As used in this article, the following terms shall have the
meanings indicated:
AUTOMATIC AMUSEMENT DEVICE
Any machine which, upon insertion of a coin, slug, token
plate or disc, may be operated by the public for use as a game, entertainment
or amusement, whether or not registering a score. Automatic amusement
devices shall include, but are not limited to, such devices as marble
machines, pinball machine, skill ball, mechanical grab machines, video
machines and all games, operations or transactions similar thereto,
under whatever name they may be indicated.
DISTRIBUTOR
Any person who supplies any automatic amusement device to
another for use in his/her premises, whether under lease or any similar
arrangement, including the principals and manager of any business
entity.
OPERATOR
Any person in whose premises, either owned or leased, any
automatic amusement device is placed or kept for operation, and shall
include the principals of any corporate operator, the partners of
a partnership and the manager responsible for the establishment.
The purpose of this article is to license, regulate and control
those automatic amusement devices which are operated for the purpose
of making a profit. The objective of this article is to regulate the
business of amusement devices so as to prevent nuisances to patrons
and the public, fire hazards from overcrowding, poor ingress and egress
at premises where amusement devices are located and to prevent gambling,
loitering or the creation of an unhealthy atmosphere for the youth
of the community or other foreseeable undesirable effects of such
devices.
Before the Township Clerk shall issue a license, he/she shall
determine that the following requirements have been met:
A. An application properly completed with all information required by
this article has been supplied.
B. The appropriate license fee has been paid.
C. The premises sought to be licensed comply with the requirements of
this article for such premises.
D. Certification by the Chief of Police that he/she has made an investigation
of the applicant and there is no evidence that the applicant has been
convicted of a crime involving moral turpitude, drug sale or possession
or gambling.
E. Certification by the Fire Subcode Official that he/she has made a
thorough inspection of the premises and finds compliance with this
article and all ordinances and laws required to be enforced by him/her.
Upon receipt of the application and reports, the Chief of Police
shall determine whether the requirements for a license have been met.
If the applicant meets the requirements of this article, the Township
Clerk shall issue the necessary licenses.
If the provisions of this article are not complied with, the
Chief of Police shall deny the license. The applicant may appeal such
denial to the Township Council within 10 days of the receipt of the
denial. Thereafter, the Township Council shall grant a hearing to
the applicant and afford him/her the right to submit relevant information
on his/her own behalf. After the hearing, if the Township Council
finds the denial was inappropriate, it shall direct the issuance of
a license.
The license for each device or machine shall be posted on the
machine or device in a visible location or in such other visible manner
approved by the Construction Code Official. Such license shall contain
the name of the manufacturer, the model number and serial number for
the machine or device issued.
Anytime after the granting of a license, the Township Council
may revoke such license or licenses if, after notice to the licensee
and a hearing, if requested, it finds:
A. Gambling on the premises.
B. False or incorrect information on the application furnished by the
applicant.
C. Failure to maintain good and safe conduct on the premises.
D. Violation of the laws of the State of New Jersey or of this article
or other ordinances of the Township of Clark.
E. The presence of the machine or device results in gambling, obscene
or loud language disturbing, or likely to disturb, the public or other
patrons of the premises or results in creating a nuisance, excessive
noise, litter, traffic or rowdyism by the patrons.
F. Failure of the licensee to notify the Chief of Police, in writing,
of any change to any information provided in the application.
The provisions of this article requiring an operator's
license shall not apply to the Township, any church, fraternal or
veteran's organization or other religious or charitable nonprofit
organization which operates any amusement game or device exclusively
for the use of its members and the guests of such members on premises
owned or controlled by it. Each exempt group must, however, notify
the Chief of Police of the number of devices on the premises and the
name and address of the distributor, if applicable, by January 1 of
each year.
Any person who violates any provision of this article shall, upon conviction thereof, be liable to the penalty stated in Chapter
1, Article
III, General Penalty. Each day that a violation occurs or is committed shall constitute a separate offense.