[Amended 2-15-1982]
This chapter is enacted for the purpose of regulating the condition and maintenance of poolrooms and billiard rooms in the Borough of Swedesboro.
[HISTORY: Adopted by the Mayor and Council of the Borough of Swedesboro 11-8-1950 (Ch. 89 of the 1982 Code). Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
Not only an individual but also any firm, association or corporation.
It shall be unlawful to maintain, manage, operate or conduct any poolroom or billiard room in the Borough of Swedesboro, in the County of Gloucester, without first presenting an application for and receiving a license from the Borough Council to operate such poolroom or billiard room.
Each license shall be known as a "poolroom and billiard room license" and shall be issued only for the premises mentioned therein and shall be identified by the name of the person to whom issued and the location of the premises for which issued. The number of such licenses to be issued shall be determined by the Borough Council of the Borough of Swedesboro.
The licensing of all persons who apply for licenses to conduct poolrooms and billiard rooms, the regulation and inspection of poolrooms and billiard rooms and the enforcement of the provisions of this chapter as well as the revocation of such licenses for violations of the provisions of this chapter, shall be under the control of the Borough Council, and the Borough Council is hereby authorized to establish reasonable rules and regulations for the inspection of poolrooms and billiard rooms to determine their condition of cleanliness, sanitation and fitness as a place for the congregation of persons.
No poolroom or billiard room license shall be issued to any person until the particular poolroom or billiard room premises mentioned in the application for such license has been thoroughly inspected and found to be in a well-ventilated, clean and sanitary condition and fit for the congregation of persons.
No poolroom or billiard room license shall be issued to any person who has not attained the age of 21 years.
No poolroom or billiard room license shall be issued to any person who is not a citizen of the United States of America.
All applications for poolroom and billiard room licenses shall be in writing and shall be accompanied by a certified check for the required license fee hereinafter mentioned and shall contain the full name, address, occupation, citizenship, birth date and birth place of the applicant and state whether he has ever been convicted, on trial or plea, of a crime, in any of the courts of the State of New Jersey, or of the United States of America, or of any other state of the United States of America, and if so, the date and place of conviction, name of court, and the crime of which convicted; and shall state the location of the premises where such poolroom or billiard room will be maintained, and the number of pool tables and billiard tables to be maintained in said poolroom or billiard room.
The Borough Council may in its discretion grant or refuse to grant any such license.
[Amended 2-15-1982[1]]
The fee payable for each license issued under this chapter shall be as set forth in Chapter 140, Fees, for each and every pool table and for each and every billiard table, maintained or to be maintained in the poolroom or billiard room mentioned in the application for such license; and the fee to be paid shall be the same whether a full year or part of a year.
Each license shall expire on the 31st day of December of the calendar year for which it is issued, and the expiration date for each such license shall be the same whether application for such license was made at the beginning of or at a later time during any calendar year.
Each license shall authorize the person licensed to maintain a poolroom and billiard room only in the premises at the location mentioned in the application therefor and designated in the license.
Each license shall be kept posted and permanently displayed at all times in the poolroom or billiard room at the premises mentioned in the license.
Each license shall constitute the grant of a privilege and no license shall be assigned or transferred by the person to whom such license is issued, and the person to whom such license is issued shall not operate or conduct a poolroom or billiard room at any place other than the premises for which such license was issued.
No person licensed to operate a poolroom or billiard room shall conduct or permit any business other than the operation and playing of the various games of pool and billiards (except the sale of tobaccos, candies and nonalcoholic beverages at retail as an accommodation to patrons) to be conducted in any poolroom or billiard room for which such license was issued.
No person licensed to operate a poolroom or billiard room shall harbor any criminal, gangster, swindler, professional gambler, or other person of ill repute, nor permit fights, brawls, or disturbances constituting a public nuisance in any poolroom or billiard room for which such license was issued; nor engage in, suffer or permit lotteries, number running, bookmaking, chance selling, gambling or gambling devices, in any poolroom or billiard room for which said license was issued; nor engage in, permit or suffer any violations of the ordinances of the Borough of Swedesboro or of the Laws of the State of New Jersey; or of the United States of America, in any poolroom or billiard room for which such license is issued.
No person licensed to operate a poolroom or billiard room shall allow the same to remain open or conduct any business therein whatsoever between the hours of 12:00 midnight and 7:00 a.m. during weekdays, nor at any time whatever on Sunday.
No person licensed to operate a poolroom or billiard room shall suffer or permit any person under the age of 21 years to play pool or billiards, or remain in any poolroom or billiard room for which such license was issued.
A.
Any license issued under this chapter may be suspended or revoked by the Borough Council for violation of any of the terms of this chapter by the person to whom such license was issued, or for violation of the laws of the State of New Jersey, or the laws of the United States of America, or for other good cause, by the person to whom such license was issued.
B.
Any license issued under this chapter shall be revoked by the Borough Council for the remainder of the year for which such license was issued on conviction of the person to whom such license was issued, either on trial, plea of guilty or non vult, in any of the courts of the State of New Jersey, or in any of the courts in any other state of the United States of America or in any court of the United States of America, for engaging or participating in gaming, bookmaking, number writing, number selling, or keeping slot machines and gambling devices.
[Amended 2-14-1951]
C.
Proceedings for suspension or revocation of a license for violation of this chapter shall be by hearing before the Borough Council on written notice of the charges served upon the licensee not less than five days before the time set for hearing thereof, either in person or by registered mail addressed to the location of the poolroom or billiard room mentioned in such license, and said hearing may be adjourned from time to time by the Borough Council. In case any license is suspended or revoked, the licensee shall not be entitled to a refund of any part of the license fee theretofore paid.
This chapter shall not apply to any church or fraternal order, or other nonprofit making association, which operates or maintains any pool tables or billiard tables solely for the use and recreation of its own members.
[Amended 2-15-1982]
Any person violating any of the provisions of this chapter shall, upon conviction thereof, be subject to a fine not exceeding $500, or imprisonment not exceeding 90 days, or both.