[HISTORY: Adopted by the Mayor and Council of the Borough of Raritan as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Bingo — See Ch. 105.
Games of chance — See Ch. 184.
[Adopted 3-19-1956 (Ch. 5 of the 1966 Code)]
[Amended 12-28-1982]
It shall be unlawful to maintain, use, operate or conduct in any public or quasi-public place, or in any building, store or other place wherein the public is invited or wherein the public may enter, in the Borough of Raritan, in the County of Somerset and State of New Jersey, or to permit such maintenance, use, operation or conduct of any coin-operated music box or of any game or device of the type commonly known and designated as "bagatelle," "automatic baseball," "pinball amusement game," "shuffleboard," "bowling alley," "electronic video games," or any other automatic amusement device, without having previously applied for and obtained a license therefor pursuant to the provisions of this article.
A. 
Each application for a license under this article shall be filed with the Borough License Clerk, shall be in writing and shall set forth the name and post office address of the applicant, his age and occupation, the number and kind of devices sought to be licensed, the name and post office address of the owner thereof if not owned by the applicant, the place where the device or devices will be maintained or operated, whether or not the applicant has ever been convicted of a crime or of any violation of a municipal ordinance involving gambling and such other information as the Borough Council may deem necessary.
B. 
All applications shall be accompanied by the appropriate license fee hereinafter provided.
C. 
The term of a license issued pursuant to this article shall run from the first day of January through the last day of December in the year of issue.
[Added 11-25-2014 by Ord. No. 2014-12]
All applications shall be referred to the Police Committee, which shall investigate the character and fitness of the applicant and the place at which the device sought to be licensed is to be maintained or operated, and said Committee shall promptly report to the Borough Council its findings and recommendations. The applications shall thereupon be considered by the Borough Council, which, in its discretion, may grant or refuse the license applied for. Upon the granting of any license, the same shall be promptly issued by the Borough License Clerk, and, if the application is rejected, the fee accompanying the application shall be promptly returned.
[Amended 3-15-1961; 11-28-1972; 12-28-1982; 10-23-2012 by Ord. No. 12-14]
The fee payable for a license issued for one year or any part thereof pursuant to the provisions of this article shall be $75 for any coin-operated music box and $125 for each and every automatic amusement device (including, without limitation, electronic video games).
Each license shall entitle the licensee to maintain or operate the licensed device or devices only at the place designated in the license and shall not be transferable from one person to another. A licensee may be permitted to transfer the license, within the term for which it is issued, to any other location, but he shall first apply for and obtain the consent of the Borough Council to such transfer. A licensee may, within the term for which his license is issued, substitute or exchange for the device maintained or operated by him at the time of granting of his license any other device of like nature or character.
A. 
Each license issued pursuant to the provisions of this article shall state the name and address of the licensee, the nature or character of the device licensed, the name and address of the owner thereof if the same is not owned by the licensee, the amount of the license fee paid therefor and shall briefly state that the device or devices therein designated is or are licensed for operation by the Borough of Raritan.
B. 
Each license shall be prominently displayed near the device thereby licensed.
No license shall be issued pursuant to the provisions of this article to any person who shall have been convicted of a crime or of the violation of any municipal ordinance involving gambling.
A. 
No device, game or amusement licensed pursuant to the provisions of this article shall be used for purposes of gambling or for violating any of the ordinances of the Borough of Raritan or any of the laws of the State of New Jersey or of the United States.
B. 
No person to whom a license shall be issued pursuant to the provisions of this article and no person who shall own, manage, operate or control the place where the licensed game, device or amusement is maintained or operated, or either of their agents, servants or employees, shall allow, permit or suffer any person under the age of 16 years to play or operate any such licensed game, device or amusement except in the immediate presence and with the consent of a parent or guardian of such person under the age of 16 years.
C. 
Any person who shall use or permit to be used any game, device or amusement licensed under the provisions of this article for the purpose of gambling or for any other purpose contrary to the provisions hereof shall be deemed to be guilty of a violation of this article and shall be punishable therefor as hereinafter provided.
A. 
Any license issued pursuant to the provisions of this article shall be revoked by the Borough Council if the licensee shall be found to have been, prior to the granting thereof, convicted of a crime or of the violation of any municipal ordinance involving gambling or shall, after the granting thereof, be convicted of a crime or of the violation of any such municipal ordinance and may be revoked by the Borough Council for any other good cause.
B. 
Upon any proceeding for revocation, written notice of the charges against him shall be served upon the licensee, either personally or by registered mail addressed to his address as the same appears in his application for a license, within not less than five days of the date set for the hearing thereof. Said hearing may be adjourned from time to time.
C. 
In case any license shall be revoked, the licensee shall not be entitled to the return of any part of the license fee.
This article is enacted for the purpose of raising revenue, as well as for the purpose of regulating the maintenance, use and operation of amusement games or devices.
[Amended 9-9-1986; 10-23-2012 by Ord. No. 12-14]
Any person who shall violate any of the provisions of this article shall, upon conviction thereof, be punishable by a fine of not more than $2,000, imprisonment for a period not exceeding 90 days and/or a period of community service not exceeding 90 days, in the discretion of the court.
[Adopted 2-26-2013 by Ord. No. 2013-03]
As used in this article, the following terms shall have the meanings indicated:
POOLROOM OR BILLIARD ROOM
Any public room, place, compartment, parlor, hall or other premises in which one or more pool tables or billiard tables, or any combination thereof, are kept, maintained or operated for use by the general public.
POOL TABLE OR BILLIARD TABLE
Any equipment, device or table on which games commonly known as pool or billiards, or any derivative thereof, are or may be played, whether mechanically, manually or coin operated.
It shall be unlawful for any person or entity to keep, maintain, hold out, or permit the use and operation of any poolroom or billiard room within the Borough unless a license shall first have been obtained.
An application for a poolroom or billiard room license shall be submitted annually to the Borough Clerk on an application form prescribed by the Borough Clerk. All license fees shall be paid at the time of the filing of the application and shall be payable to the Borough of Raritan.
The Borough Clerk shall promptly issue a poolroom or billiard room license upon receiving a complete application together with the prescribed license fees.
All licenses issued hereunder shall be issued for a term of one year from the first day of January in each year and expire on December 31 in the year of issue. The amount of the annual license fee shall be $100 for each pool table or billiard table. No license fee or any part thereof shall be refundable once the license has been duly issued.
All poolrooms or billiard rooms shall be subject to the following conditions:
A. 
The license or licenses herein required shall be posted permanently and conspicuously in the premises wherein the pool tables or billiard tables are to be operated or maintained.
B. 
No license granted in accordance with this article shall be transferable.
C. 
All poolrooms and billiard rooms shall be closed from 12:00 midnight Saturday until 6:00 a.m. Monday.
D. 
No gambling of any kind shall be permitted in any poolroom or billiard room.
A license issued under this article may be revoked by the Borough Council if, after a public hearing, the holder of the license is found to have violated the provisions of this article or the laws of the State of New Jersey. Ten days' advanced written notice of said hearing, setting forth the alleged violations, shall be mailed to the holder of the license.
Any person violating any of the provisions of this article shall, upon conviction, be punished by a fine not exceeding $500 or by imprisonment in the county jail for a term not exceeding 40 days, at the discretion of the Magistrate, who shall impose the penalty, together with the cost of prosecution.