[HISTORY: Adopted by the Township Committee
of the Township of Commercial 12-19-1941 by Ord. No. 45. Amendments noted where
applicable.]
As used in this chapter, the following terms
shall have the meanings indicated:
Any person who is a lessor, bailor, conditional vendor, or
distributor of such devices or machines, or who otherwise performs
the function of placing such devices or machines in any place prescribed
herein, either as principal or agent.
No mechanical amusement device or machine of
the type commonly known and designated as pinball or baseball games,
or music machines, or any other similar machine which is or may be
operated as a game, contest or amusement of any description, upon
the insertion of a coin or slug shall be placed, operated, used, maintained
or possessed in any public or quasi-public place, or in any building,
store or other place wherein the public is invited, or where the public
may enter, within the municipal limits of the Township of Commercial,
in the County of Cumberland, unless the owner or operator of said
device shall first secure a license as hereinafter provided.
Such license shall be issued by the Township
Clerk, or such other officer as may be designated from time to time
by the Township Committee, upon application, in writing, which application
shall state the applicant's name, the applicant's residence, the place
where such device or machine is or is to be installed, that applicant
is owner or operator of such device or machine, and such other information
as the Township Clerk, or other officer as aforesaid, may deem necessary
or proper.
[Amended 2-20-1948 by Ord. No. 52; 12-20-1957 by Ord. No.
73]
All licenses issued hereunder shall expire on
December 31 of the year of issuance, and the fee for each license
shall be $20 per year, or any part thereof, for each such device or
machine.
All licenses issued hereunder shall affect only
one such device or machine; shall state the name of the applicant,
the applicant's residence, the place where such device or machine
is or is to be installed, the expiration date of the license, the
fee paid; and shall be signed by the licensing official.
A license issued hereunder shall be firmly affixed
in a conspicuous place on such device or machine and shall so remain
at all times.
No license shall be valid if used in any place
other than the place stated in said license, or if used by any person
who is not the licensee; provided, however, that a transfer of license
may be issued in accordance with the terms of this chapter.
[Amended 2-20-1948 by Ord. No. 52]
In the event any machine or device licensed
hereunder shall be moved to a location other than that specified on
the license, the licensee shall first secure a new license, to be
issued in the manner original licenses are issued, upon surrender
of the existing license to the Township Clerk, or other officer as
aforesaid, and the payment of a fee of $10.
The Township Clerk, or other officer as aforesaid,
may require periodic reports from licensees hereunder, disclosing
such information as he shall deem necessary for the proper enforcement
of this chapter, provided such reports shall not be required more
often than once each month from any one licensee.
Any person, whether an owner or operator, or
otherwise, who shall place, operate, use, maintain or possess any
such unlicensed device or machine, in any place prescribed herein,
may be deemed guilty of a violation of this chapter.
[Added 3-18-1949 by Ord. No. 54]
No music machine licensed hereunder, or any
similar machine which may cause a public disturbance, shall be used
or operated between the hours of 1:00 a.m. and 8:00 a.m. (then prevailing
time) during weekdays, and no such machine shall be used or operated
at any time on Sundays. A person so using such a machine and the operator
thereof as defined herein shall, upon conviction, be guilty of a violation
of this chapter.
[Amended 3-18-1949 by Ord. No. 54]
A.
Any person violating any provision of this chapter
shall, upon conviction, be subject to a fine of up to $2,000, imprisonment
for up to 90 days or community service for up to 90 days, or any combination
thereof. In addition, the Township Committee may, in their discretion,
revoke the license or licenses issued to any person so convicted and
in such case all fees paid shall be forfeited. In the event a license
is revoked hereunder, the Township Committee may direct that no such
license be issued for a fixed period not to exceed five years.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
B.
The person whose license was so revoked, any person
operating such a machine or device in the location where the violation
occurred, and any person failing to comply with an order made by the
Township Committee under the terms hereunder shall be guilty of violation
of this chapter.
