[Adopted 8-31-2010 by Ord. No. O-10-19]
It is hereby determined, decided and declared that there exists
within the Township of Freehold a recognized amusement and entertainment
area, according to the usual and customary understanding of such terms,
located on Block 70.10, Lot 2, as shown on the official Tax Map of
the Township of Freehold, which amusement and entertainment center
is presently known and designated as IPLAY AMERICA.
A licensee shall be permitted to install and operate billiard and pool tables within the licensed premises and such billiard or pool table shall be deemed to be amusement games within the meaning of this article. The provisions of Chapter 240 of these general ordinances shall not apply to the maintenance and operation of pool or billiard within the licensed facility. It shall be unlawful for any person, firm or corporation to own, conduct or operate within this municipality any amusement game or games, as said amusement game or games are defined by the Amusement Games Licensing Law (Chapter 109 P.L. 1959; N.J.S.A. 5:8-100 et seq.), as amended from time to time, whether said amusement game or games are of skill or chance, or both, and whether said amusement game is played and operated with or without numbers, symbols or figures, without first having obtained a proper license from the Township Committee of the Township of Freehold. Said license shall be issued subject to the provisions of the Amusement Games Licensing Law and the Revised Amusement Games Regulations, effective April 11, 1966, promulgated by the Office of Amusement Games Control, Department of Law and Public Safety of the State of New Jersey.
Each applicant for such license shall file with the Township
Clerk a written application in such form as prescribed by and in accordance
with said Amusement Games Licensing Law as amended and supplemented
from time to time. Said application shall contain the minimum information
required by N.J.S.A. 5:8-102 and shall require the applicant to furnish
the information required by N.J.S.A. 5:8-103 as amended from time
to time. Each application shall include proposed rules and regulations
designed to govern conduct on the licensed premises and shall state
the number and description of the games to be licensed.
A.
Upon proof of compliance with all applicable requirements, the Township
Committee shall authorize the issuance of a license, to be effective
for not more than one year. By resolution, said license is to be effective
for a term of one year, commencing on the date of issuance and terminating
on December 31 in each year. Said resolution shall specifically recite
that the premises to be licensed are located in a recognized amusement
and entertainment area within the municipality. A certified copy of
the resolution shall be transmitted, together with a copy of the application
and license certificate issued, to the Commissioner of Amusement Games
Control. No license shall be issued unless the applicant has complied
with all of the requirements of N.J.S.A. 5:8-100 et seq. and N.J.A.C
13:1-1.1 et seq., as amended from time to time.
B.
Each license certificate shall be in the form prescribed by the Commissioner
of Amusement Games Control and shall indicate: the name of the licensee;
the address of the licensed premises; the name or description of the
kind of games licensed; the amount of fee paid; a statement of the
hours between which such games may be conducted.
C.
Each license shall be conspicuously displayed at the place where
the game is to be conducted at all times during conduct thereof.
D.
Each licensee shall notify the municipality of any material change
of any relevant fact regarding the License application within 10 days
of the occurrence thereof.
The annual fee for each such license shall be calculated in accordance with the provisions of Chapter 236 of the general Ordinances of the Township of Freehold.
A.
No application for the issuance of a license shall be refused by
the Township Committee until after a hearing is held on due notice
to the applicant at which time the applicant shall be entitled to
be heard upon the qualifications of the applicant and the merits of
the application.
B.
Any license issued under this chapter may be amended upon application
made to the Township Committee, if the subject matter of the proposed
amendment could lawfully have been included in the original license.
The Township Committee shall have and exercise control and supervision
over all amusement games operated or conducted under such license
with all of the powers authorized and granted to it under the Amusement
Games Licensing Law and all amendments and supplements thereto.
In the event any licensee shall violate any of the provisions
of this chapter, the Amusement Games Licensing Law, the rules and
regulations promulgated by the State Amusement Games Control Commissioner
or the specific terms of the license, such licensee shall be a disorderly
person and, if convicted as such, shall in addition to suffering any
other penalties which may be imposed, suffer forfeiture, revocation
or suspension of any license issued under this chapter.
A.
The licensee shall be permitted to operate and conduct any amusement
game on the licensed premises as follows:
(1)
While school is in session:
[Amended 1-29-2013 by Ord. No. O-13-2]
(a)
Mondays through Thursdays: 11:00 a.m. until 12:00 midnight.
(b)
Fridays and Saturdays: 10:00 a.m. until 2:00 a.m.; however,
the operation of all rides must cease by 1:00 a.m.
(c)
Sundays: 10:00 a.m. until 11:00 p.m. (except when the following
Monday is a holiday, then until 2:00 a.m.; however, the operation
of all rides must cease by 1:00 a.m.).
(d)
On the evening before a holiday occurring on a Tuesday through
Friday, closing may be extended to 2:00 a.m.; however, the operation
of all rides must cease by 1:00 a.m.
B.
The determination of holidays for purposes of this section shall
be made based upon the Freehold Township Elementary School System
calendar.
C.
The hours
of operation restrictions of this section may be modified to allow
occasional overnight play ("overnight play") upon written resolution
of the Township Committee pursuant to the following requirements and
regulations:
[Added 9-27-2011 by Ord. No. O-11-24]
(1)
The
licensee shall, at least 21 days before the proposed date for the
overnight play, submit a letter of request ("request") to the Township
Clerk, with a copy to the Chief of Police, setting forth:
(a)
Proposed date and time for overnight play.
(b)
Name, address and contact information of charity or other benefit,
group or organization seeking to hold or sponsor the overnight play
("proposed beneficiary").
(c)
Age range of those expected to participate, excluding chaperones.
(d)
Number of participants expected.
(e)
Number of chaperones who will be present throughout the hours of
the overnight play.
(f)
Name and telephone number of a representative of the licensee who
will be constantly available at the number given throughout the hours
of overnight play.
(2)
The
Chief of Police or the Chief’s designee shall undertake such
review, inquiry or investigation as is deemed necessary by him/her
and shall report to the Township Clerk with a recommendation whether
the Township Committee should grant the request.
(3)
The
Township Committee may act upon the request. Such action, if taken,
shall be by written resolution. If no action is taken, it shall be
deemed that the request is denied. If the Township Committee adopts
a resolution permitting the overnight play, it may impose such restrictions
as it deems appropriate.
(4)
By submitting the request pursuant to Subsection C(1) above, the licensee shall be acknowledging that the grant of a request for overnight play is not a right, but a privilege. In the event the provisions of this Subsection C or the action of the Township Clerk, Chief of Police or his/her designee or of the Township Committee are challenged by the licensee or the proposed beneficiary, all provisions of this Subsection C shall be deemed automatically repealed and of no further force or effect.
As used in this chapter, the following terms shall have the
meanings indicated:
Any game or amusement which is authorized under the provisions
of the Amusement Games Licensing Law.
