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.
JUKEBOX
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.
OPERATOR
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.
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:
A. The name and address of the applicant and whether the applicant is
an individual, partnership or corporation.
B. 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.
C. 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.
D. A full description of the device or devices to be used by the applicant
and made available to the public.
E. 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.
F. 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.
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.
[Amended 7-5-2017 by Ord.
No. 2017-5]
A. 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.
B. 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.
C. 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.
D. 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.
E. 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.
F. 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.
G. No operator shall permit the noise level on any licensed premises
to interfere with the reasonable use of any adjacent structures.
H. 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.