[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.
A.
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.
B.
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:
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:
A.
The name, address and email address of the applicant, and if a firm,
corporation, partnership or association, the principal officers thereof
and their addresses.
B.
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.
C.
Type and number of devices to be licensed.
D.
The name and address of the owner of the device, if other than the
proprietor.
E.
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.
A.
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.
B.
The license shall be posted in a conspicuous place in the establishment
of the licensee.
C.
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.
D.
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.
