[HISTORY: Adopted by the Township Council of the Township
of Denville by Ord. No. 1/63 (Ch.
4, Sec. 4-2, of the 1978 Revised General Ordinances). Amendments noted
where applicable.]
No person shall maintain, operate, conduct or pursue the business
or occupation of keeping any public room or place wherein the games
commonly known as pool or billiards are played without having first
obtained a license therefor from the Township Council as hereinafter
provided.
An application for a license shall be filed with the Township
Clerk, on forms to be furnished by him, which forms shall require
to be included the following information:
A.
The name and address of the applicant;
B.
In the case of a partnership, it shall state the names and addresses
of all partners;
C.
In the case of a corporation, it shall state the names addresses
of all officers, directors and all stockholders presently holding
stock and all who for six months prior to the making of the application
have been officers, directors or stockholders;
D.
In the case of clubs or associations, it shall state the names and
addresses of all officers;
E.
Whether or not the person or persons named in the application have
ever been convicted of a violation of any federal, state or municipal
ordinance;
F.
The location of the premises to be licensed;
G.
The number of pool tables and billiard tables to be located upon
the premises to be licensed.
All licenses herein provided for shall be issued by the Township
Clerk only after a resolution of the Township Council shall have been
adopted approving the application and only after the payment of the
license fee herein provided for. All such licenses shall be valid
from the first day of February of the year in which the license is
issued, until the 31st day of January 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. The license shall not be transferable by the holder to any
other person, 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 Township Clerk and such transfer is approved
by resolution of the Township Council.
The annual fees to be paid for such license are hereby fixed
as follows:
The Township Council may suspend or revoke the license of any
licensee on any one or more of the following grounds:
A.
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;
B.
Violation of any ordinance of the Township upon the licensed premises
by the licensee or its agents, servants, employees or representatives;
C.
If the license was procured by fraudulent conduct or false statement
of a material fact or if a fact concerning applicant was not disclosed
at the time of filing the application where such fact would have constituted
just cause for refusing to issue the license;
D.
Permitting or suffering any activity upon the licensed premises which
is or may be detrimental to the public health, safety, welfare or
morals.
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
his defense. In the event any license is suspended or revoked, the
licensee shall not be entitled to 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 Marshall, shall be deemed to be ineligible for a license.
Licenses issued hereunder shall be renewed annually and prior to renewal
thereof the licensed premises shall be inspected by the Building Inspector
and by the Fire Marshall who shall issue their written reports to
the Township Council. Any unsafe conditions found by the Building
Inspector or the Fire Marshall shall be corrected in a satisfactory
manner before a license hereunder shall be renewed. Applications for
license renewal shall be received by the Township Clerk on and after
December 1 annually and licenses shall be issued only upon resolution
of the Township Council and only upon receipt of the annual license
fee thereof.
[Amended 5-16-1978]
No license shall be issued for the operation of any pool or
billiard room which is located within 200 feet of any school, church
or publicly owned building. Said 200 feet shall be measured in the
normal way that a pedestrian would properly walk from the nearest
entrance of the premises sought to be licensed.
The hours of operation of such pool or billiard rooms shall
be between 9:00 a.m. and 12:00 midnight on weekdays and Saturdays.
All licensed pool and billiard rooms shall remain closed on Sundays.
No person under the age of 18 years shall be admitted to or
permitted to play pool or billiards in any licensed premises or to
frequent or lounge or congregate or gather in such room or place unless
accompanied by his 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.
All premises in which the games of pool and billiards are played
shall be on the street floor of any building and shall be so arranged
and shall be so lighted that a full view of the interior may be had
from the public thoroughfare or from adjacent rooms to which the public
is admitted at all hours.
This chapter shall not apply to any religious, charitable, benevolent
or nonprofit association or corporation which operates or maintains
any pool or billiard table solely for the recreation and amusement
of its members, provided 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 pool or billiard table in private residence.
There shall be conspicuously posted and displayed in any premises
licensed under this chapter:
A.
The license issued pursuant to this chapter;
B.
A copy of this chapter, which shall be supplied to the licensee by
the Township Clerk; and
C.
Not less than one sign giving notice that no person under the age
of 18 years is permitted upon the licensed premises unless accompanied
by his parent or guardian.
