As used in this Article, the following terms shall have the
meanings indicated:
Any operator of any poolroom or billiard room.
The Director of the Department of Community and Economic
Development in the City of Orange Township or his designee.
The Division of Inspections and Licensing in the Department
of Community and Economic Development, City of Orange Township.
The location, store or building or auxiliary buildings, structures
or appurtenant structures owned or controlled by the applicant.
Refers to any person under the age of sixteen (16).
Any owner or lessee of a poolroom or billiard room.
Any corporation, association, syndicate, joint-stock company,
partnership, club or society or individual.
Any establishment containing more than one (1) pool table
or billiard table, also known as a "billiard room."
The person in whose place of business a poolroom or billiard
room is located.
Any educational institution, public, private, secular or
parochial, which offers instruction of high-school grade or below.
A.
The purpose of this Article is to license, regulate and control the
licensing and use of poolrooms and billiard rooms.
B.
The purpose of this Article is to further regulate poolrooms and
billiard rooms so as to prevent nuisance to patrons and the public,
hazards of overcrowding or the promotion of gambling, loitering or
the creation of an unhealthy atmosphere to the public and the youth
of this community and to review the applicants seeking to maintain
and operate such devices and to inspect the premises where the same
will be located.
No person shall operate or conduct any poolroom or billiard
room in this city as an independent business or in connection with
another business, club, society or organization, whether with or without
charge, without first procuring a license therefor from the Director
as set forth in this Article, upon the written approval of the Chief
of Police, Fire Chief, Health Officer and the Building Official, provided
that this Article shall not apply to any school maintaining such a
room for use by its students or faculty and shall not apply to any
wholly charitable organization using such a room for charitable purposes.
The Director of the Department of Community and Economic Development
or his designee is hereby designated as the licensing official who
shall issue licenses under this chapter to those persons who shall
apply for the same.
An applicant for a license under the provisions of this Article shall obtain and file with the Division a written application on the form provided for that purpose, which shall be subscribed and sworn to by the applicant. A separate application must be filed for each location sought to be licensed. No application will be accepted unless accompanied by an application fee, payable in good funds, in the sum set forth in § 88-1, Schedule of fees. The application may be obtained from and the fee paid to the Director. The application shall include the following:
A.
The name, address and telephone number of the applicant, whether
proprietor, operator or both, including the trade name by which the
applicant does business and the street address of the premises and,
if incorporated, the name registered with the Secretary of State.
B.
The name and address of the registered agent of the applicant or
person upon whom service of process is authorized to be made.
C.
The number of pool tables or billiard tables to be installed on the
premises.
D.
Whether a previous license of the applicant or, if applicable, corporate
officer of the applicant has been revoked within two (2) years of
filing of the application and whether the applicant or any partner,
officer, director or stockholder owning more than ten percent (10%)
of the outstanding shares thereof has been convicted of:
E.
The number and type of alcoholic beverage licenses, where applicable.
F.
The location where each pool table or billiard table is to be located.
G.
Relevant and material information as may be deemed or reasonably
necessary by the Chief of Police for the full protection of the interests
of the patrons or the public in the operation and maintenance of the
premises and machines.
A.
Upon the filing of an original application and/or renewal, the Police
Department shall make an investigation of the premises and the applicant
to determine the truth of the facts set forth in the application as
well as the applicant's business responsibility and moral character
as is deemed necessary for the protection of the public good.
B.
Prior to issuance of any license, the Police Department, Fire Department,
Inspection and Licensing Division or such other subcode officials,
where applicable, as may be deemed necessary shall conduct an investigation
of the premises to determine whether the applicant fully complies
with the pertinent ordinances and regulations of the City of Orange
Township.
C.
The recommendation or denial of each appropriate municipal official
in the Police Department, Fire Department and Inspection and Licensing
Division, as the case may be, must be submitted. in writing, to the
License Clerk, Inspection and Licensing Division, within twenty (20)
days of the date the application was filed.
All licensed premises shall be subject to inspection during
normal business hours by the members of the Police Department and
other representatives of the City of Orange Township.
A.
The Director shall review the application and investigation report
of each applicant. Based upon the recommendations of the appropriate
municipal officials and all relevant facts, the Director shall approve
or deny the application.
B.
If the applicant is approved, the Director shall issue the necessary license upon the receipt of a license fee as herein approved in § 88-1, Schedule of fees, of the Code of the City of Orange Township. The appropriate fee shall be paid to the Division prior to issuance of a license.
C.
If the applicant is disapproved, the Director shall set forth the
reasons for the denial. In the event of an appeal from a denial or
disapproval, the applicant shall give written notice to the City Clerk
of his intention to appeal, which must be made within fifteen (15)
days of the notice of the denial. The appeal shall be by written request
by the applicant to the City Council and shall set forth the basis
for the applicant's objection to the denial and reasons why the license
should be approved. Any municipal officer recommending denial shall
then submit a written report to the City Council to be considered
as evidence with respect to the hearing.
D.
Upon hearing, the City Council may reverse, modify, in whole or in
part, or may affirm the decision. The hearing shall be in the nature
of an administrative proceeding, and the applicant shall bear the
requisite burden of proof to overcome the denial or disapproval of
issuance of the license or permit.
A.
The license for the placing, operation and maintenance or use of any poolroom or billiard room as defined in this Article shall be issued to and in the name of the proprietor of the premises where the poolroom or billiard room is located and shall expire on December 31 next following the issuance thereof. The fee for the issuance of such license shall be provided in § 88-1, Schedule of fees.
B.
A license may be renewed annually by filing such renewal application
on or before November 1 of the following year on a form prescribed
by and directed to the Division. Such renewal application shall not
be filed with the Division until payment has been made of the appropriate
fee for the renewal thereof. The Police Department shall investigate
the renewal application and make a recommendation on reissuance or
denial.
C.
The applicant is responsible for maintaining compliance with all
city codes and regulations. Any changes in ownership, use or other
element as noted in this Article as affecting poolrooms and billiard
rooms shall be immediately reported, in writing, to the Division.
A.
Any license to be issued under this Article shall be issued only
by the Director upon recommendation by the Chief of Police and shall
be granted only after written application made to the Director on
a form for that purpose to be provided by him, which application shall
be filed with him, and only after payment to the Division of the requisite
fee thereof. The licensee shall receive from the Division a license,
in writing, which shall authorize the licensee to operate or conduct
such pool- or billiard room and which shall be displayed to public
view. No business shall be conducted under the authority of such license
until such license has been actually issued and delivered to the licensee
and the fee therefore has been actually paid.
B.
Each proprietor shall at all times display the license granted herein,
which shall be conspicuously posted at the location in the premises
where the poolroom or billiard room is located and shall not be removed
from that location during the period for which said license is issued.
The license shall set forth the name and address of the proprietor
and the license number as assigned by the Division.
A.
No license shall be issued under this Article unless the premises
to be used for a poolroom or billiard room is properly ventilated
and is supplied with sufficient toilet conveniences.
B.
No license for poolroom or billiard room shall be issued except to
a person of good moral character.
C.
All poolrooms and billiard rooms shall be at all times kept in a
clean, healthful and sanitary condition, and all rooms connected therewith,
as well as all stairways and other passages, shall be kept open and
well lighted.
D.
A license shall be issued under this Article only if, in the judgment
of the Police Department, Fire Department, Inspection and Licensing
Division and any other municipal officials, it is determined that
the premises to be licensed is a safe and proper place for the purpose
for which it is to be used.
It shall be the duty of the Fire Chief and Chief of Police or
their designees to order and cause any poolroom or billiards room
to be vacated whenever, in his judgement, any provision of this Article
is being violated therein or whenever any indecent act shall be permitted
or whenever any disorder shall take place therein. When such an action
occurs, a full written report shall be made and submitted to the Division
by the appropriate municipal official.
No pool- or billiard room licensed under this Article shall
be open between the hours of 12:00 midnight and 6:00 a.m., except
upon written permission to the Chief of Police in a form to be provided
by him for such purpose, provided that, when any poolroom or billiard
room licensed under this Article is run in conjunction with a tavern,
such pool- or billiard room shall also observe the opening and closing
hours governing taverns.
It shall be unlawful for any proprietor or operator or his agent,
servant or employee to knowingly permit or allow a person under the
legal age for purchasing alcoholic beverages, as established by the
laws of the State of New Jersey, to play or operate any pool table
or billiard table in any licensed poolroom or billiard room where
the primary use is the sale or consumption of alcoholic beverages.
No person under the legal age for purchasing alcoholic beverages shall
use or operate a pool table or billiard table described in this Article
when said table is placed upon the premises where the primary use
is the sale or consumption of alcoholic beverages. For the purpose
of this section, this prohibition shall not apply to restaurants or
a business where the sole or primary use is other than on- or off-premises
sale or consumption of alcoholic beverages.
No proprietor or operator, by himself, directly or indirectly,
or by any servant, agent or employee, shall permit gambling or the
use, possession or presence of gambling in the operation of a poolroom
or billiard room as licensed herein.
A.
Any time after granting said license, the Director, in the reasonable
exercise of his discretion and for good cause, may cause the suspension
or revocation of any license, including but not limited to misrepresentation
of the information supplied in the application for such license or
renewal thereof, conviction of a crime or violation of any ordinance
or regulation affecting the health. welfare and safety of the patrons
and the public, or the conduct and maintenance of the licensed premises
fostering gambling, obscene and loud language disturbing to the public
or to other patrons of the premises or creating public nuisance, excessive
noise, litter, traffic or rowdiness by patrons, or violation of a
statute involving gambling or a violation of this Article.
B.
A person whose license is revoked or suspended shall be afforded
the right to a hearing before the City Council and the right to be
represented by counsel and to call witnesses at such hearing. The
Police Chief, Fire Chief and other appropriate municipal officials
shall present written reports and testimony as evidence against the
licensee. The governing body shall render its decision by a majority
vote in the form of a resolution within thirty (30) days after completion
of the hearing unless there is an extension of time agreed to by both
the appellant and the City Council.
A license issued under this Article shall in no event be transferable
from one person to another or from one premises to another, and if
a license is terminated in accordance with the provisions of this
Article or upon a voluntary surrender thereof by the proprietor or
operator, there shall be no refund of any license fee heretofore paid.
Any proprietor owning or operating a business lawfully in existence
upon the effective date of this Article shall be deemed to have been
issued a license hereunder, provided that such proprietor and/or operator,
within thirty (30) days after said effective date, submits on a form
prescribed by the Division a record of information of such existing
business.
The Division shall be responsible for collection of application
and license fees and renewals thereof. Payment by an applicant upon
the filing of an application with the Division shall be noted, and
the application shall be routed to the appropriate city departments
for renewal and recommendation or denial.
If any section, subsection, paragraph, sentence or clause of
this Article or any part thereof is for any reason held to be unconstitutional
or invalid or ineffective by any court of competent jurisdiction,
such decision shall not affect the validity or effectiveness of the
remaining portions of this Article or any part thereof.
Neither this Article nor any provision therein contained shall
include or apply to any act which is made a public offense by the
Criminal Code of the State of New Jersey or by any of the laws of
the State of New Jersey or the United States; nor shall this Article
or any provision therein contained authorize or permit or be construed
as authorizing or permitting the keeping, maintaining, possessing,
using or operating in this municipality of any contrivance or device
prohibited by law.
Any person who violates any of the provisions of this chapter
shall, upon conviction thereof, be subject to a fine not exceeding
five hundred dollars ($500.) or imprisonment for a period not exceeding
ninety (90) days, or both.
