[Adopted 6-30-1980 by Ord. No. 80-13; amended in its entirety 12-1-1980 by Ord. No. 80-31 (Ch. 70, Art. II, of the 1985 Code)]
[1]
Editor's Note: See also §§ 133-19 and 133-20, regarding penalties and enforcement.
As used in this article, the following terms shall have the meanings indicated:
COIN-OPERATED AMUSEMENT DEVICE
Any automatic, mechanical or electronic amusement device, game or device of skill or entertainment which is or are operated or set in motion by the deposit therein of any coin or coins, tokens or slugs or the like thereof purchased for cash, and including video-type games or machines or similar devices that use a display screen for points, lines or dots of light that can be manipulated to simulate games or other types of entertainment. Excluded from this definition are music vending machines commonly known as "jukeboxes."
A. 
No person, firm or corporation shall install, place, maintain, operate or possess in any store, place of business, building, public place or quasi-public place wherein the public is invited or may enter, any coin-operated amusement device within the limits of the Township of Washington without first applying for and obtaining a license therefor for each and every coin-operated amusement device to be installed.
B. 
Notwithstanding anything contained in this section to the contrary, there is hereby exempted from the licensing fee requirements all organizations, associations and corporations not for profit, organized pursuant to the provisions of Title 15 of the New Jersey Revised Statutes or otherwise, whose primary activity is religious, educational, eleemosynary or fraternal; provided, however, that such organizations, associations and corporations shall not maintain, place or install more than two coin-operated amusement devices in or about any single premises or location.
A. 
A separate application for each coin-operated amusement device shall be filed, together with the appropriate fee therefor, with the Municipal Clerk, which application shall state or include the following:
(1) 
The name, age and address of the owner and/or lessor of the coin-operated amusement device and the name and address of the bailee or lessee of such device.
(2) 
A sketch indicating the location of the premises, approximate interior dimensions and proposed placement within the premises of said devices that are to be installed, used or kept.
(3) 
The name and address of the owner of such premises.
(4) 
Specific description of the type of coin-operated amusement device sought to be licensed, together with its serial number or other means of identification. All replacement machines shall be similarly reported to the Municipal Clerk within 10 days of installation.
B. 
The truth of the information submitted in any application under this section shall be sworn to, and any willful misstatement therein shall be considered a violation of this article and shall subject the offender to the penalties provided.
A. 
Upon receipt of an application for the license under this article, the Police Chief shall conduct an investigation into the nature of the device to be licensed and the location at which such device is to be used.
B. 
In the event the Municipal Clerk determines that such application is in violation of this article, or in the event it is determined that the installation of such device at a particular location constitutes a clear and present potential for the disruption of the peace and good order of the Township of Washington, then the Municipal Clerk shall deny such application.
C. 
Upon the Municipal Clerk's denying any application, the unsuccessful applicant shall have the right to appeal such denial to the Council within 10 days of receipt of written denial, by a written notice of appeal served upon the Municipal Clerk. The Council shall schedule a hearing on such appeal within 30 days thereof and issue its decision within 30 days after such hearing.
No more than two licenses shall be issued for the placement, installation, maintenance, operation or possession of coin-operated amusement devices in or about any single premises or location.
A. 
Each device shall be located at least five feet from the entranceway to said premises and placed so that it does not obstruct or interfere with the free and unfettered passage of patrons or users of the premises.
B. 
Such devices may only be used or operated during the hours of operation of the premises upon which they are located.
C. 
Not more than 5% of the total area of the premises within which such devices are located may be used for the installation, keeping or operation of said devices.
[Amended 11-7-1988 by Ord. No. 88-31; at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
Licensing of devices shall be on an annual basis. The annual license fees are set forth in Chapter 212, Fees.
A. 
License cards issued pursuant to this article shall specify the location of the premises on which the licensed coin-operated amusement device is to be used or kept, a brief description of the device, the device's number or other means of identification and the name and address of the owner and lessee or bailee of said device.
B. 
All license cards issued pursuant to this article shall be posted and at all times displayed in a conspicuous place at or near the licensed device.
C. 
All licenses issued pursuant to this article shall expire on December 31 of each year. Upon the expiration of the license, the holder shall surrender the license card forthwith to the Municipal Clerk.
It shall be unlawful to install, maintain and use any such coin-operated amusement device for the purpose of giving, directly or indirectly, any prize, return or profit for the use of the device. Any licensee who shall suffer, permit or approve of the use of any coin-operated amusement device for gambling purposes shall be deemed to be guilty of a violation of this article.