[Ord. No. 17-63, § 1]
No person shall maintain, operate, conduct or pursue the business
or occupation of keeping any public room or place wherein the games
commonly known as "pool" or "billiards," or similar games, are played
without first having obtained a license therefor from the Mayor and
Council as hereinafter provided, except as provided in Section 4-13.
[Ord. No. 17-63, § 2]
An application for a license shall be filed with the Borough
Clerk on forms to be furnished by the Clerk, which forms shall include
the following information:
(a)
The name and address of the applicant.
(b)
In case of a partnership, the names and addresses of all partners.
(c)
In case of a corporation, the names and addresses of the officers,
directors and all stockholders presently holding stock and all persons
holding stock for a period of six (6) months prior to the making of
said application.
(d)
In the case of clubs or associations the names and addresses of all
officers.
(e)
The names, addresses and ages of proposed employees.
(f)
Whether or not any of the persons named in the application have ever
been convicted of a crime and the details thereof.
(g)
The location of the premises to be licensed; size of the room; entrances
and exits thereto; proposed floor plan of arrangement of the tables;
and the location of the room in the building. For the aforesaid purpose,
the applicant shall submit a drawing including all dimensions, but
which need not be drawn to scale.
(h)
The number of pool tables and billiard tables to be located upon
the premises to be licensed.
(a)
When an application is made to renew an outstanding license hereunder,
upon certification by the applicant that all of the information as
required is the same as that contained in the original application,
nor further information need be supplied. If there is any change,
a new application form must be completed in all respects. The Borough
clerk shall provide forms for such renewal applications and certifications.
(b)
Upon receipt of an application to renew an outstanding license as
provided in paragraph "(a)" hereof, the provisions required by section
4-2 shall not apply, but each such renewal application shall require
a resolution of the mayor and council approving such application and
all license fees as required by section 4—8 shall be paid.
[Ord. No. 17-63, § 13]
No license shall be issued until the fulfillment of the following
requirements:
(a)
Upon receipt of an application for a license, the Borough clerk shall
transmit copies thereof to the police chief, chief of the fire department,
building official and health officer, each of whom shall investigate
the applicant and proposed licensed premises in accordance with their
respective jurisdictions. They shall report back in writing to the
Borough clerk their findings of fact and recommendations.
(b)
The Borough clerk shall complete whatever additional investigation
is required by the terms of this article, having a reasonable time
within which to do so, and at the completion thereof shall transmit
to the mayor and council all materials and information in his possession
concerning the license application.
(c)
All premises in which the games of pool and billiards are played
shall be on the street floor of any building.
[Ord. No. 17-63, § 3]
(a)
All licenses herein provided for shall be issued by the Borough clerk
only after a resolution of the mayor and council shall have been adopted
approving said application and only after payment of the license fees
therefor.
(b)
All licenses shall be valid for a term commencing on the 1st day
of February of each year and expiring on the 30th day of January of
the year following, unless sooner revoked.
[Ord. No. 17-63, §§ 4, 15]
[Ord. No. 17-63, § 4]
(a)
No license issued under this article shall be assigned or transferred
from person to person.
(b)
A license issued under this article may be transferred by the licensee
to another address, provided the licensee shall make written application
for such transfer to the Borough clerk and such transfer is approved
by resolution of the mayor and council.
[Ord. No. 17-63, § 5]
The license fee for each pool or billiard room or place shall
be as follows:
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For the first table
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$25.00
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For each additional table
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$5.00
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[Ord. No. 17-63, § 9]
No license shall be issued for premises situated within 200
feet of any public or private school, church or publicly owned building.
[Ord. No. 17-63, § 10]
[Ord. No. 17-63, §§ 11, 12, 13]
The following rules, regulations and prohibited practices shall
be applicable to the operation of the licensed premises:
(a)
No person under the age of 18 years shall be permitted upon the licensed
premises unless accompanied by his parent or guardian.
(b)
No licensee shall permit card playing on the premises licensed under
this article, even though such card playing is for social purposes.
(c)
No person under the age of 21 years shall be employed by the licensee
in any capacity in or upon the licensed premises.
(d)
The licensee shall not admit any intoxicated or disorderly person
into or upon the licensed premises, or permit such person to remain
therein.
(e)
No licensee shall be permitted to conduct his business in a disorderly
manner or contrary to the peace and security of the community. Encouraging
or permitting loitering within the licensed premises or on public
or private property outside of and immediately adjacent to the licensed
premises shall be considered for the purpose of this article as conducting
the business in a disorderly manner.
(f)
No licensee shall permit or allow any person to play pool or billiards,
or similar games, for any money or any other valuable consideration.
(g)
The licensed premises shall be so arranged and shall be so lighted
that a full view of the interior may be had from the abutting public
thoroughfare or from adjacent rooms to which the public is admitted
at all hours.
[Ord. No. 17-63, § 15]
The licensee shall post and display in a conspicuous place in
the premises licensed under this article the following items:
(a)
License issued pursuant to this article.
(b)
Copy of this article given to the licensee pursuant to section 4-6(b).
(c)
At least 1 sign in bold print, not less than 2 inches in height per
letter, giving notice that no person under the age of 18 years is
permitted on the premises unless accompanied by his parent or guardian.
[Ord. No. 17-63, § 14]
(a)
This article shall not apply to any religious, charitable, benevolent,
or nonprofit organization or corporation which operates and maintains
pool or billiard tables solely for the recreation and amusement of
its members, provided that such organization is bona fide in character
and is not intended as a means or device for evading or defeating
the terms and provisions of this article.
(b)
This article shall not apply to the keeping of any pool or billiard
tables in a private residence.
[Ord. No. 17-63, §§ 6, 7]
(a)
In addition to the penalties hereinafter prescribed, the mayor and
council, after notice and hearing, may suspend or revoke the license
of any licensee on any one or more of the following grounds:
(1)
Violation of any of the laws of the state of New Jersey upon the
licensed premises by the licensee, his agents, servants, employees
or representatives.
(2)
Violation of the rules and regulations specifically applying to the
licensed premises herein set forth, or the violation of any other
ordinance of the Borough, upon the licensed premises, by the licensee,
his agents, servants, employees or representatives.
(3)
If said license was procured by fraud, misrepresentation or false
statement of a material fact, or failure to disclose a material fact
at the time of the filing of said application, where such fact would
have constituted just cause for refusal to issue said license.
(4)
Permitting or suffering any activity upon the premises which might
be detrimental to the public health, safety, welfare or morals.
(b)
In all such cases written notice of the charge or charges and the
time and place of the hearing thereon shall be served upon the licensee
either in person or by certified mail addressed to the licensed premises.
No revocation or suspension shall occur unless the licensee shall
have been afforded a full opportunity to be heard in defense of such
charge or charges.
(c)
In the event of revocation or suspension of said license, the licensee
shall not receive a refund of any portion of the annual license fee.
[Ord. No. 17-63, § 17; No. 19-69, § 1]
The provisions of section 1-9 of these Revised Ordinances shall
be applicable to this article.
