[HISTORY: Adopted by the Mayor and Council of the Borough
of Bellmawr 10-12-1976 by Ord. No. 9:10-76. Amendments noted
where applicable.]
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 coin-operated amusement
machines are played without having first obtained a license therefor
as hereinafter provided.
A.
An application for a license shall be filed with the Borough Clerk,
on forms to be furnished by said Clerk, which forms shall require
to be included the following information:
(1)
The name and address of the applicant.
(2)
In the case of a partnership, the names and addresses of all partners.
(3)
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.
(4)
In the case of clubs or associations, the names and addresses of
all officers.
(5)
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.
(6)
The location of the premises to be licensed.
(7)
The number of coin-operated amusement machines to be located upon
the premises to be licensed.
B.
There shall not be allowed more than two coin-operated amusement
devices per establishment.
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 shall be as provided in Chapter 210, Fees.
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
its 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.
No license shall be issued for the operation of any coin-operated
amusement room which is located within 1,000 feet of any school, church
or publicly owned building.[1]
No person under the age of 18 years shall be admitted to or
permitted to play any coin-operated amusement device or machine 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.
This chapter shall not apply to any religious, charitable, benevolent
or nonprofit association or corporation which operates or maintains
any coin-operated amusement machines 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 coin-operated amusement machines in private
residences.
There shall be conspicuously posted and displayed in any premises
licensed under this chapter the license issued pursuant to this chapter.
Any person violating any provision of this chapter shall, upon
conviction thereof, be subject to a fine not exceeding $2,000 or imprisonment
for a term not exceeding 90 days or a period of community service
not exceeding 90 days, or any combination thereof. 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.
