[HISTORY: Adopted by the Mayor and Council of the Borough
of Raritan as indicated in article histories. Amendments noted where
applicable.]
[Adopted 3-19-1956 (Ch. 5 of the 1966 Code)]
[Amended 12-28-1982]
It shall be unlawful to maintain, use, operate or conduct in
any public or quasi-public place, or in any building, store or other
place wherein the public is invited or wherein the public may enter,
in the Borough of Raritan, in the County of Somerset and State of
New Jersey, or to permit such maintenance, use, operation or conduct
of any coin-operated music box or of any game or device of the type
commonly known and designated as "bagatelle," "automatic baseball,"
"pinball amusement game," "shuffleboard," "bowling alley," "electronic
video games," or any other automatic amusement device, without having
previously applied for and obtained a license therefor pursuant to
the provisions of this article.
A.
Each application for a license under this article shall be filed
with the Borough License Clerk, shall be in writing and shall set
forth the name and post office address of the applicant, his age and
occupation, the number and kind of devices sought to be licensed,
the name and post office address of the owner thereof if not owned
by the applicant, the place where the device or devices will be maintained
or operated, whether or not the applicant has ever been convicted
of a crime or of any violation of a municipal ordinance involving
gambling and such other information as the Borough Council may deem
necessary.
B.
All applications shall be accompanied by the appropriate license
fee hereinafter provided.
C.
The term of a license issued pursuant to this article shall run from
the first day of January through the last day of December in the year
of issue.
[Added 11-25-2014 by Ord. No. 2014-12]
All applications shall be referred to the Police Committee,
which shall investigate the character and fitness of the applicant
and the place at which the device sought to be licensed is to be maintained
or operated, and said Committee shall promptly report to the Borough
Council its findings and recommendations. The applications shall thereupon
be considered by the Borough Council, which, in its discretion, may
grant or refuse the license applied for. Upon the granting of any
license, the same shall be promptly issued by the Borough License
Clerk, and, if the application is rejected, the fee accompanying the
application shall be promptly returned.
[Amended 3-15-1961; 11-28-1972; 12-28-1982; 10-23-2012 by Ord. No. 12-14]
The fee payable for a license issued for one year or any part
thereof pursuant to the provisions of this article shall be $75 for
any coin-operated music box and $125 for each and every automatic
amusement device (including, without limitation, electronic video
games).
Each license shall entitle the licensee to maintain or operate
the licensed device or devices only at the place designated in the
license and shall not be transferable from one person to another.
A licensee may be permitted to transfer the license, within the term
for which it is issued, to any other location, but he shall first
apply for and obtain the consent of the Borough Council to such transfer.
A licensee may, within the term for which his license is issued, substitute
or exchange for the device maintained or operated by him at the time
of granting of his license any other device of like nature or character.
A.
Each license issued pursuant to the provisions of this article shall
state the name and address of the licensee, the nature or character
of the device licensed, the name and address of the owner thereof
if the same is not owned by the licensee, the amount of the license
fee paid therefor and shall briefly state that the device or devices
therein designated is or are licensed for operation by the Borough
of Raritan.
B.
Each license shall be prominently displayed near the device thereby
licensed.
No license shall be issued pursuant to the provisions of this
article to any person who shall have been convicted of a crime or
of the violation of any municipal ordinance involving gambling.
A.
No device, game or amusement licensed pursuant to the provisions
of this article shall be used for purposes of gambling or for violating
any of the ordinances of the Borough of Raritan or any of the laws
of the State of New Jersey or of the United States.
B.
No person to whom a license shall be issued pursuant to the provisions
of this article and no person who shall own, manage, operate or control
the place where the licensed game, device or amusement is maintained
or operated, or either of their agents, servants or employees, shall
allow, permit or suffer any person under the age of 16 years to play
or operate any such licensed game, device or amusement except in the
immediate presence and with the consent of a parent or guardian of
such person under the age of 16 years.
C.
Any person who shall use or permit to be used any game, device or
amusement licensed under the provisions of this article for the purpose
of gambling or for any other purpose contrary to the provisions hereof
shall be deemed to be guilty of a violation of this article and shall
be punishable therefor as hereinafter provided.
A.
Any license issued pursuant to the provisions of this article shall
be revoked by the Borough Council if the licensee shall be found to
have been, prior to the granting thereof, convicted of a crime or
of the violation of any municipal ordinance involving gambling or
shall, after the granting thereof, be convicted of a crime or of the
violation of any such municipal ordinance and may be revoked by the
Borough Council for any other good cause.
B.
Upon any proceeding for revocation, written notice of the charges
against him shall be served upon the licensee, either personally or
by registered mail addressed to his address as the same appears in
his application for a license, within not less than five days of the
date set for the hearing thereof. Said hearing may be adjourned from
time to time.
C.
In case any license shall be revoked, the licensee shall not be entitled
to the return of any part of the license fee.
This article is enacted for the purpose of raising revenue,
as well as for the purpose of regulating the maintenance, use and
operation of amusement games or devices.
[Amended 9-9-1986; 10-23-2012 by Ord. No. 12-14]
Any person who shall violate any of the provisions of this article
shall, upon conviction thereof, be punishable by a fine of not more
than $2,000, imprisonment for a period not exceeding 90 days and/or
a period of community service not exceeding 90 days, in the discretion
of the court.
As used in this article, the following terms shall have the
meanings indicated:
Any individual, firm or member thereof, partnership or member
thereof, corporation or officer or director thereof.
[Adopted 2-26-2013 by Ord. No. 2013-03]
As used in this article, the following terms shall have the
meanings indicated:
Any public room, place, compartment, parlor, hall or other
premises in which one or more pool tables or billiard tables, or any
combination thereof, are kept, maintained or operated for use by the
general public.
Any equipment, device or table on which games commonly known
as pool or billiards, or any derivative thereof, are or may be played,
whether mechanically, manually or coin operated.
It shall be unlawful for any person or entity to keep, maintain,
hold out, or permit the use and operation of any poolroom or billiard
room within the Borough unless a license shall first have been obtained.
An application for a poolroom or billiard room license shall
be submitted annually to the Borough Clerk on an application form
prescribed by the Borough Clerk. All license fees shall be paid at
the time of the filing of the application and shall be payable to
the Borough of Raritan.
The Borough Clerk shall promptly issue a poolroom or billiard
room license upon receiving a complete application together with the
prescribed license fees.
All licenses issued hereunder shall be issued for a term of
one year from the first day of January in each year and expire on
December 31 in the year of issue. The amount of the annual license
fee shall be $100 for each pool table or billiard table. No license
fee or any part thereof shall be refundable once the license has been
duly issued.
All poolrooms or billiard rooms shall be subject to the following
conditions:
A.
The license or licenses herein required shall be posted permanently
and conspicuously in the premises wherein the pool tables or billiard
tables are to be operated or maintained.
B.
No license granted in accordance with this article shall be transferable.
C.
All poolrooms and billiard rooms shall be closed from 12:00 midnight
Saturday until 6:00 a.m. Monday.
D.
No gambling of any kind shall be permitted in any poolroom or billiard
room.
A license issued under this article may be revoked by the Borough
Council if, after a public hearing, the holder of the license is found
to have violated the provisions of this article or the laws of the
State of New Jersey. Ten days' advanced written notice of said
hearing, setting forth the alleged violations, shall be mailed to
the holder of the license.
Any person violating any of the provisions of this article shall,
upon conviction, be punished by a fine not exceeding $500 or by imprisonment
in the county jail for a term not exceeding 40 days, at the discretion
of the Magistrate, who shall impose the penalty, together with the
cost of prosecution.
