of the following
grounds:
A.
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.
B.
Violation of any ordinance of the Borough of Washington upon the
licensed premises by the licensee or its agents, servants, employees
or representatives.
C.
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 to issue said license.
D.
Permitting or suffering any activity upon the licensed premises which
is or may be detrimental to the public health, safety, welfare or
morals or which violates the terms of this article.
Prior to suspension or revocation of any license, the following
procedures shall be followed:
A.
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 or her defense.
B.
In the event any license is suspended or revoked, the licensee shall
not be permitted the return of any portion of the license fee.
No license shall be issued for the operation of any pool or
billiard room which is located within 200 feet of any school or place
of worship.
The owner or operator of any pool or billiard parlor licensed
hereunder shall not use, operate or permit the billiard or pool tables
to be used for any purpose except during the hours from 9:00 a.m.
until 12:00 midnight on Sunday through Thursday nights and 9:00 p.m.
until 2:00 a.m. Friday and Saturday nights. The hours referred to
herein refer to standard time or daylight saving time, whichever time
shall then be in effect and shall apply thereto.
No person under the age of 16 years of age shall be admitted
to or permitted to play pool or billiards in any licensed premises
or to frequent, lounge, congregate or gather in such room or place
unless accompanied by his or her parent or guardian. No person over
the age of 16, but under the age of 18 years of age, shall be admitted
or permitted to play pool or billiards in any licensed premises or
to frequent, lounge, congregate or gather in such room or place after
10:00 p.m. on Sunday through Thursday nights when school is in session
the following day, during the months of September through June, unless
accompanied by his or her parent or guardian.
In no event shall card playing be permitted on premises licensed
under this article, even if such card playing is for social purposes.
In addition, no gambling, drug or alcohol use shall be allowed on
said premises.
All premises in which the game of pool or billiards are played
shall be on the street floor of any building and shall be so arranged
and shall be so lighted that a full view of the interior may be had
from the public thoroughfare or from adjacent rooms to which the public
is admitted at all times.
This article shall not apply to any religious, charitable, benevolent
or nonprofit association or corporation which operates or maintains
any pool or billiard table solely for the recreation and amusement
of its members, provided that such organization is bona fide in character
and is not intended as a means or device for evading the terms and
provisions of this article. This article does not apply to the keeping
of any pool or billiard table in private residences, provided that
no charge is made for the use of the pool or billiard tables.
There shall be conspicuously posted and displayed in any premises
licensed under this article:
A.
The license issued pursuant to this article;
B.
A copy of this article, which shall be supplied to the licensee by
the Borough Clerk; and
C.
Not less than one sign, giving notice that:
(1)
No person under the age of 16 years of age is permitted upon the
licensed premises unless accompanied by his or her parent or guardian;
(2)
No person over 16 years of age but under the age of 18 years of age
is permitted upon the licensed premises after 10:00 p.m. on Sunday
through Thursday nights when school is in session the following day,
during the months of September through June, unless accompanied by
his or her parent or guardian.
Any person or persons, firm, association, club or corporation
violating any of the provisions of this article 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 Magistrate, and each day such violation
shall be continued shall be deemed and taken to be a separate and
distinct offense.
