[HISTORY: Adopted by the Mayor and Council of the Borough of Penns Grove 12-20-1983 by Ord. No. 83-11 (Ch. 82 of the 1986 Code). Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- COMMERCIAL AMUSEMENT DEVICE
- Any machine which may be operated for entertainment or amusement in public, whether the machine is coin operated or not or whether or not it registers a score or tallies. This definition shall include, but not be limited to, pinball machines, bowling machines, mechanical grab machines, billiard tables and electronic games. The above listing is intended to be typical and shall not be construed as exclusive.
- A coin-operated phonograph where the choice of numerous songs is available.
- LICENSED PREMISES
- Premises on which are located three or more commercial amusement devices which are used by the public, subject to the following exclusions:
- A. Any fraternal, charitable organization or private business which is licensed for the sale or consumption of alcoholic beverages need not apply for a premises license; however, said organization or business shall not be exempt from the annual license fee as set forth below for each machine on the premises.
- B. No portion of this chapter shall apply to an individual operating any type of amusement device, vending machine or jukebox, which operation is confined to that individual's private dwelling and not operated for profit.
- C. No portion of this chapter shall apply to the operation of any type of amusement device, vending machine or jukebox which is located in the Borough as part of a carnival, circus, fair or similar form of temporary entertainment.
- Any person, firm, partnership, corporation or association in whose place of business three or more commercial amusement devices are placed or kept for operation or use by the public.
- VENDING MACHINE
- Any coin-operated machine from which consumable items are dispensed when coins or currency is inserted into the machine.
No license shall be granted for any premises where no emergency fire exit is provided.
No license shall be issued unless the premises has been inspected as to fire prevention and fire safety and approved by the Fire Marshal for such use.
No license shall be granted hereunder for any premises where the applicant or any officer or stockholder of an applicant corporation shall have been convicted of a crime, disorderly persons offense or a violation of a Borough ordinance involving gambling; provided, however, that the Borough Council may, in its discretion, grant the license when such conviction shall have preceded the date of the application by five years or more or, upon application by the applicant for a removal of the disqualification, the Borough Council may, in its discretion, grant a license hereunder.
No license shall be issued to any person until all federal and state laws and Borough ordinances relating to the premises have been complied with.
No commercial amusement device, vending machine or jukebox shall be operated unless the owner or operator of said machine shall have first paid the required fee, received the required license and displayed the license as set forth hereinafter.
All license applicants must be at least 18 years of age and shall submit in writing to the Borough Clerk of Penns Grove the following information:
The name and address of the applicant and whether the applicant is an individual, partnership or corporation.
The age of the applicant, of each partner if a partnership and of each of the principal officers of the corporation if the applicant is a corporation.
The prior criminal record of the applicant, if any, setting forth the date or dates of conviction, the nature of the violation and the jurisdiction in which the violation occurred. If the applicant is a partnership, the same information shall be supplied for each partner, and if the applicant is a corporation, this information shall be supplied for each of the principal officers of said corporation.
A full description of the device or devices to be used by the applicant and made available to the public.
The street number and description of the area where the machines are to be operated stating the floor or floors of the premises and attaching a sketch of the rooms or areas involved. Such sketch shall be drawn to scale with the scale set forth on the sketch and shall designate all exits, windows and storage spaces to be used in the operation.
A sketch showing the location of all structures and designating the owners of said structures within 200 feet of the proposed operation. Such sketch shall also designate prominent landmarks within the two-hundred-foot radius; be drawn to scale, with the scale set forth in the sketch; and show all streets and proposed areas of off-street parking to be utilized by the general public for said operation.
An operator of a licensed premises shall be charged a fee of $1,000 per annum, which fee shall be submitted with the application for the operation of the premises. Once an operator's application has been approved by the Mayor and Council, the Borough Clerk shall issue a license, which license shall be prominently displayed on the premises.
A fee of $15 per annum shall be charged for each commercial amusement device located on the premises for any portion of the calendar year beginning January 1 and ending December 31. For each machine for which a fee is paid, the Borough Clerk shall issue an annual license, which license must be displayed on said machine in a prominent location, readily visible to members of the public and enforcing officials. Each such license shall be nontransferable and shall designate thereon an identification number or serial number of the machine for which it has been issued.
A fee of $15 per annum shall be paid for the operation of each vending machine or jukebox located on any premises for any portion of a calendar year beginning January 1 and ending December 31. For each machine for which a fee is paid, the Borough Clerk shall issue an annual license, which license must be displayed on said machine, readily visible to the public and any enforcing official. Each such license shall be nontransferable and shall designate thereon an identification number or serial number of the machine for which it has been issued.
[Amended 7-5-2017 by Ord. No. 2017-5]
The Borough Clerk shall then submit the completed application to the Mayor and Council for review at their next regular meeting, wherein a determination shall be made as to whether or not the applicant has complied with all regulations.
No commercial amusement device, as defined herein, shall be located within 1,000 feet of any school premises or 500 feet of any church premises.
No license issued pursuant to this chapter shall be transferable from one place to another, from one operator to another or from one machine to another.
An operator shall annually renew a premises license by filing notice with the Borough Clerk between October 1 and November 1 of any calendar year preceding the calendar year for which said license is to be renewed. The notice shall be accompanied by payment of the annual fee.
The annual fee for each commercial amusement device, vending machine and jukebox shall be due and payable on or before January 10 of the calendar year in which the said machines are operated. A fee for any new or replacement machines shall be payable when said machines are brought to the operator's premises, and there shall be no refund or credit given for any machines removed from the premises during any portion of the calendar year.
Any objections to the renewal of an operator's license shall be filed with the Borough Clerk. All objections shall be in writing and signed by the individual or entity making the objection. A hearing on the objection to renewal shall be held upon at least 10 days' notice to the licensee and the person objecting on or before October 1 in the year immediately preceding the year for which the operator seeks renewal. Notice of the hearing shall be published at least once in a newspaper circulating within the Borough, no less than 10 days prior to the hearing. All hearings shall be conducted by the Mayor and Council at a special meeting convened solely for the purpose of hearing objections and deciding the issue of renewal. If a majority of the Mayor and Council determines that the operator has violated the terms and provisions of this chapter and that such violations are likely to continue, then the operator's license shall not be renewed. In rendering its decision, the Mayor and Council shall set forth in writing their findings of fact, conclusions and reasons therefor. A copy of their decision shall be sent to the operator and person or persons who filed objections within 20 days of the hearing's conclusion. Any licensee shall be entitled to continue the operation of the licensed premises pending the decision of the Mayor and Council.
[Amended 7-5-2017 by Ord. No. 2017-5]
All commercial amusement devices, vending machines and jukeboxes accessible to the public on any licensed premises shall be arranged so as to permit a clear view of the interior of the room or rooms involved from the exterior of the operator's premises at all times.
No operation of any commercial amusement device in a licensed premises shall be permitted between the hours of 10:00 p.m. and 9:00 a.m.
Shooting galleries where guns or firearms are used for a consideration to win a prize or otherwise shall not be licensed or permitted within the limits of the Borough.
No operator shall offer or permit to be offered any prizes or awards, whether in cash or otherwise, as an inducement to the use of said machines.
No operator shall permit any person using a commercial amusement device to operate the same for any gambling purpose prohibited by law. In the event that it is determined, judicially or by admission of the operator, that any commercial amusement device is being operated as a gambling device, the machine may be confiscated and destroyed or sold at public auction, and the license of the operator may be revoked after a hearing.
No operator shall permit any minor under the age of 16 years, unaccompanied by a parent, on the business premises while school is in session nor to remain on the premises after 9:00 p.m.
No operator shall permit the noise level on any licensed premises to interfere with the reasonable use of any adjacent structures.
Every commercial amusement device, vending machine and jukebox required to be licensed under this chapter shall have permanently affixed thereto an individual identification number or serial number, which number shall not be transferable from one machine to another. All such identification or serial numbers shall be located on said machines immediately adjacent to the location on such machine where the machine's license shall be displayed. The identification number or serial number and license shall both be in such a position that they may be readily reviewed and compared by members of the public and enforcing officials.
[Amended 6-17-1986 by Ord. No. 86-5; 7-5-2017 by Ord. No. 2017-5]
Any operator violating this chapter shall, upon conviction, be subject to a penalty as provided in § 1-2 of this Code.