[HISTORY: Adopted by the Township Committee of the Township of Winslow 11-25-14 as Ord. No. O-2014-028. Prior Chapter 80 was deleted and replaced by Ord. No. O-2014-028. Amendments noted where applicable.]
This chapter is effective January 1, 2015.
The purpose of this section is to license, regulate and control those automatic amusement devices which are operated for the purpose of making a profit.
The objective of this section is to regulate the business of amusement devices so as to prevent nuisances to patrons and the public, fire hazards from overcrowding, poor ingress and egress of premises where amusement devices are located, loitering, or the creation of an unhealthy atmosphere for the youth of the community or other foreseeable undesirable effects of such devices.
As used in this section:
- COIN-OPERATED AMUSEMENT DEVICE
- Any amusement machine or device operated by means of the insertion of a coin, token, or similar object, for the purpose of amusement or skill and for the playing of which a fee is charged. The term does not include vending machines in which there are not incorporated gaming or amusement features, nor does the term include any coin-operated mechanical musical devices.
- Any person who, as the owner, lessee, or proprietor has under his or its control any establishment, place or premises in or at which such device is placed or kept for use or play, or on exhibition for the purpose of use or play.
No person shall engage in the business of a proprietor of coin-operated amusement devices without first having obtained the proper license.
Application for a license shall be filed in writing with the Township Clerk on a form to be provided by the Township, and shall specify:
The name, address and email address of the applicant, and if a firm, corporation, partnership or association, the principal officers thereof and their addresses.
The address of the premises where the licensed devices are to be operated, together with the character and trade name of the business as carried on at such place.
Type and number of devices to be licensed.
The name and address of the owner of the device, if other than the proprietor.
The proper license fee shall accompany such application.
The license fee for each proprietor as herein defined shall be fifty dollars ($50.) per year per device used or played or exhibited for use or play at any single location. All proprietors' license fees shall be payable annually in advance. In no case shall any portion of the license fee be refunded. Replacement of any coin operated amusement device during the course of a license year shall not result in an additional fee.
The application for a license shall first be referred by the Township Clerk to the Chief of Police to work with the applicant to determine the appropriate security measures, and thereafter will be referred to the governing body for approval. If the application is approved by the governing body, the license shall be issued by the Township Clerk, and the Township Clerk shall remit the fee to the Township Treasurer. If the license is denied, the fee shall be returned to the applicant.
An application shall be denied if previous experience in this or adjacent communities indicates that the issuance of a license would result in rowdyism, litter, vandalism, riots, a public nuisance or related problems affecting the public health, welfare and safety.
All licenses under this section shall be issued for one (1) year: January 1st and shall expire on December 31st. There will be no proration of fees. Any proprietor failing to renew a license or licenses, under this section, by January 31st shall be charged an additional one hundred dollars ($100.) for each machine.
The license shall be posted in a conspicuous place in the establishment of the licensee.
The license shall be non-assignable and nontransferable, and in the case of a proprietor shall apply only to the premises for which the license is issued.
A condition for approval for the license is that all municipal taxes, liens and fees have been paid.
The governing body shall have the right to revoke any license issued for failure to maintain order and decorum, or conducting a licensed function in such a manner as to create a public nuisance or hazard to the general public, or for failure to comply with this section or other applicable Township ordinances and regulations. Such revocation will occur upon at least ten (10) days' written notice and opportunity for a hearing to the proprietor unless the Chief of Police or other appropriate Township official determines that due to emergency circumstances, suspension of any license issued under this chapter is appropriate. In such a case, a notice and hearing shall be scheduled for the next regularly scheduled public meeting of the governing body which is no less than ten (10) days from the time of such suspension.
In case a proprietor licensed under the provisions of this section desires, after the expiration of any portion of any license year, to increase the number of devices to be used or played, or exhibited for use or play in his establishment, he shall surrender his license to the Township Clerk who shall issue a new license showing the number of devices licensed thereunder, upon payment of the proper license fee.
The proprietor shall be responsible for refunds of monies deposited in malfunctioning machines. All malfunctioning equipment shall be disconnected with the coin slot taped.
Games of skill or chance may be conducted under any license issued pursuant to the provisions of the Bingo Licensing Law (N.J.S.A. 5:8-24) and the Raffles Licensing Law (N.J.S.A. 5:8-50) and in accordance with the rules and regulations of the Legalized Games of Chance Control Commission notwithstanding the provisions of this chapter.
Any person who violates any provisions of this chapter shall, upon conviction thereof, be punished by a fine not exceeding five hundred dollars ($500.) or by imprisonment for a term not exceeding ninety (90) days, or both. Each day that a violation occurs or is committed shall constitute a separate offense.