Township of Middletown, NJ
Monmouth County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Committee of the Township of Middletown 8-4-1997 by Ord. No. 97-2479 as Ch. 263 of the 1996 Township Code. Amendments noted where applicable.]
GENERAL REFERENCES
Peddling and soliciting — See Ch. 362.
Cigarette vending machines and sale of rolling papers — See Ch. 404, Art. I.
As used in this chapter, the following terms shall have the meanings indicated:
AMUSEMENT, VENDING, NOVELTY AND ALL OTHER KINDS OF MACHINES
Any machine that is operated by placing a coin in the slot that is used for amusement or that is used for the purpose of distributing merchandise (but specifically not including food, beverages or ice) or is used for weighing persons or performing similar or other kinds of services upon the placing of a coin in the slot, and all kinds of machines for said purposes with mechanical operation that furnish any sort of amusement, mechanical or service whatsoever in return for a coin placed in said machine.
OPERATE
To have, keep or maintain upon any premises in the Township any of the vending machines hereinabove described which are in a place of business or any public place open to the public where such machines shall be available to the public, and the word "operate" in connection with such machines shall apply to both the owner of said machines and the owners or occupants of the premises upon which such machines may be located.
It shall be unlawful for any person to operate or maintain any amusement, vending, novelty or other machine without first obtaining a license therefor as hereinafter provided.
[Amended 8-4-1997 by Ord. No. 97-2479]
The license fee for each such amusement, vending, novelty or other kind of machine shall be as set forth in Chapter 240, Fees.
License issued under this chapter shall expire on December 31 of the year for which it is issued, and the fee paid shall be only for such year or portion of the year, regardless of the time the license is issued.
The license fee shall be paid to the Township Clerk, who shall issue such license and issue an identification sticker with a number and the year of the license which shall be affixed to said machine.
The person who obtains such license shall have the same identification sticker displaying the number and the year of the license affixed to said machine, and failure to display said identification sticker on said machine shall be equivalent to operating without any such license having been issued.
[Amended 7-13-1982 by Ord. No. 1509]
Nothing in this chapter shall be intended to include any telephone instrument operated by a slot machine or gas meter operated by a slot machine or any other automatic slot machine meter of any public utility or any machine operated by a nonprofit educational organization as an educational device.
Nothing in this chapter shall be construed to mean that any rights are herein granted to anyone whatsoever to operate any gambling machine or device of any kind whatsoever, and any slot machine or other machine that is a gambling machine or of a gambling nature is not covered by the terms of this chapter and is prohibited.
[Amended 8-22-1988 by Ord. No. 2063; 5-1-2006 by Ord. No. 2006-2876]
Any person adjudicated as having violated any provision of this chapter shall be subject to the penalties in Chapter 1, General Provisions, § 1-4, of this Code.
In addition to the penalties for the violation of this chapter, the Police Department, upon finding that such machine covered by this chapter is operated without a license, shall have the right to take the same in the possession of the Township and hold the same pending the prosecution of the person operating the same.