[HISTORY: Adopted by the Mayor and Council of the Borough
of Wallington as indicated in article histories. Amendments noted
where applicable.]
[Adopted 5-13-1970 as Sec. 5-4 of the 1970 Revised General Ordinances (Ch.
145 of the 1992 Code)]
Every person operating an establishment having one or more billiard
tables in his possession shall apply to the Clerk for a license.
Upon receiving written application, the Clerk shall report thereon
at the first regular meeting of the Council, and he shall issue the
license if he is given permission to do so by a majority vote.
[Amended 12-18-1975 by Ord. No. 75-18; 8-18-1988 by Ord. No. 88-4]
The license shall be posted in a conspicuous place within the
billiard room.
No billiard playing shall be permitted after 12:00 midnight,
and no gambling of any kind shall be allowed at any time.
[Added 12-20-1993 by Ord. No. 93-19[1]]
[Adopted 9-8-1983 by Ord. No. 83-12 (Ch. 133, Art. II, of
the 1992 Code)]
As used in this article, the following terms shall have the
meanings indicated:
Any automatic, mechanical or electronic amusement device,
game or device of skill or entertainment, such as pinball machines,
electronic games, bowling machines, mechanical game machines, ski
ball machines, bowling machines, pokereno machines and commercial
pool tables, which is or are operated or set in motion by the deposit
therein of any coin or coins, tokens or slugs, or the like thereof,
or paper money, purchased for cash and including electronic video
games or machines or similar devices. Excluded from this definition
are music vending machines, commonly known as "jukeboxes."[1]
Any natural person, partnership, firm, association, corporation
or any other business entity which leases, rents out or places under
any kind of arrangement within the Borough of Wallington one or more
amusement or entertainment machines or devices displayed for public
patronage or placed or kept for operation by the public.
Any natural person, partnership, firm, association, corporation
or any other business entity which owns or controls premises or a
location within the Borough of Wallington in which any amusement or
entertainment machine or device which is owned by said natural person,
partnership, firm, association, corporation or any other business
entity is displayed for public patronage or is placed or kept for
operation by the public.
Any natural person, partnership, firm, association or corporation.
No person, firm or corporation shall install, place, maintain
or operate, in any store, place of business, building, public place
or quasi-public place wherein the public is invited or may enter,
any coin-operated amusement device or entertainment device within
the limits of the Borough of Wallington without first applying for
and obtaining a license therefor for each and every coin-operated
amusement or entertainment device to be installed, placed, maintained
or operated.
No more than two licenses shall be issued for the placement,
installation, maintenance, operation or possession of coin-operated
amusement devices in or about any single premises or location for
premises under 5,000 square feet in area in which the public is permitted.
For premises in excess of 10,000 square feet, licenses shall be issued
to permit the use of one additional machine for each 5,000 square
feet of area over 10,000 square feet in which the public is permitted.
[Amended 12-20-1993 by Ord. No. 93-19]
A license fee of $100 for each device licensed hereunder shall
be payable annually by the licensee.
A.
Application for said license shall contain the following information:
(1)
The name, date and place of birth, home address and home telephone
number and the business telephone number of the applicant and each
of its stockholders, officers and directors and each partner, member
or principal.
(2)
The name and address of the registered agent of the applicant or
person upon whom service of process is authorized to be made.
(3)
The name, date and place of birth, home address and telephone number
of the manager or other agent of the applicant who shall be in charge
of or conduct the business of the applicant within the Borough of
Wallington.
(4)
With respect to each person whose name is listed on the license application,
the fact of whether or not said person was ever convicted of any crime,
whether by or without jury, or by plea in any jurisdiction of an offense
which under the laws of the State of New Jersey is denominated as
a misdemeanor or high misdemeanor or an offense involving moral turpitude,
with full disclosure of the nature of the offense, the time and place
of commission, legal proceedings in connection therewith and punishment
or penalty.
(5)
A sketch detailing the precise location and type of each machine
or device to be operated under the license.
(6)
If the applicant is a corporation, there shall be included a corporate
resolution, in proper form, authorizing the execution of the license
application on behalf of the corporation.
(7)
The application shall contain a certification, under oath, made by
the applicant, that the information contained in the application and
all attachments thereto is complete, accurate and truthful to the
best of his knowledge and belief.
B.
All applications shall be accompanied by the license fee as set forth
herein.
C.
Upon receipt of an application, the Clerk shall promptly forward
a copy of the application and accompanying materials to the Chiefs
of Police and Fire Departments and the Code Enforcement Officer for
investigation, review and report.
A.
Licensing standards.
(1)
Upon receipt of all reports and information, in accordance with the
standards and requirement set forth, the Clerk may grant or refuse
the license or may grant the license as to one or more but not all
of the coin-operated amusement or entertainment devices and refuse
the license as to the rest. If the license is granted, the Borough
Clerk shall forthwith issue the license.
(2)
The Clerk shall ensure that the license application and attachments
thereto are complete, accurate and truthful and that those persons
whose names are required to be disclosed on the license application
are all persons capable of owning, controlling and conducting the
proposed business of owning and/or operating amusement or entertainment
devices within the Borough of Wallington in a manner consistent with
the public safety, good morals and general welfare of the community;
that all those persons whose names are required to be disclosed on
the license application can reasonably be expected to own, control
and manage or operate the proposed business in accordance with all
applicable laws, ordinances, rules and regulations and free from any
gambling or immoral or illegal conduct or activity and free from unnecessary
or unwanted noise or commotion; that no criminal element is in direct
or indirect control or management of the business of the applicant;
that the granting of the application and the issuance of the license
thereunder will promote a fair and competitive market for the operation
of amusement or entertainment machines or devices within the Borough
of Wallington; that the granting of the application and the issuance
of the license thereunder will not create an unwarranted burden on
the law enforcement officers or agencies and that the applicant has
properly executed all agreements and consents required by this article
and has agreed to conduct his business in accordance with all requirements
of this article and all other applicable laws, ordinances, rules and
regulations. No operator's license shall be granted hereunder
unless the licensed premises shall meet all requirements of all fire
regulations and the housing, building, sanitary, electric and plumbing
codes of the Borough of Wallington.[1]
B.
License denial and appeal. In the event that the Borough Clerk determines
that such application does not meet the standards above set forth,
the license shall be denied. Upon the Borough Clerk denying any application,
the unsuccessful applicant shall have the right to appeal such denial
to the Mayor and Council within 10 days of receipt of written denial
by a written notice of appeal served upon the Borough Clerk. The Mayor
and Council shall schedule a hearing on such appeal within 30 days
thereof and issue its decision within 30 days after such hearing.
C.
Transferability; refunds. No license issued pursuant to this article
is transferable, and no license fee shall be refunded upon the revocation
or surrender of any license.
A.
License cards issued pursuant to this article shall specify the location
at which the licensed coin-operated amusement device is to be used
or kept, a brief description of the device, the device's number
or other means of identification, and the name and address of the
owner and lessee or bailee of said device.
B.
All license cards issued pursuant to this article shall be posted
and at all times displayed in a conspicuous place at or near the licensed
device.
C.
All licenses issued pursuant to this article shall expire on December
31 of each year. Upon the expiration of the license, the holder shall
surrender the license card forthwith to the Borough Clerk.
A.
No licensee shall approve the use or permit or suffer the use of
any coin-operated amusement device for gambling.
B.
No licensee shall install, maintain or use any such coin-operated
amusement device for the purposes of giving, directly or indirectly,
any prize, return or profit for the use of such device.
C.
No licensee shall permit the use of any coin-operated amusement device
by an infant. "Infant" shall be defined as any person less than 13
years of age.
Every license issued hereunder is subject to revocation by the
governing body should the owner/operator or operator operate any amusement
or entertainment machine or device contrary to the provisions of this
article or the standards set forth herein for the issuance of a license.
Any material misstatement or omission in the license application and
any information submitted therewith shall constitute sufficient grounds
for revocation of said license. The Mayor and Council, through the
Clerk, shall serve upon the licensee notification of intention to
revoke the license and advise the licensee that he has 10 days from
receipt of the notification to request a formal hearing. In the event
that no formal hearing is requested, then the Mayor and Council shall
be authorized, after said ten-day period, to revoke the license. In
the event that the licensee does request a hearing, then he shall
be entitled to a hearing before the Mayor and Council and give testimony
and produce witnesses as he shall deem appropriate. The Mayor and
Council shall listen to all witnesses and testimony that it deems
relevant and shall render a decision as to whether or not the license
should be revoked.
A.
B.
Each and every day in which a violation of any provision of this
article exists shall constitute a separate violation.
