[HISTORY: Adopted by the Mayor and Council of the Borough of Bellmawr 3-16-1972 by Ord. No. 4-72 as Ch. 77 of the 1972 Code. Amendments noted where applicable.]
[Amended 10-12-1976 by Ord. No. 9:11-76]
No person or persons, firm, association, club or corporation shall maintain, operate, conduct or pursue the business or occupation of keeping any public room or place wherein the game commonly known as "pool" or "billiards" is played without having first obtained a license therefor as hereinafter provided. All pool or billiard establishments are hereby declared to be regulated uses.
An application for a license shall be filed with the Borough Clerk, on forms to be furnished by said Clerk, which forms shall include the following information:
A. 
The name and address of the applicant.
B. 
In the case of a partnership, the names and addresses of all partners.
C. 
In the case of a corporation, the names and addresses of the officers, directors and all stockholders presently holding stock and all who, for six months prior to the making of said application, have been officers, directors or stockholders.
D. 
In the case of clubs or associations, the names and addresses of all officers.
E. 
Whether or not the person or persons named in the application have ever been convicted of a violation of any federal, state or municipal law.
F. 
The location of the premises to be licensed.
G. 
The number of pool tables and billiard tables to be located upon the premises to be licensed.
All licenses herein provided for shall be issued by the Borough Clerk upon compliance with the terms hereof only after the payment of the license fee herein provided for. All such licenses shall be valid from the first day of July of the year in which the license is issued until the 30th day of June next after the same is issued, unless sooner revoked.
Such license shall bear the date of issue, the name of the licensee, the purpose for which issued and the location of the room or building wherein the licensee is authorized to carry on and conduct any such business. Such license shall not be transferable by the holder to any other person or persons, firm, association or corporation, but such license may be transferred by the holder to another address, provided that 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 of the Borough of Bellmawr.
The annual fees to be paid for such license are hereby fixed as provided in Chapter 210, Fees.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
A. 
The Mayor and Council of the Borough of Bellmawr 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 or its agents, servants, employees or representatives.
(2) 
Violation of any ordinance of the Borough of Bellmawr upon the licensed premises by the licensee or its agents, servants, employees or representatives.
(3) 
If said license was procured by fraudulent conduct or false statement of a material fact or if a fact concerning the applicant was not disclosed at the time of filing the application where such fact would have constituted just cause for refusing to issue said license.
(4) 
Permitting or suffering any activity upon the licensed premises which is or may 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 hearing thereon shall be served on the licensee, either in person or by certified or registered mail addressed to the licensed premises. No revocation or suspension shall occur unless the licensee shall have been afforded an opportunity to be heard in his defense.
In the event that any license is suspended or revoked, the licensee shall not be permitted the return of any portion of the license fee.
Any premises which shall be declared to be unsafe by the written report of the Building Inspector or a fire hazard by the written report of the Fire Marshal shall be deemed to be ineligible for a license.
[Amended 10-12-1976 by Ord. No. 9:11-76]
No license shall be issued for the operation of any pool or billiard room which is located within 1,000 feet of any school, church or publicly owned building.[1]
[1]
Editor's Note: See also § 260-105, Adult bookstores and motion-picture theaters, pool rooms, billiard parlors and coin-operated amusement centers.
The hours of operation of such pool or billiard rooms shall be between the hours of 9:00 a.m. and the following 1:00 a.m. on weekdays and Saturdays and between the hours of 1:00 p.m. and the following 1:00 a.m. on Sundays.
No person under the age of 18 years shall be admitted to or permitted to play pool or billiards in any licensed premises or to frequent or lounge or congregate or gather in such room or place unless accompanied by his or her parent or guardian.
In no event shall card playing be permitted on premises licensed under this chapter, even if such card playing is for social purposes.
All premises in which the games of pool and billiards are played shall be on the street floor of any building and shall be so arranged and shall be so lighted that a full view of the interior may be had from the public thoroughfare or from adjacent rooms to which the public is admitted at all times.
This chapter shall not apply to any religious, charitable, benevolent or nonprofit association or corporation which operates or maintains any pool or billiard table 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 the terms and provisions of this chapter, nor shall this chapter apply to the keeping of any pool or billiard table in private residences.
There shall be conspicuously posted and displayed in any premises licensed under this chapter:
A. 
The license issued pursuant to this chapter.
B. 
A copy of this chapter, which shall be supplied to the licensee by the Borough Clerk.
C. 
Not less than one sign giving notice that no person under the age of 18 years is permitted upon the licensed premises unless accompanied by his or her parent or guardian.
Any person violating any provision of this chapter shall, upon conviction thereof, be subject to a fine not exceeding $2,000 or imprisonment in the county jail for a term not exceeding 90 days or a period of community service not exceeding 90 days, or any combination thereof, in the discretion of a court of competent jurisdiction. Each and every day that such violation shall continue shall be a further and separate offense under the terms of this chapter, subject to the penalties herein prescribed.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).