Township of Cherry Hill, NJ General Licensing

Editor's Note: Former subsection 6-1.8, Transferability, previously codified herein and containing portions of Ordinance No. 221, was repealed in its entirety by Ordinance No. 2009-1.

§ 6-1.9 Expiration; Fee.

[Ord. #221, § 11, 8-28-50; Ord. #98-21, § 2, 7-13-98; Ord. #99-27, § 1; Ord. #2009-1, 2-9-09]

Every license issued pursuant to the terms of this section shall expire at midnight on December 31 of the year in which it is issued, unless sooner surrendered or, suspended, or revoked; provided, however, that if an application for a renewal has been filed on or before December 31 the taxicab may be operated and the driver may operate a taxicab pending the issuance of a new license, until January 15.

No license fee payable under this section shall be prorated nor shall any part thereof be refunded for any reason unless a license shall be refused.

§ 6-1.10 Suspension; Renewal.

[Ord. #221, § 14, 8-28-50]

The Township Council after notice and hearing may revoke or suspend any license issued pursuant to this section if the licensee has been once convicted of a crime in this or any other jurisdiction or has been convicted of being a disorderly person or of a violation of Title 39, "Motor Vehicles and Traffic Regulations," of N.J.S.A. or who violates any provision of this section or has any judgment unsatisfied against him arising out of an automobile accident or who has made false answers in his application for a license or any renewal thereof, or who has failed to render reasonably, prompt, safe, proper and adequate taxicab service or who has not complied fully with all the requirements of this section with respect to the license.

Any taxicab driver's license may be revoked or suspended by the Township Council after notice and hearing if the licensee has in any degree contributed to any injury to person or damage to property arising out of the negligent operation of a motor vehicle, or if the taxicab driver shall have any infectious communicable or contagious disease.

Any taxicab license may be revoked or suspended by the Township Council after notice and hearing if the taxicab licensed is dangerous to the safety or health of the occupants or others, by reason of unsafe or unsanitary conditions, or if the insurance policy required by subsection 6-1.5 has lapsed, or if the insurance coverage is not maintained at all times, or if the licensed taxicab shall be used for any improper, immoral or illegal business purpose.

§ 6-1.11 Identification.

[Ord. #221, § 12, 8-28-50]

Every taxicab licensed shall have been painted on both sides the words "Taxi" or "Cab" in letters at least three (3") inches high or the name of the operating owner containing the words "Taxi" or "Cab" or "Taxicab".

§ 6-1.12 Hours of Operation.

[Ord. #221, § 13, 8-28-50]

Every application for a taxicab license shall in addition to all of the other requirements contained in this section, contain a statement as to the hours when the taxicab will be in operation for public use, and the failure of any licensee to provide taxi service to the general public during the hours named in the application shall be sufficient cause for revocation of any license.

§ 6-1.13 Schedule of Charges.

There shall also be displayed in the interior of the taxicab a statement or schedule of the charges for the use thereof.

§ 6-1.14 Authority to Create Taxicab Stands.

[Ord. #221, § 15, 8-28-50]

The Township Council is hereby authorized and empowered to establish by ordinance, public taxicab stands in the streets and public places of the Township which they determine to be for the best interest and convenience of the public, and shall cause the same to be clearly and distinctly marked by proper signs setting forth the exact location and boundaries of the public taxicab stands and the number of taxicabs which are permitted to occupy the same at any one time. When such public taxicab stands are so established and designated, no vehicles other than a taxicab duly licensed and authorized to occupy the stands shall drive unto and stop or stand thereto.

§ 6-2 CANVASSERS, SOLICITORS, DISTRIBUTORS, PEDDLERS, TRANSIENT MERCHANTS.

§ 6-2.1 Purpose.

[Ord. #2009-1, 2-9-09; Ord. #2013-26, 11-25-13]

The purpose of this section is to prevent fraud, crimes, undue public inconvenience or annoyance and unethical and/or dishonest canvassing, distributing, peddling or merchandising practice within Cherry Hill Township. All application fees to be charged for the issuance of permits are not to be considered as revenue, but are charges for the purpose of covering the expenses of administering this section.

§ 6-2.1A Permit Required.

[Ord. #264, 11-28-60; Ord. #2009-1, 2-9-09; Ord. #2013-26, 11-25-13]

No person, except as provided for in this section, shall canvass, solicit, distribute or peddle merchandise, printed material or material of an electronic nature from house to house in the Township of Cherry Hill without first having received a written permit from the Chief of Police or his or her designee.

§ 6-2.2 Application.

[Ord. #264, 11-28-60; Ord. #2009-1, 2-9-09; Ord. #2013-26, 11-25-13]

The applicant shall make a written application providing his or her full name, address, date of birth, social security number, height, and weight. The applicant will disclose whether he or she has ever been arrested for, convicted of, a crime or disorderly persons offense. The applicant will also provide the name, address, and telephone number of his or her employer along with a description of the project for which he or she is canvassing, soliciting, distributing, or peddling. Written proof/documentation of any of the above information shall be provided by the applicant.

The applicant shall be fingerprinted and photographed at the headquarters of the Township of Cherry Hill Police Department. Applicants shall only be photographed and fingerprinted on the 2nd and 4th Tuesday of each month. A copy of the fingerprints and photograph shall be affixed to the permit and become a permanent part of it.

§ 6-2.2.1 Fees.

[Ord. #2009-1, 2-9-09; Ord. #2013-26, 11-25-13]

Each application shall be accompanied by an application fee of ninety ($90.00) dollars for each individual applicant to cover the expenses of administering this section. There shall be no group rate regardless of the number of applicants any individual company intends to employ within Cherry Hill Township.

Each permit holder must pay a fee of forty-five ($45.00) dollars to replace any lost, stolen or damaged permit.

§ 6-2.3 Issuance, Expiration and Revocation of Permit.

[Ord. #264, 11-28-60; Ord. #2009-1, 2-9-09; Ord. #2013-26, 11-25-13]

The Chief of Police or his/her designee shall authorize permits to canvass, solicit, distribute, peddle or merchandise upon the applicant's compliance of the terms hereof and the completion of a background check, the results of which are favorable to the applicant. The Chief of Police or his or her designees shall reserve the right to deny the issuance of a permit to an individual based on the results of the applicant's background check. The permits shall bear an expiration date which shall be one (1) year from the date of issuance. The Chief of Police or his/her designee shall refuse to grant permits in all cases where the application or further investigation to be made at the discretion of the Chief of Police or his/her designee shows that applicant is not of good character, or that information is learned or discovered that the applicant is canvassing, soliciting, distributing, peddling or merchandising in fraudulent, dishonest or unethical practices.

§ 6-2.4 Rules and Regulations.

[Ord. #264, 11-28-60; Ord. #2009-1, 2-9-09; Ord. #2013-26, 11-25-13]

No person shall canvass, solicit, distribute, peddle or merchandise any item from house to house in the Township of Cherry Hill, except between the hours of 10:00 a.m. and 5:00 p.m., Monday through Saturday. No person will engage in any of the above activities on Sunday at any time.

Every person issued a permit shall exhibit his or her permit in a conspicuous manner. Upon request by a Township of Cherry Hill official, Police Officer or Township of Cherry Hill resident, every person issued a permit is required to make their permit available for an on-site review.

Every person issued a permit shall be courteous to all persons during the course of canvassing, soliciting, distributing, peddling or merchandising, and shall not annoy or inconvenience or importune any of the residents of the Township of Cherry Hill. He or she will conduct themselves in a lawful manner at all times while participating in the above listed activities.

The fingerprints and photograph affixed to the permit shall not be removed, altered, obliterated, defaced or duplicated in any way.

Every person issued a permit shall notify the Cherry Hill Police Communications Room at (856) 665-1200 if they intend to engage in canvassing, soliciting, distributing, peddling or merchandising and provide the dates and times they intend to do so. Every person issued a permit will provide their name, company name and telephone number and permit number. On occasions where six (6) or more employees will be participating in any of the above-listed activities on any one particular day, a single company representative may notify Police Communications, but must provide the necessary information for him/herself and every other permitted person engaging in the activities listed above.

§ 6-2.5 Exceptions.

[Ord. #264, § 5, 11-28-60; Ord. #280, § 1, 5-8-61; Ord. #2009-1, 2-9-09; Ord. #2013-26, 11-25-13]

This section shall not affect any person engaged in the delivery of goods, wares, or merchandise or other articles or things in the regular course of business to the premises or persons ordering or entitled to receive the same.

This section shall not affect any person:

Who is acting on behalf of a bona fide religious, educational, charitable, fraternal, political or service organization or who is a Township resident under the age of eighteen (18) years;

Who has reported to the Cherry Hill Police Communications Room prior to any canvassing, soliciting or distributing circulars or other matter, from house to house, and has supplied the information required under paragraph a of subsection 6-2.2 together with the name of the organization for which he is acting.

§ 6-3 TEMPORARY VENDORS OF SEASONAL MERCHANDISE. [1]

Editor's Note: Prior ordinance history includes portions of Ordinance Nos. 76-57, 76-60, 90-7 and 91-11.

§ 6-3.1 Permit Required.

[Ord. #76-57, § 1, 11-8-76]

Within the Township of Cherry Hill, no person shall sell seasonal goods, such as Christmas trees, Easter flowers, vegetables, fruits and the like as a temporary use, on premises not occupied by an established business selling such goods in the usual course of business, without having first obtained and validly retaining a permit as hereinafter provided.

§ 6-3.2 Application, Application Fees, Escrow Fees.

[Ord. #99-56, § 1, 10-11-99]

Application for a permit shall be made to the Township Clerk on Township forms and shall include the following:

The name and address of the applicant;

The location, including street address, block and lot, and the size of the site;

The type of sales requested;

Applicant must supply the length of time (dates) requested;

If applicant is not the property owner, written permission from the property owner, to use the site for stated purpose;

A sketch of the property to be used, showing both ingress and egress, as well as, any structure/facility to be located on the site;

A nonrefundable application fee of two hundred ($200.00) dollars;

An escrow fee of three hundred ($300.00) dollars, to insure that the property will be cleaned after sales are completed. The escrow fee will be returned to the permit holder upon certification, by the Property Maintenance Inspector, that the property has been adequately cleaned. If the property has not been adequately cleaned, the escrow will be used to clean the site.

§ 6-3.3 Review, Conditions of Approval, Approval.

[Ord. #99-56, § 1, 10-11-99]

Review. Each application shall be reviewed by the Police Department, the Construction Code Official's Office and The Department of Community Development, to insure that the general health, safety and welfare regarding the proposed use does not adversely impact the community.

Conditions of Approval. No application shall be given final approval without confirmation, from Township Officials, of the following:

All municipal taxes, liens and fees have been paid; and

No violations of any Township Ordinances are outstanding. This shall include, but not limited to, Construction Code/BOCA Code Violations, Zoning Violations, and Property Maintenance Violations.

Approval. Upon review, by the officials and departments noted above, the Director of Community Development, or his/her designee shall have the authority to approve said application and forward the application to the Township Clerk for a Temporary Use License.

§ 6-3.4 License Fees.

[Ord. #99-56, § 1, 10-11-99]

Upon approval of said application, applicant shall pay a non-refundable license fee of fifty ($50.00) dollars, per day of use. The license fees shall not be pro-rated.

§ 6-3.5 Nonprofit Organizations.

[Ord. #99-56, § 1, 10-11-99]

Nonprofit organizations are exempt from payment of the application fee and license fee.

§ 6-3.6 Transferability, Appeal.

[Ord. #99-56, § 1, 10-11-99]

No permit shall be transferable as to person or place or valid for a date not specifically set forth therein.

An applicant whose application is denied or revoked may appeal the action of the Township Clerk to the Cherry Hill Township Director of Operations by filing written notice of such application with the Township Clerk. The Director of Operations shall be controlled by the provisions hereof.

§ 6-3.7 Rules and Regulations.

[Ord. #76-57, § 4, 11-8-76; Ord. #76-60, § 1, 12-13-76]

The Township Clerk and the permit holder shall be governed by the following rules and regulations together with any other pertinent provisions of any other ordinances or statutes.

Zoning. The zoning of the site to be used must provide for such use within that zone except where the applicant is a church or other nonprofit organization, or is the owner of the site.

Capacity. The capacity of the function site for the particular sale shall be determined by the appropriate Township personnel from a structural, fire and general safety standpoint.

Entrance and Exit. Adequate precautions and arrangements shall be made for the orderly entrance and exit of patrons and for their safety.

§ 6-3.8 Violation; Penalty.

[Ord. #76-57, § 5, 11-8-76]

Any person violating the provisions of this section shall, upon conviction, be liable to the penalty stated in Chapter 1, Section 1-5. Each day that any violation continues shall be considered a new and separate violation of this ordinance.

§ 6-4 PUBLIC AMUSEMENTS AND CLUB LICENSES. [1]

Editor's Note: Prior ordinance history includes portions of Ordinance No. 82-26, 91-28 and 95-20.

§ 6-4.1 Definitions.

[Ord. #99-52, § 1, 8-25-99]

Public Amusements -- Public amusements covered by this section shall include but are not limited to:

Theatrical performances, art shows, antique shows, concerts, plays, shows, exhibitions, speeches and lectures;

Circuses, carnivals, fairs;

Dances;

Sporting events;

Closed circuit television programs and exhibitions of motion pictures;

Miniature golf courses;

Arcades and karaoke clubs;

Other events.

CLUBS -- Clubs shall include any commercial establishment which promotes, operates, conducts or encourages any gathering of five (5) or more persons for the purpose of public amusement, diversion, dancing, or exercise and are not licensed by the Alcohol Beverage Control (ABC) Commission of the State of New Jersey. A club, pursuant to the above definition, is a public amusement.

PERIODIC FUNCTION OR SPECIAL EVENT -- Any club or public amusement establishment or organization which conducts or operates a club or public amusement for any single event or series of functions/events which do not exceed three (3) consecutive days.

REGULAR FUNCTION -- Any club or public amusement establishment or organization which conducts or operates a club or public amusement at least three (3) days within a seven (7) day period or a series of functions/events which occur at regularly scheduled intervals, but are not the primary purpose of operation at a permanent place of business.

BUSINESS FUNCTION -- Any club or public amusement establishment or organization whose primary purpose is to operate or conduct a club or public amusement at a permanent place of business may apply for a license not to exceed three (3) months.

SPECIAL BUSINESS FUNCTION -- Those clubs and public amusement establishments or organizations who hold special events in addition to their regularly scheduled business function shall be required to make a separate application for the event and pay an additional fee.

§ 6-4.2 License Required.

[Ord. #99-52, § 1, 8-25-99]

Within the Township of Cherry Hill, no person shall promote, operate, conduct or carry on any club or place of public amusement, diversion or exercise at which an admission, cover charge or charge for the use of facilities is made, without having first obtained and validly retaining a license as herein provided. No license shall be granted without Township officials approval.

§ 6-4.3 Application.

[Ord. #99-52, § 1, 8-25-99]

Application for a license shall be made to the Township Clerk by the person which will receive the major portion of either the gross or net proceeds of the function and shall contain the following information:

The name, address and telephone number of the applicant;

The name, address and telephone number of the owner of the site of the function;

The location/address of the function and the capacity of the function site;

The nature of the function;

A description of the safety and security arrangements for the orderly entrance and exit of patrons and for their safety during the function including policing arrangements for interior and exterior of the function site;

Proof of adequate liability insurance coverage and workmen's compensation coverage;[1]

Editor's Note: For addition of insurance coverage requirements, see subsection 6-4.9c.

Such other information as the license issuing agent may reasonably require;

A copy, certified under penalty of perjury to be true, of any contract or agreement between the applicant and, any other person designated to receive any part of the proceeds of the function.

§ 6-4.4 Application Review.

[Ord. #99-52, § 1, 8-25-99]

The application shall be reviewed by the Department of Community Development, the Tax Collector, the Chief of Police, and/or other applicable Township Officials.

No license shall be granted to an individual or establishment who is not current with property taxes or other municipal fees or liens.

The Chief of Police or his/her designee may establish security/policing requirements.

§ 6-4.5 Fees; Deposit; Term.

[Ord. #99-52, § 1, 8-25-99]

Each application shall be accompanied by a nonrefundable application fee of fifty ($50.00) dollars together with additional fees in accordance with the following schedule, which fees shall be refunded if the license is denied:

Fee Schedule:

Capacity	Application	Fee
1 - 150	Periodic function/special event	$75.00/function
	Regular function	$225.00/function
	Business function	$1,000.00/3 months
151-500	Periodic/special event	$100.00/function
	Regular function	$300.00/function
	Business function	$1,500.00/3 months
Over 500	Periodic function/special event	$200.00/function
	Regular function	$600.00/function
	Business function	$2,500.00/3 months
	Special business functions	$100.00/function

Licenses shall be valid only for the time and/or events specified on the approved application.

Out of doors function. Each application for a function to be held out of doors shall be accompanied by a cash deposit of one thousand ($1,000.00) dollars. The deposit shall be returned to the applicant when the lots/site used for the function have been completely cleaned of litter and debris. If the lots are not completely cleaned within twenty-four (24) hours of the close of the function, the Township shall clean or contract to clean the site/lots, charging the cost against the deposit. The balance, if any, shall be refunded. If the cleaning cost exceeds the deposit, a municipal lien shall be placed against the property where the function was held.

In addition to the nonrefundable application fee set forth above, the New Jersey State Fair, the James E. Strates Show, or any show or attraction of like kind, shall be charged an annual license fee of one thousand ($1,000.00) dollars regardless of when the activity is held, and the license shall be valid until December 31 of the year of issuance. This fee is hereby expressly declared to be imposed for revenue and regulation.

The New Jersey State Fair, the Strates Show, or any show or attraction of like kind, shall be entitled to hire Township Police Officers for purposes of "secondary employment" for security at the Fair or Show, for which it shall be required to pay the entire cost of the officer's salary plus the Township's share of any applicable taxes or benefits paid in connection therewith for all officers working at the Fair or Show (overtime rate), and for all officers handling the administration of the schedule preparation and coordination and billing of services (regular rate) and for rental of any equipment as follows:

Deposit of fifty (50%) percent of the amount paid to the Township for these services in the prior year shall be made five (5) working days prior to the opening of the Garden State Fair, the Strates Show or any show or attraction of like kind, and on the fourth day of the Fair or Show the balance due for all services and equipment accrued up to then and projected for the balance of the Fair or Show by the Chief of Police shall be paid. If any additional monies are due to the Township, they shall be paid within five (5) days after close of the Fair or Show or if there are any refunds due, the Township shall immediately process same. If payments are not made as set forth herein, the Township may immediately revoke the license for operation of the Fair or Show.

The aforementioned application and license fee shall be paid and the contract for police services shall be signed prior to the issuance of a license.

§ 6-4.6 Denial; Revocation.

[Ord. #99-52, § 1, 8-25-99]

Past Experience. If previous experience in this community or adjacent or other communities, indicate that the functions sought to be licensed will result in rowdiness, lewd behavior, endangering a minor, litter, vandalism, riots, public nuisance, disorderly conduct or related problem(s) affecting the public health, welfare and safety, the application shall be denied.

Denial. In addition to the foregoing, denial of the application may be based on zoning violations; noncompliance with this section or other Township ordinances, or denial by the appropriate Department Heads.

Revocation. Any license may be revoked by the Township Clerk for failure to maintain order and decorum, for 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 State, County, or Township laws, regulations or ordinances.

No license shall be granted to an individual or establishment who is not current with property taxes or other municipal fees or liens.

§ 6-4.7 Transfer.

[Ord. #99-52, § 1, 8-25-99]

No license shall be transferable as to person, place, or event and is only valid for the date(s) approved.

§ 6-4.8 (Reserved) [1]

COIN-OPERATED AMUSEMENT DEVICE

Editor's Note: Subsection 6-4.8, Appeals, formerly codified as subsection 6-4.6, was repealed in its entirety by Ordinance No. 99-52.

§ 6-4.9 Rules and Regulations.

[Ord. #99-52, § 1, 8-25-99]

The Township Clerk and the license holder shall be governed by the following statutes, rules, and regulations:

Capacity. The capacity of the function site for the particular function shall be determined by the appropriate Township personnel from a structural, fire, and general safety standpoint. No license shall be issued for a greater capacity than has been determined. No capacity shall be permitted greater than that for which a license was issued.

Entrance and Exit. Adequate precautions and arrangements shall be made for the orderly entrance and exit of patrons and for their safety during the function.

Insurance. Proof shall be furnished the Township of liability insurance coverage of at least five million ($5,000,000) dollars comprehensive general liability and workmen's compensation coverage.

No license shall be issued for a carnival, circus, or similar function to be held on any parking lot, unless the parking lot is completely and permanently fenced in. An exception to this provision would be determination from the Fire Marshal and/or the Chief of Police that a fence would present problems in the event an emergency would require the evacuation of the area. If the stipulation for the installation of the fence is removed, the applicant shall, at his expense, have fire department, firemen and security at the scene during all performances.

Safe Premises. Any establishment, organization, or person who holds a valid public amusement or club license shall provide safe premises for their employees, patrons and/or invitees. "Safe premises" includes but is not limited to safe buildings, auxiliary structures, parking lots and ingress/egress, from the above.

No establishment, organization, or person holding a public amusement or club license shall alter, obstruct, control, cause disturbance to or otherwise disrupt the traffic patterns in the areas immediately surrounding the premises.

All establishments shall have adequate security on the premises during all hours of operation.

Every establishment, organization, or person holding a public amusement or club license shall provide safe passage for pedestrians entering or leaving their establishment. "Safe passage" is extended to any roadway in the area surrounding the establishment which patrons must cross enroute/departure, to/from said establishment.

No establishment, organization, or person holding a public amusement or club license shall create or maintain a condition which endangers the safety or health of a considerable number of persons.

§ 6-4.10 Exclusions.

[Ord. #99-52, § 1, 8-25-99]

Specifically excluded from the requirement to pay the fees provided for under the terms of this section shall be:

Functions conducted by bona fide charitable, religious, educational, political, service, civic, fire, and fraternal corporations, companies or associations and nonprofit corporations, where an application is required to be made by such corporation, company, or association pursuant to the terms hereof;

Any function specifically licensed under any other Township ordinance;

Functions conducted by any organization performing governmental functions as an agency of the Township.

§ 6-4.11 Violation; Penalty.

[Ord. #99-52, § 1, 8-25-99]

An individual, organization, or establishment that fails to secure a public amusement or club license when required to do so, and/or is in violation of this section and shall be subject to penalties as outlined in Chapter 1, Section 1-5 within and may be subject to closure and/or a cease and desist order. In addition, any other violation(s) of this section "Public Amusements and Club Licenses," are subject to the penalties as outlined in Chapter 1, Section 1-5, within.

Each day that any violation continues shall be considered a new and separate violation of this section.

§ 6-5 GAMES OF CHANCE ON SUNDAY.

§ 6-5.1 License Required.

[Ord. #77-40, § 1, 7-11-77]

Games of chance, as defined in the Bingo Licensing Law (N.J.S.A. 5:8-24 et seq.), in the Raffles Licensing Law (N.J.S.A. 5:8-50 et seq.), and in Chapter 47 of Title 13 of the New Jersey Administrative Code, may hereafter be conducted in the Township on Sunday by any person holding a valid license to do so duly issued by the Township of Cherry Hill pursuant to and in compliance with the statutes and Code.

§ 6-5.2 Copy Filed.

[Ord. #77-40, § 4, 7-11-77]

A certified copy of this section shall be filed with the Legalized Games of Chance Control Commission.

§ 6-6 COIN-OPERATED AMUSEMENT DEVICES.

§ 6-6.1 Purpose and Objective.

[Ord. #82-27, § 1, 5-24-82]

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, the promotion of gambling, loitering, or the creation of an unhealthy atmosphere for the youth of the community or other foreseeable undesirable effects of such devices.

§ 6-6.2 Definitions.

[Ord. #82-27, § 2, 5-24-82]

As used in this section:

Shall mean 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.

PROPRIETOR

Shall mean 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.

§ 6-6.3 License Required.

[Ord. #82-27, § 3, 5-24-82]

No person shall engage in the business of a proprietor of coin-operated amusement devices without first having obtained the proper license.

§ 6-6.4 Application.

[Ord. #82-27, § 5, 5-24-82]

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 and 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.

§ 6-6.5 Proprietor's License Fee.

[Ord. #82-27, § 4, 5-24-82; Ord. #91-69, 10-28-91; Ord. #99-25, § 1, 2-22-99; Ord. No. 2009-1, 2-9-09]

The license fee for each proprietor as herein defined shall be one hundred fifty ($150.00) dollars 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.

§ 6-6.6 Application Process.

[Ord. #82-27, § 6, 5-24-82]

The application for a license shall first be referred by the Township Clerk to the Governing Body who shall make or cause to be made such investigation as they deem necessary. If the application is approved by the Governing Body, the license shall be issued by the Clerk, and the Clerk shall remit the fee to the Township Treasurer. If the license is denied, the fee shall be returned to the applicant.

§ 6-6.7 Denial of Application.

[Ord. #82-27, § 7, 5-24-82]

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.

§ 6-6.8 Expiration; Late Fee; Display; Nontransferability.

[Ord. #82-77, § 5, 5-24-82; Ord. #99-25, § 1, 2-22-99; Ord. #2009-1, 2-9-09]

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 ($100.00) dollars 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 fee have been paid.

§ 6-6.9 Revocation of License.

[Ord. #82-27, § 8, 5-24-82]

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.

§ 6-6.10 Increasing Number of Devices.

[Ord. #82-27, § 6, 5-24-82]

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.

§ 6-6.11 Malfunctioning Devices.

[Ord. #82-27, § 5, 5-24-82]

The proprietor shall be responsible for refunds of monies deposited in malfunctioning machines. All malfunctioning equipment shall be disconnected with the coin slot taped.

§ 6-6.12 Violations and Penalties.

[Ord. #82-27, § 9, 5-24-82]

Any person eighteen (18) years or older who shall violate any of the provisions of this section shall, upon conviction, be liable to the penalty stated in Chapter 1, Section 1-5. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as hereunder.

§ 6-7 TRANSIENT MERCHANTS AND ITINERANT VENDORS.

§ 6-7.1 Definitions.

[Ord. #2005-17, 9-26-05; Ord. #2008-08, 7-14-08]

TRANSIENT MERCHANTS

As used in this section, means persons, corporations or partnerships, whether principal or agent, who engage in a merchandising business, whether principal or agent, who engage in a merchandising business within New Jersey with intent to close out or discontinue such business within one (1) year from the date of commencement, including those who for the purpose of carrying on such business, hire, lease or occupy any building, structure or railroad car for the exhibition and sale of such goods, wares and merchandise, but nothing in this section shall be construed to affect the sale of fruits, vegetables, farm products, such as meat, poultry, butter, and eggs.

§ 6-7.2 Permit Required.

[Ord. #2005-17, 9-26-05; Ord. #2008-08, 7-14-08]

Within the Township of Cherry Hill no transient merchant shall sell any merchandise on premises not occupied by an established business without having first obtained and validly retaining a permit as hereinafter provided.

§ 6-7.3 Application, Application Fees, Escrow Fees.

[Ord. #2005-17, 9-26-05; Ord. #2008-8, 7-14-08]

Application for a permit shall be made to the Township Clerk on Township forms and shall include the following:

The name and address of the applicant;

The location including street address block and lot and the size of the site;

The type of sales requested;

Pursuant to N.J.S.A. 45:24-3 no permit shall be issued for a period exceeding one hundred eighty (180) days;

If applicant is not the property owner, written permission from the property owner, to use the site for stated purpose;

A nonrefundable application fee of one thousand ($1,000.00) dollars;

A good and sufficient bond with good and sufficient surety, equal in amount to twenty-five (25%) percent of the value of the personal property shown in the application, certifications and/or disclosures, but in no event shall the bond be less than one thousand ($1,000.00) dollars. The bond shall remain in force for one (1) year and be conditioned to indemnify and pay the municipality any penalties or costs incurred in the enforcement of this section, or reimburse any purchaser a sum equal to at least the amount of any payment a purchaser may have been induced to make through misrepresentation as to the kind, quality or value of the property;

At its discretion, the Township official may waive the bond in favor of an escrow account in the same amount and for the same purposes as required above to be held by the Township for a period of one (1) year.

A written instrument nominating and appointing a true and lawful agent with full power and authority to acknowledge service or notice of process for and on behalf of the applicant in respect to any matters connected with or arising out of the license, bond or escrow. Vendor shall include in this written instrument recitals stating that the applicant consents and agrees that service or any notice or process may be made upon such agent and when so made, shall be valid as if personally served upon the applicant according to the laws of this or any other state, and waiving all claim or right of error by reason of such acknowledgement of service or manner of service.

§ 6-7.4 Review, Conditions of Approval, Approval.

[Ord. #2005-17, 9-26-05]

Review. Each application shall be reviewed by the Police Department, the Construction Code Official's Office and the Department of Community Development to insure that use is appropriate for the general health, safety and welfare and does not adversely impact the community.

Conditions of Approval. No application shall be given final approval without confirmation from Township Officials of the following:

All municipal taxes, liens and fees have been paid; and

No violations of any Township ordinances are outstanding. This shall include, but not limited to, Construction Code/IBC Code violations, Zoning violations and Property Maintenance violations.

Approval. Upon review by the officials and departments noted above, Township Council shall have the authority to approve said application.

§ 6-7.5 Nonprofit Organizations.

[Ord. #2005-17, 9-26-05]

Nonprofit organizations are exempt from payment of the application fee and license fee.

§ 6-7.6 Transferability, Appeal.

[Ord. #2005-17, 9-26-05]

No permit shall be transferable as to person or place or valid for a date not specifically set forth herein.

An applicant whose application is denied or revoked may appeal the action of the Township Clerk to the Cherry Hill Township Council by filing written notice of such application with the Township Clerk.

§ 6-7.7 Rules and Regulations.

[Ord. #2005-17, 9-26-05]

The Township Clerk and the permit holder shall be governed by the following rules and regulations together with any other pertinent provisions of any other ordinances or statutes.

Capacity. The capacity of the function site for the particular sale shall be determined by the appropriate Township personnel from a structural, fire and general safety standpoint.

Entrance and Exit. Adequate precautions and arrangements shall be made for the orderly entrance and exit of patrons and for their safety.

§ 6-7.8 Penalties.

[Ord. #2005-17; Ord. #2008-8, 7-14-08]

A fine of two hundred ($200.00) dollars or imprisonment for up to ninety (90) days, or both, to any vendor who fails to comply with the requirements of this section, or makes a false or fraudulent representation in any statement required by this section, or falsely represents by advertising or otherwise that such personal property is in whole or in part damaged goods saved from fire, or makes any false statement as to the previous history or character of such personal property.

§ 6-7.9 Revision Without Ordinance.

[Ord. #2005-17; Ord. #2008-8, 7-14-08]

The penalties and fees provided in this section may be revised without an amending ordinance to conform with any revision of N.J.S.A. 45:24-1 et seq.

§ 6-8 MASSAGE PARLORS, MASSEURS AND MASSEUSES.

§ 6-8.1 License Required.

[Ord. #71-51, §§ 1,2, 12-27-71]

No person shall operate any establishment or utilize any premises in the Township as or for a massage business unless and until there first has been obtained a license for the establishment or premises from the Township Clerk in accordance with the terms and provisions of this section.

No person shall render or perform services as a masseur or masseuse or engage in the business of or be employed as a masseur or masseuse unless and until he or she has obtained a masseur's or masseuse's license from the Township Clerk in accordance with the terms and provisions of this section.

§ 6-8.2 Application.

[Ord. #71-51, § 3, 12-27-71]

Each and every applicant for a license, either for an establishment or premises, to be used for a massage business or for a masseur's or masseuse's license, shall set forth the following information in writing on forms provided by the Township Clerk:

The name and address of the applicant and all former addresses for a period of three (3) years prior to making the application;

The address of the establishment or premises to be used in the massage business and a physical description of the property and facilities, if the applicant desires a license for the establishment or premises;

If the applicant desires a masseur's or masseuse's license, a statement of all employment for a period of three (3) years prior to making the application;

A statement as to whether or not the applicant, or any officer or director thereof, if a corporation has ever been convicted of a crime in this or any other State.

§ 6-8.3 Fee; Late Fee.

[Ord. #71-51, § 4, 12-27-71; Ord. #90-4, 2-12-90; Ord. #91-27, 5-28-91; Ord. #99-23, § 1, 3-8-99]

The applicant for a license for a massage establishment or premises shall pay an annual license fee of two hundred fifty ($250.00) dollars, which license fees shall become due on January 1st annually. The applicant for a masseur's or masseuse's license shall pay an annual license fee of one hundred fifty ($150.00) dollars, which license fee shall become due on January 1 annually.

The license shall be issued for one (1) year, January 1st and expire on December 31st. There will be no proration of fees. Any establishment or individual failing to renew a license, under this section, by January 31st shall be charged an additional twenty-five ($25.00) dollars per license.

A condition for approval for the license is that all municipal taxes, liens and fees have been paid.

§ 6-8.4 Approval of License.

[Ord. #71-51, § 5, 12-27-71]

Each application for a license or the renewal thereof, either to operate a massage establishment or premises or to engage in the business of or to be employed as a masseur or masseuse, which is submitted to the Township Clerk shall be approved by the Township Council before any license is issued.

The Township Council shall not approve the application if, on the basis of the past criminal record of the applicant or of the principals thereof, or on the basis of other evidence of bad character or morals, it shall determine that the granting or renewal of such license would tend to encourage or permit criminal or immoral activities within the Township of Cherry Hill.

§ 6-8.5 (Reserved) [1]

MOTOR VEHICLE SERVICE STATIONS

Editor's Note: Former Section 6-8.5, Prohibited Acts, previously codified herein and containing portions of Ordinance No. 71-51, was repealed in its entirety by Ordinance No. 2011-22.

§ 6-8.6 Exemptions.

[Ord. #71-51, § 7, 12-27-71]

The provisions of this section shall not apply to massage or physical therapy treatments given:

In the office of a licensed physician, osteopath, chiropractor or physical therapist;

In a regularly established medical center, hospital, or sanitarium having a staff which includes licensed physicians, osteopaths, chiropractors and/or physical therapists; or

By any licensed physician, osteopath, chiropractor or physical therapist in the residence of his patient.

§ 6-9 (RESERVED)

§ 6-10 MOTOR VEHICLE SERVICE STATIONS.

§ 6-10.1 Definitions.

[Ord. #374, § 2, 5-13-65; Ord. #2009-1, 2-9-09]

As used in this section:

Shall mean any building or place where gasoline, diesel fuel or oil is used and/or offered to the general public for sale. Including gas stations, garages, auto repair centers and automobile supply stores, including car dealerships with repair garages.

STORED

Shall mean permitted to remain on the lot for more than ten (10) days.

§ 6-10.2 License Required.

No person shall construct, alter, operate or maintain a gasoline or diesel fuel motor vehicle service station within the Township limits except after having a license issued for the above purpose under the provisions of this section.

§ 6-10.3 Applications; Fees; Late Fees.

[Ord. #374, §§ 3, 6, 5-13-63; Ord. #90-3, 2-12-90; Ord. #2009-1, 2-9-09]

Any person desiring to construct or alter a motor vehicle service station shall first make an application in writing to the Township Council for a license for the construction. The application shall contain the following:

The name and address of the applicant;

A plot plan showing:

The location of all buildings on the lot involved;

The size of the floor space in any buildings devoted to or used for the purpose of motor vehicle storage;

CERTIFICATE OF INSPECTION

The existence of any trees, fire plugs, and buildings or structures (identifying the use thereof) on any lot, any part of which is within a radius of two hundred (200') feet from any part of the lot covered by the application;

(d)

The nature of the zoning of the lot covered by the application and all ground within two hundred (200') feet of any portion thereof;

(e)

Whether any public garage or motor vehicle storage building or motor vehicle service station is located on a lot any part of which is within two thousand five hundred (2500') feet of any portion of the lot covered by the application.

The materials used or to be used and the construction of the buildings;

The plans and specifications for the construction of the facilities; and

Any other information required by the Township Council in order to reach a determination as to the acceptance or rejection of the application. Each application shall be accompanied by a check to the order of the Township of Cherry Hill in the amount of two hundred fifty ($250.00) dollars which shall not be returnable. In the event the application is approved, construction or alteration shall be in strict conformity with the application.

Any person or corporation desiring to operate or maintain a motor vehicle service station, gasoline, diesel fuel or oil filling station within the Township during any part of any calendar year shall first make application for a license and pay an annual fee of two hundred fifty ($250.00) dollars. All licenses shall expire on December 31 annually.

Any establishment or individual failing to renew a license, under this section, by January 31st shall be charged an additional one hundred ($100.00) dollars per license.

§ 6-10.4 Hearing.

[Ord. #374, § 4, 5-13-63]

The Township Council shall conduct a public hearing on each application submitted under subsection 6-10.3 at its second regular meeting after the filing of the application.

The applicant shall, at least ten (10) days prior to the time appointed for the hearing, give personal notice of the time, place and purpose of the hearing to all property owners within two hundred (200') feet of the lot affected by the application.

The notice shall be given either by handing a copy to the property owners or by leaving a copy at their residence, if the owners or occupants of the property affected by the application are residents of the Township. Whenever the owners are not residents of the Township, the notice may be given by sending a written notice by certified mail, to the last known address of the property owner as shown by the most recent tax list of the Township. Where the owner is a partnership, service upon any partner as above set forth shall be sufficient. Where the owner is a corporation, service upon any officer as set forth above shall be sufficient.

The applicant shall, by affidavit, present satisfactory proof to the Township Council at the time of the hearing that the notices have been duly served as herein required.

§ 6-10.5 Evaluation of Application.

[Ord. #347, § 5, 5-13-63; Ord. #65-54, § 2, 12-27-65; Ord. #68-14, § 2, 3-25-68; Ord. #69-13, § 2, 5-12-69; Ord. #71-22, § 2]

The following provisions shall be considered by the Township Council in determining whether to approve or reject an application to construct or alter a motor vehicle service station except that where after a hearing it is determined by the Council that the lot has been so affected by condemnation for the construction of a major State highway or is of such a peculiar size, shape or location that its use for other business purposes have been limited with the result that the lot has remained economically unproductive for a minimum of four (4) years, the provisions of paragraphs b and c may be waived:

No motor vehicle service station shall be erected, constructed or altered on a lot any part of which is situate within two hundred (200') feet of any dwelling, public school, hospital, church, theater, auditorium or other place of public assembly seating over one hundred (100) persons.

No motor vehicle service station shall be erected, constructed or altered on any lot, any part of which is situated within two hundred (200') feet of any zone in which such construction is prohibited by the Zoning Ordinance of the Township, unless separated from the zone by a public street or highway right-of-way in excess of one hundred (100') feet wide, or unless written consent of all property owners within two hundred (200') feet of the proposed station and within the zone shall have been filed with the Township Council.

No motor vehicle service station shall be erected, constructed or altered on a lot, any part of which is within two thousand five hundred (2,500') feet of any other motor vehicle service station, public garage or motor vehicle storage building.

All fuel tanks shall be installed underground.

All driveways shall be no less than twenty-five (25') feet from the intersection of the street right-of-way lines and no driveway shall be wider than thirty (30') feet at any point.

A raised concrete curb at least eight (8") inches in height and six (6") inches wide at the top shall be constructed and maintained along all street right-of-way lines except as permitted driveways.

The entire area of the lot to be traversed by any motor vehicles shall be hard surfaced and the balance of the lot shall be landscaped.

No gasoline, diesel fuel or oil pumps or islands shall be within fifteen (15') feet of any street right-of-way line.

No other Township ordinance shall be violated.

No free standing sign permitted by zoning requirements shall exceed fifty (50) square feet in area, nor be less than eight (8') feet above the ground, nor be more than seventeen (17') feet above the ground nor extend beyond the lot lines.

§ 6-10.6 Provisions Waived.

[Ord. #64-55, § 1, 11-23-64]

The provisions of subsections 6-10.3, 6-10.4 and 6-10.5 may be waived by the Township Council in any instance requiring a license solely to alter an existing station, where:

The alterations are directly necessitated by a taking of a part of the motor vehicle service station property by a public body through condemnation or the threat of condemnation; and

The alterations are designed to modernize and improve the station, provided the station, after alteration, shall comply with this section at least to the extent of its compliance before alteration.

§ 6-10.7 Revocation.

[Ord. #347, § 8, 5-13-63]

Any license may be revoked by the Township Council upon hearing, after due notice, for failure to continuously comply with the provisions hereof and all other applicable Township ordinances and regulations.

§ 6-10.8 Rules and Regulations.

[Ord. #347, § 7, 5-13-63]

The following rules and regulations shall be continuously observed by the owner, operator, or maintainer of any motor vehicle service station, whether the same be open, closed, occupied or vacant:

The entire lot shall be continuously maintained and kept free from paper, rubbish and debris.

No motor vehicle may be offered for sale on any lot.

No motor vehicle or any type of salvage or maintenance materials shall be stored outside any buildings.

§ 6-10.9 Interpretation.

[Ord. #347, § 10, 5-13-63]

In interpreting and applying the provisions of this section, they shall be held to be minimum requirements unless otherwise stated. Any restrictions or requirements with respect to building or land or both which appear in other ordinances of the Township or are established by law and which are greater than those set forth herein shall take precedence over those herein; otherwise, the provisions of this section shall apply.

§ 6-10.10 Violation; Penalty.

[Ord. #347, § 9, 5-13-63]

Any person violating any of the provisions of this section shall, upon conviction be liable to the penalty stated in Chapter 1, Section 1-5. Each violation shall be taken and deemed to be a separate and distinct offense.

§ 6-11 PUBLIC GARAGES; PUBLIC VEHICLE STORAGE AND PUBLIC PARKING PLACES.

§ 6-11.1 License Required.

[Ord. #148, § 1, 7-18-42; Ord. #327, § 1, 4-23-62]

No person shall operate or maintain a public garage either enclosed or in the open, or any public vehicle garage or parking lot for a fee, charge or other consideration within the Township without having first obtained a license from the Township Clerk.

§ 6-11.2 Scale Plan.

[Ord. #327, § 2, 4-23-62]

Each applicant for a license shall submit to the Township Chief of Police a scale plan of the property to be licensed, showing the number and location of each parking space and the entrance and exit locations. The Chief of Police or his assistant shall within twenty-four (24) hours thereafter forward the plan to the Township Clerk with his approval unless the plan presents a hazard to the walking or driving public, a hazard to the property or any facilities on the property, or causes undue hindrance to the passage of emergency or fire equipment. The plan shall remain on file with the Township Clerk during the term of the license and no vehicle shall be parked except in accordance therewith.

§ 6-11.3 Issuance.

[Ord. #148, § 2, 7-18-42; Ord. #327, § 3, 4-23-62]

The Township Clerk is hereby authorized to issue a license hereunder upon receipt of the approved plan provided for in subsection 6-11.2 and upon the payment by the applicant of the proper fees herein provided.

§ 6-11.4 Fees.

[Ord. #148, § 5, 7-18-42; Ord. #220, § 1, 8-28-5; Ord. #327, § 6, 4-23-62; Ord. #74-24, § 1, 6-10-74]

The license fees under this section shall be as follows:

An annual fee of ten ($10.00) dollars for every public garage, public vehicle storage place or public parking lot providing facilities for not more than ten (10) vehicles; twenty-five ($25.00) dollars for every public garage, public vehicle storage place or public parking lot providing facilities for not more than eleven (11) nor more than twenty-five (25) vehicles, fifty ($50.00) dollars for every public garage, public vehicle storage place or public parking lot providing facilities for not more than twenty-six (26) nor more than fifty (50) vehicles; one hundred ($100.00) dollars for every public garage, public vehicle storage place or public parking lot providing facilities for in excess of fifty-one (51) vehicles.

The sum of ten ($0.10) cents for each vehicle parked.

The foregoing fees are hereby expressly declared to be imposed for revenue and regulation.

The annual fee established by paragraph a shall be payable in advance. The fee established by paragraph b., shall be payable on or before the fifth day of each month for each vehicle parked during the preceding month, and payment shall be accompanied by a statement, under oath, certifying the number of vehicles parking during the period with such other supporting data as the Township Clerk may require to verify the fee due.

§ 6-11.5 Expiration; Applicability; Transferability.

[Ord. #148, § 5, 7-18-42; Ord. #327, § 4, 4-23-62]

The license shall expire December 31 of the year in which the license is issued and shall apply only to the person to whom granted and shall not be transferable.

§ 6-11.6 Exhibit License.

[Ord. #327, § 5, 4-23-62]

Any person to whom a license is granted shall be required to exhibit the same whenever called upon to do so.

§ 6-11.7 Special Conditions.

[Ord. #327, § 9, 4-23-62; Ord. #356, § 1, 11-26-62]

Every person holding a license to operate or maintain a public garage, public vehicle storage place or public parking lot shall be deemed to hold such license pursuant to the terms hereof, and subject to the following special conditions:

All licensees shall have a sufficient number of guards or attendants on duty to control all entrances or exits at all times during which vehicles are parked, for the purpose of limiting the improper removal of vehicles and directing the traffic flow, unless at each entrance a legible notice is prominently displayed advising the patron that the facility will be unattended during certain specified hours.

All licensees permitting vehicles to be or remain parked during the usual hours of darkness shall provide adequately lighted pedestrian walkways (which may also be used by vehicular traffic) for the safety of patrons.

All licensees who operate parking lots shall maintain the same except for a period of six (6) hours after the termination of any snowfall, in such a manner that the parking and driving surface shall be smooth, rut free and sufficiently hard surfaced that no vehicle shall become mired or stuck.

All licensees shall, during the term of their license, keep on file with the Township Clerk a certificate evidencing the licensees procurement of public liability and property damage insurance with minimum coverage of one hundred thousand ($100,000.00) dollars for each person and three hundred thousand ($300,000.00) dollars for each accident.

§ 6-12 POOL AND BILLIARD ROOMS.

§ 6-12.1 License Required.

[Ord. #380, § 1, 6-24-63]

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 as hereinafter provided.

§ 6-12.2 Application.

[Ord. #380, § 2, 6-24-63]

An application for a license shall be filed with the Township Clerk, on forms to be furnished by the Clerk. The forms shall require to be included the following information:

The name and address of the applicant;

In the case of a partnership, it shall state the names and addresses of all partners;

In the case of a corporation, it shall state the names and addresses of the officers, directors and all stockholders presently holding stock and all who for six (6) months prior to the making of the application have been officers, directors or stockholders;

In the case of clubs or associations, it shall state the names and addresses of all officers;

Whether or not the person named in the application has ever been convicted of a violation of any Federal, State or municipal law;

The location of the premises to be licensed;

The number of pool tables and billiard tables to be located upon the premises to be licensed.

§ 6-12.3 Fees; Late Fees.

[Ord. #380, § 5, 6-24-63; Ord. #74-79, § 2, 12-23-74; Ord. #99-24, § 1, 2-22-99; Ord. #2009-1, 2-9-09]

The annual fees to be paid for a license are hereby fixed as follows: for the first pool or billiard table located upon the premises to be licensed the fee shall be three hundred ($300.00) dollars. For each additional pool or billiard table located upon the premises to be licensed, the fee shall be fifty ($50.00) dollars.

A condition for approval for the license is that all municipal taxes, liens and fees have been paid.

§ 6-12.4 Issuance.

[Ord. #380, § 3, 6-24-63; Ord. #90-84, 1-28-91; Ord. #90-91, § 1; Ord. #91-67, 12-28-91]

All licenses herein provided for shall be approved by Township Council and issued by the Township Clerk upon compliance with the terms hereof, only after the payment of the license fee herein provided for. All such licenses shall become due on January 1 in each year.

The application shall be forwarded by the Township Clerk to the Cherry Hill Police Department for a background check of all persons named in the application. No license shall be considered by Council prior to completion of the background check.

§ 6-12.5 Contents; Transferability.

[Ord. #380, § 4, 6-24-63]

A 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 where the licensee is authorized to carry on and conduct any such business. A 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 the transfer is approved by resolution of the Township Council.

§ 6-12.6 Suspension; Revocation.

[Ord. #380, § 6, 6-24-63]

Grounds. The Township Council may suspend or revoke the license of any licensee on any one (1) or more of the following grounds:

Violation of any State law upon the licensed premises by the licensee or its agents, servants, employees or representatives;

Violation of any Township ordinance upon the licensed premises by the licensee or its agents, servants, employees or representatives;

If the license was issued by fraudulent conduct or false statement of a material fact or if a fact concerning the applicant was not disclosed at the time of filing the application where the fact would have constituted just cause for refusing to issue the license;

Permitting or suffering any activity upon the licensed premises which is or may be detrimental to the public health, safety, welfare or morals.

Notice; Hearing. In all such cases, written notice of the charge and the time and place of hearing 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.

Fee Not Refunded. In the event any license is suspended or revoked, the licensee shall not be permitted to a refund of any portion of the license fee.

§ 6-12.7 Ineligibility.

[Ord. #380, § 8, 6-24-63]

Any premises which shall be declared to be unsafe by the written report of the Construction Code Official or a fire hazard by the written report of the Fire Marshal, shall be deemed to be ineligible for a license.

§ 6-12.8 Location of Premises.

[Ord. #380, § 9, 6-24-63]

No license shall be issued for the operation of any pool or billiard room which is located within two hundred (200') feet of any school, church or publicly owned building.

§ 6-12.9 Hours of Operation.

[Ord. #380, § 10, 6-24-63; Ord. #66-7, § 2, Ord. 74-79, § 3, 12-23-74; Ord. #83-12, § 2, 3-30-85]

The hours of operation for pool or billiard rooms shall be 12:00 noon to 6:00 a.m. from May 1 through October 31 and twenty-four (24) hours a day from November 1 through April 30 of each year.

§ 6-12.10 Card Playing Prohibited.

[Ord. #380, § 12, 6-24-63]

In no event shall card playing be permitted on premises licensed under this section, even if the card playing is for social purposes.

§ 6-12.11 Other Requirements.

[Ord. #380, § 15, 6-24-63]

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 times.

§ 6-12.12 Exceptions.

[Ord. #380, § 14, 6-24-63]

This section shall not apply to any religious, charitable, benevolent or non-profit association or corporation which operates or maintains any pool or billiard table solely for the recreation and amusement of its members, provided the organization is bona fide in character and is not intended as a means or device for evading the terms and provisions of this section, nor shall this section apply to the keeping of any pool or billiard table in private residences.

§ 6-12.13 Information to be Posted.

[Ord. #380, § 15, 6-24-63]

There shall be conspicuously posted and displayed in any premises licensed under this section:

The license issued pursuant to this section.

A copy of this section which shall be supplied to the licensee by the Township Clerk.

Not less than one (1) sign giving notice that no person under the age of eighteen (18) years is permitted upon the licensed premises unless accompanied by his parent or guardian.

§ 6-12.14 Violation; Penalty.

[Ord. #380, § 17, 6-24-63]

Any person violating any of the provisions of this section shall, upon conviction, be liable to the penalty stated in Chapter 1, Section 1-5. Each day such violation shall be continued shall be deemed and taken to be a separate and distinct offense.

§ 6-13 BOWLING ALLEYS.

§ 6-13.1 License Required.

[Ord. #2009-1, 2-9-09]

No person shall maintain, operate, conduct a bowling alley or combination thereof or such other place where the business of bowling is conducted for gain, reward or profit, without first having obtained a license for that purpose as hereinafter provided.

§ 6-13.2 Application.

[Ord. #2009-1, 2-9-09]

Application. An application for a license shall be filed with the Township Clerk, on forms to be furnished by the Clerk. The forms shall require to be included the following:

The name and address of the applicant;

In the case of a partnership, it shall state the names and addresses of all partners;

In the case of a corporation, it shall state the names and addresses of the officers, directors, and all stockholders presently holding stock and all who for six (6) months prior to the making of the application have been officers, directors or stockholders;

In the case of clubs or associations, it shall state the names and addresses of all officers;

Whether or not the person named in the application has ever been convicted of a violation of any Federal, State or municipal law;

The location of the premises to be licensed;

The number of lanes to be located upon the premises to be licensed.

§ 6-13.3 Fees; Late Fees.

[Ord. #2009-1, 2-9-09]

The annual fees to be paid for a license are hereby fixed as follows: two hundred fifty ($250.00) dollars per year and twenty-five ($25.00) dollars per lane.

A condition for approval for license is that all municipal taxes, liens and fees have been paid.

§ 6-13.4 Issuance.

[Ord. #2009-1, 2-9-09]

§ 6-14 FLEA MARKETS.

§ 6-14.1 Permit Contingent Upon Proper Approvals.

[Ord. #91-4, § 1, 3-11-91]

The Governing Body may, by resolution after written application therefor, issue a permit for outdoor operations of a type commonly known as "flea markets" other than temporary uses, provided that the appropriate Planning or Zoning approvals have been given to the applicant.

§ 6-14.2 Fees.

[Ord. #91-4, § 2, 3-11-91]

All applications for flea market permits shall be accompanied by the following fee and shall be filed with the Township Clerk at least thirty (30) days prior to opening, which time period may be waived by the Clerk.

The promoter/organizer of the flea market shall pay a license fee of one thousand ($1,000) dollars per month for the flea market to operate one (1) day per week and one thousand five hundred ($1,500) dollars per month for the flea market to operate two (2) days per week. The fee shall be waived for those tax exempt organizations presenting proof of their tax exempt number.

§ 6-15 TATTOOING AND BODY PIERCING.

§ 6-15.1 Definitions.

[Ord. #97-46, § I, 12-8-97]

BODY PIERCING

Shall mean piercing the skin for the express intention of insertion of any object, including but not limited to jewelry; provided, however, that the piercing of the lobes of the ears shall be specifically excluded from the purview of this section.

Shall mean written approval from the County Health Officer or his authorized representative that said tattooing and/or body piercing establishment has been inspected and meets all of the terms of this section.

CERTIFICATE OF REGISTRATION

Shall mean the certificate held by an operator upon registration with Camden County Health Department by meeting the required provisions of this section.

COUNTY HEALTH OFFICER

Shall mean the Camden County Public Health Coordinator or his authorized representative of Camden County Department of Health and Human Services.

ESTABLISHMENT

Shall mean the premises wherein tattooing or body piercing is performed.

OPERATOR

Shall mean any individual, firm, company, corporation or association that owns or operates an establishment where tattooing or body piercing is performed and any individual who performs or practices the above on the person of another.

TATTOO, TATTOOED OR TATTOOING

Shall mean and refer to any method of placing designs, letters, scrolls, figures, symbols or any marks under the skin with ink dye or any other substance resulting in the coloration of the skin by the aid of needles or any other instruments designed to puncture the skin.

§ 6-15.2 Requirements of Business Licensing and Operator Registration.

[Ord. #97-46, § II, 12-8-97]

It shall be unlawful for any person to engage in the business of operating an establishment where tattooing or body piercing is performed without first obtaining a license from the Township of Cherry Hill to engage in such business in accordance with the provisions hereof. Also, it shall be unlawful for any operator to engage in the practice of tattooing or body piercing without first obtaining a certificate of registration from the Camden County Health Department.

All licenses shall expire on the last day of each calendar year. Any charge of ownership shall require a new application and license with payment of fees therefore.

Each tattooing and body piercing business license issued by the Clerk of the Township of Cherry Hill shall contain a license number and no such license shall be transferable. If a renovation of the tattooing or body piercing establishment is anticipated after acquisition of the annual license, plans must be submitted to the Camden County Health Department and the applicant will be required to comply with the provisions of this section.

Persons applying shall submit to the Camden County Health Department, a medical certificate issued by a physician duly licensed to practice medicine and surgery in the State of New Jersey, stating that the prospective licensee or registrant is free from all contagious or communicable diseases or conditions which may endanger the health of the client.

Municipal License. The annual license fee for engaging in the business of operating a tattooing and/or body piercing establishment within the Township of Cherry Hill shall be fifty ($50.00) dollars per year. Any person, firm or corporation desiring to engage, or presently engaged, in the tattooing or body piercing business shall first apply to the Clerk of the Township of Cherry Hill in writing, on forms supplied by the Clerk of this municipality, for said purpose. The application to the municipality shall be accompanied by the license fee and shall set forth the following:

Name and address of the applicant;

Local and permanent addresses and telephone number of the applicant.

Name, local address and telephone number of the manager of the business if different from applicant;

If the applicant is a corporation, the name and address of its registered agent;

Federal Employer Identification Number if applicant is a corporation, partnership or firm; Social Security Number if applicant is a sole proprietorship;

Certificate of inspection and certificate of operator registration issued by the Camden County Health Department as parts of the application documents.

Operating Registration. An applicant shall submit a floor plan of the establishment to the Camden County Health Officer prior to initiation or construction and shall receive a pre-opening inspection. All establishments shall be subject to a periodic compliance and/or annual inspection by the Camden County Health Department. Every operator shall be registered with the Camden County Health Department and shall acquire a certificate of registration upon payment of a fee prior to business operation or practice.

Fees for a plan review, inspections, and operator registration shall be payable to the County and established by the Camden County Board of Chosen Freeholders. These fee schedules are available from the Office of the County Health Officer.

Nothing in the foregoing shall be construed so as to affect the practice of medicine and surgery or any other recognized profession or occupation by a person duly licensed by the State of New Jersey to engage in such practice, profession or occupation and whose license would lawfully authorize the tattooing or body piercing.

§ 6-15.3 General Provisions.

[Ord. #97-46, § III, 12-8-97]

It shall be a violation of this ordinance for anyone or any tattooing or body piercing business to tattoo or pierce the body of an individual under eighteen (18) years of age without written authorization signed by the parent or legal guardian as witnessed by the operator. The operator shall be responsible for maintaining the original consent form for a period of two (2) years beyond the recipient's eighteenth (18) birthday.

If the applicant is suspected to be under the influence of alcohol, drugs or any other behavior modifying substance, the operator must refuse the applicant

Inquiry shall be made for anyone with a history of recent jaundice, hepatitis B or HIV/AIDS and the person shall not be tattooed or body pierced.

Each person wishing to be tattooed or pierced must fill out an application which will include the name, date of birth, address and telephone number of the client as well as the design and location(s) of the tattoo(s) or piercing(s). The operator shall verify applicable information from a valid photo ID of the applicant and so noted on the application. All records regarding tattooing or body piercing are to be maintained for a minimum of two (2) years.

No person or operator shall state or imply, in any advertisement, that the tattooing or body piercing establishment is endorsed or approved by the Camden County Health Department in compliance with terms of this section.

§ 6-15.4 Sanitary Requirements of Facility.

[Ord. #97-46, § IV, 12-8-97]

No person, partnership, firm nor corporation engaged in the tattooing or body piercing business shall be issued with a municipal mercantile license to engage in such activity unless the premises at which such activity is to be conducted and the equipment to be utilized in conjunction therewith meet the following standards and inspected/approved by the Camden County Health Department.

Each tattooing and/or body piercing facility shall have a bathroom accessible to the client and staff. Each bathroom shall be equipped with a commode and a sink with the sink being connected to hot and cold running water. Soap and sanitary towels, or other approved hand drying devices shall be available at the sink at all times. Common towels are prohibited. In addition to the above, each tattooing or body piercing cubicle or work station must be provided with a sink connected to hot and cold running water. This area shall also be provided with soap and appropriate hand drying devices.

The chair, seat or exam table reserved for the person receiving the tattooing or body piercing shall be of a material that is smooth and easily cleanable and constructed of material that is nonabsorbent. Any surfaces on the chair, seat or exam table that become exposed to blood or body fluids must be cleaned and sanitized prior to use by the next customer.

The work table or counter used by the operator shall be smooth and easily cleanable and constructed of material that is nonabsorbent. There shall be a covered junction between the table/counter and the wall if the table/counter is to be placed against the wall. This table/counter must be cleaned and sanitized or use single-use disposable sheets, utilizing a method approved by the Camden County Health Department, between customers.

The walls and floors in the tattooing or body piercing area shall be smooth and easily cleanable and constructed of nonabsorbent materials.

Lighting within the tattooing or body piercing area shall be adequate so as to provide a minimum of one hundred (100) foot candles in all areas.

The work area reserved for the tattooing or body piercing shall be not less than one hundred (100) square feet and shall be separated from other areas of the establishment by walls or durable partitions extending at least six (6') feet in height.

Any surfaces in the establishment that become exposed to blood or body fluids must be cleaned and sanitized using a method approved by the Camden County Health Department.

Products used in the cleaning, sanitizing and sterilizing procedures must be clearly marked and stored in an acceptable manner. Smaller working containers filled on-site from larger containers must be clearly marked with the name of the product.

Proper waste receptacles shall be provided and waste disposed of at appropriate intervals.

§ 6-15.5 Requirements of Tattooing and Body Piercing Practices.

[Ord. #97-46, § V, 12-8-97]

Tattooing or Body Piercing Operators.

All operators while performing services shall neither be under the influence of alcohol or drug, nor be infected with Hepatitis B, contagious dermatitis or any other communicable disease.

Hepatitis B pre-exposure vaccination or proof of immunity is required for all operators. If a person cannot obtain the vaccination for medical reasons, he/she shall submit to the Camden County Health Department a letter from his/her physician certifying that the individual does not have Hepatitis B and vaccination is contraindicated. This certification shall be annually renewed. Any accidental needle stick injury shall be immediately reported to the Camden County Health Department.

All tattooing or body piercing operators shall attend a training program sponsored by the Camden County Health Department to assure basic knowledge on sterile technique and universal precautions.

Before working on each patron, each operator shall scrub and thoroughly wash his/her hands with hot water and antiseptic soap. The hands shall be dried with individual, single-use towels. Fingernails shall be kept clean and short.

Disposable vinyl or latex gloves shall be worn by the operator during tattooing or body piercing preparation and application to prevent contact with blood or body fluids. Universal precautions as described by the US Centers for Disease Control and Prevention (CDC) shall be followed. All materials shall be disposed of in accordance with waste disposal provisions of this ordinance after contact with each patron. Hands shall be washed immediately after removal of gloves. Any skin surface that has contact with blood shall be washed immediately.

Immediately after tattooing or piercing a patron, the operator shall advise the patron on the care of the site tattooed or pierced and shall instruct the patron to consult a physician at the first sign of infection. Printed instructions regarding these points shall be given to each patron by the operator.

All infections resulting from the practice of tattooing or body piercing which becomes known to the operator shall be promptly reported to the County Health Officer by the person owning or operating the body piercing establishment or by the operator.

Skin Preparation.

Tattooing or body piercing shall be done only on normal healthy skin surface that is free of cuts, wounds, rashes, boils, pimples, moles or infection, or manifests any evidence of unhealthy conditions.

Only safety razors with disposable blades shall be used for the skin preparation. Blades shall be disposed of according to the waste disposal procedure of this section after each use and a new blade used for each patron.

Following shaving, the tattooing area shall be thoroughly cleansed and scrubbed with tincture of green soap or its equivalent and warm water. Before placing the tattoo design or body piercing on the patron's skin, the area shall be treated with seventy (70%) percent alcohol and allowed to air dry. A single-use sponge shall be used to scrub the area.

Only petroleum jelly (U.S.P. or National Formulary) or antiseptic ointment shall be applied to the tattoo area prior to tattooing. The ointment shall be applied in a sanitary manner, disposing of the utensil after spreading. Collapsible tubes of ointment or jelly may also be used.

Design stencils shall be thoroughly cleansed and rinsed in an approved germicidal solution for at least twenty (20) minutes or disposed of following each use.

Only non-toxic dyes or pigments may be used. Pre-mixed sterile materials are preferred. Pre-mixed dyes shall be used without adulteration of the manufacturer's original formula. It shall be the responsibility of the operator to provide certification to the Camden County Health Department of the non-toxicity of the dyes or inks at the time of license application and renewal.

No skin area shall be penetrated, abraded or treated with chemicals for the purpose of removing, camouflaging or altering any blemish, birthmark, scar or tattoo.

Ear piercing guns may not be used for body piercing, but may only be used for piercing of the ear lobes.

Needles, Instruments and Supplies.

All clean and ready-to-use needles, gloves, gauze and instruments shall be kept in a closed glass or metal case or storage cabinet while not in use. Such cabinet shall be maintained in a sanitary manner at all times.

Single service sterilized needles shall be used.

If needles and needle bars are to be reused, these items shall be steam sterilized (autoclave) before reuse on any customer. Any other method of sterilization shall be approved by the County Health Officer.

The sterilizer shall be well-maintained with a tight-fitting gasket and a clean interior.

The manufacturer's operating instructions and the sterilization specification shall be at hand. The operation of the sterilizer shall conform to the manufacturer's specifications with regard to temperature, pressure and time of the sterilization cycle.

Proper functioning of sterilization cycles shall be verified.

Each item to be sterilized shall be individually wrapped using a chemical indicator or strip to verify steam exposure.

Any needle that penetrates the skin of the operator shall be immediately disposed of in accordance with the waste disposal procedure of this section.

If the primary source of sterilization malfunctions, the County Health Officer shall be notified within twenty-four (24) hours. In an emergency situation the Camden County Health Officer may approve alternate sterilization techniques.

Disposal of Wastes.

Needles shall not be bent or broken prior to disposal. Operators shall take precautions to prevent puncture injuries from contaminated needles. Needles shall be disposed of directly into a solid puncture resistant container.

These medical wastes shall be disposed of by an authorized contractor as per the New Jersey Department of Environmental Protection's regulation.

If blood contaminated gloves, gauze and other materials are sterilized by autoclaving, these wastes can be placed for off-site waste collection.

§ 6-15.6 Imminent Closure.

[Ord. #97-46, § VI, 12-8-97]

When it appears to the County Health Officer that the operation of the tattooing or body piercing establishment poses an immediate and imminent threat to the public health and safety such that irreparable harm will occur if the tattooing or body piercing establishment is not immediately closed, the County Health Officer shall have the power to order the immediate closure of the tattooing or body piercing establishment until such time that the violations complained of have been corrected.

§ 6-15.7 Penalty Provisions.

[Ord. #97-46, § VII, 12-8-97]

Any person, partnership, firm or corporation who violates any subsection of this section shall be subject to a fine of not less than two hundred fifty ($250.00) dollars nor more than one thousand ($1,000.00) dollars for each violation of this section or imprisonment in the County jail up to ninety (90) days, or both. Each day that the violation exists is considered to be a separate offense.

Reasonable counsel fees incurred by the Camden County Health Department in the enforcement of this section shall be paid by the defendant. The amount of such reimbursable fees and costs shall be determined by the Court hearing the matter.

In addition to being subject to the penalties provided herein, any license or certificate of registration issued under this section may be revoked or suspended for any intentional misstatement in any application or for any violation of this section. No license shall be revoked or suspended until the licensee has been afforded a hearing. Notice of the filing of a complaint which seeks to suspend or revoke any license or certificate of registration issued under this section shall be served on the defendant personally or on the person designated to receive serve of this section. This notice will establish a date for a hearing to be held not more than ten (10) days from the date of such notice, at which time the defendant shall have the right to be represented by counsel, call witnesses, cross-examine witnesses produced in support of the complaint, as well as such other rights necessary in order to insure due process. Should any license or certificate of registration be revoked or suspended, no part of the license or registration fee shall be returned.

§ 6-16 REDEMPTION AMUSEMENT GAMES.

§ 6-16.1 Definitions.

[Ord. #2009-12, 8-10-09]

The following words and terms when used in this section shall have the following meanings, unless the context clearly indicates otherwise.

AMUSEMENT GAMES LICENSING LAW

Shall mean N.J.S.A. 5:8-78 through N.J.S.A. 5:8-119 inclusive, including any amendments thereto duly enacted subsequent to the effective date of this Chapter.

AMUSEMENT RIDE

Shall mean any mechanical device(s) which carry or convey passengers along, around or over a fixed restricted route or course for the purpose of giving its passengers pleasure, thrills or excitement and as otherwise defined and regulated under the Carnival Amusement Ride Safety Act N.J.S.A. 5:3-31, et seq.

ARCADE

Shall mean a place where a single player may play any one of a number of machines or devices, upon payment of a fee, to attempt to obtain a prize or tickets or tokens redeemable for a prize, or to attempt to attain a score or result upon the basis of which a prize, ticket or token is awarded.

CERTIFICATION

Shall mean a Certification of Permissibility granted by the Control Commission pursuant to N.J.A.C. 13:3-7.1, et seq.

COMMISSION

Shall mean the Legalized Games of Chance Control Commission the successor to the Amusement Games Control Commissioner pursuant to Reorganization Plan No. 004-1992, at 24 N.J.R.4462, November 30, 1992.

COUNCIL

Shall mean the Township Council of the Township of Cherry Hill, County of Camden, State of New Jersey.

LAW

Shall mean Amusement Games Licensing Law N.J.S.A. 5:8-78 through N.J.S.A. 5:8-119 inclusive.

RECOGNIZED AMUSEMENT PARK

Shall mean a commercially operated permanent business open to the public at least thirty-one (31) consecutive days annually, whose acreage is designed and themed for the primary purpose of providing participatory amusements incorporating rides or water slides licensed in accordance with N.J.S.A. 5:3-31 et seq., and food and merchandise concessions in permanent structures.

REDEMPTION AMUSEMENT GAME

Shall mean any amusement game(s), whether of skill or chance, or both, and whether the game is played and operated with or without numbers or figures, played for amusement or entertainment, in which the person or player actively participates and the outcome of which is not in the control of the operator, and which is so conducted that the sale of a right to participate, the event which determines whether a player wins or loses and the award of the merchandise prize all occur as a continuous sequence at the time when and place where the player or players are all present.

REGULATIONS

Shall mean New Jersey Administrative Code Title 13, Chapter 3.

TOWNSHIP

Shall mean the Township of Cherry Hill, County of Camden, State of New Jersey.

§ 6-16.2 License Required to Operate Redemption Amusement Games.

[Ord. #2009-12, 8-10-09]

It shall be unlawful for any person to own or operate within the Township any redemption amusement game without first having obtained a proper license from the Township and the Commission. The license shall be issued only pursuant to the provisions of the Law and this chapter.

Each applicant for such a license shall file with the Township Clerk a written application therefor in the form prescribed by the Commission duly executed and verified together with the fees specified by Law and this section.

Each license issued by the Township shall be inoperative unless the licensee named therein shall also, within ninety (90) days from the issuance thereof and prior to the conduct or operation of amusement games thereunder, procure a State license authorizing the licensee holding the Township license to operate and conduct certain games according to the terms of the Township license.

§ 6-16.3 Issuance of License; Term; Certificate; Display.

[Ord. #2009-12, 8-10-09]

Issuance. Upon the applicant's compliance with all applicable requirements of this section, the Township Council shall by resolution authorize the issuance of a license. Said resolution shall specifically recite the finding of the Township Council that the premises to be licensed are located in a recognized amusement park. Promptly following the date of the resolution, the Township Clerk shall issue the license certificate or certificates authorized thereby and shall forward to the Commission a certified copy of the resolution, a copy of the application, a counterpart original of the license certificate and the license fees payable to the Commission as hereinafter provided.

License Term. Each license issued pursuant to this section shall be for a term of the calendar year which next follows the date of such resolution or if the applicant shall so request, for a term which commences on the date of the resolution and which expires on December 31 next following such date provided, however, that the license so issued shall be inoperative unless and until the licensee named therein shall also, within ninety (90) days from the issuance thereof and prior to the conduct or operation of redemption amusement games thereunder, procure and receive from the Commission, a State license authorizing the licensee holding the Cherry Hill Township license to operate and conduct certain redemption amusement games according to the terms of such Cherry Hill Township license, and any license hereunder shall also be inoperative during any period of suspension or revocation of such State license.

License Certificate.

The license certificate shall be in the form prescribed by the Commission and shall set out on the face thereof:

The name of the licensee;

The address of the licensed premises and such further description or limitation upon the licensed premises as may be provided in the application or the said resolution;

The certification category of the kinds of games licensed and in the case of arcade games, the number thereof;

(d)

The amount of fee paid; and

(e)

A statement of the dates between which and the hours between which such games may be conducted.

Each license certificate shall be issued in triplicate, the original to be delivered to the applicant, with one (1) copy to the Commission, as aforesaid, and the remaining copy to be retained by the Township Clerk.

Display. Each license certificate and all other information required under the Amusement Games Licensing Law to be posted upon licensed premises shall be conspicuously displayed at the place or places where the redemption amusement games are to be conducted, at all times during the conduct thereof.

§ 6-16.4 Separate Licenses Required; Fees.

[Ord. #2009-12, 8-10-09]

There shall be issued to an applicant who shall qualify a separate license for each place at which the licensee is authorized to hold, operate and conduct such redemption amusement games. The annual license fee for each place shall be two hundred fifty ($250.00) dollars. In the event that the license is denied or the application therefor is withdrawn, the Township shall retain twenty-five (25%) percent of the application fee as an investigation fee, and the balance shall be returned to the applicant.

A separate Township license shall be issued for each specific kind of game authorized to be held, operated and conducted on the licensed premises by the licensee, except that a single license may be issued for all games classified under Certification No. 2 (arcade games) pursuant to N.J.A.C. 13:3-7.9(a) 2 and operated in an arcade at a single location.

As a condition of granting an amusement game license the applicant therefor shall pay to the Township an annual fee of two hundred fifty ($250.00) dollars per game for games in Certifications 1 (throw games), 3 (non-draw raffle games), 4 (competitive games), 5 (games of chance-stop and go game), 6 (guessing games), 7 (tests of strength), 8 (miscellaneous games) and 9 (pan game, crazy ball and crazy block).

An applicant who is the owner of an arcade shall pay to the Township an annual fee of two hundred fifty ($250.00) dollars for the first fifty (50) machines in Certification 2, plus an additional fee of ten ($10.00) dollars per machine for each machine in excess of fifty (50) machines operated or to be operated at the arcade.

No licensee shall hold, operate or conduct on the licensed premises any unlicensed game required to be licensed pursuant to the Amusement Games Control Law or the Amusement Games Licensing Law or the Legalized Games of Chance Control Commission Regulations.

§ 6-16.5 License Restrictions.

[Ord. #2009-12, 8-10-09]

No license shall be issued to authorize the operation and conduct of any amusement game in the Township unless the game is:

Played for amusement or entertainment;

One in which the person or player actively participates;

One in which the outcome is not in the control of the operator; and

One which is so conducted that when and where all of the players are present there occurs in continuous sequence:

The sale of a right to participate;

The event which determines whether a player wins or loses; and

The award of a merchandise prize or tokens or tickets which may be accumulated or immediately redeemable for a merchandise prize.

No licensee shall hold, operate or conduct or allow, permit or suffer the holding, operation or conduct of any amusement game on the licensed premises during hours or on days prohibited by municipal ordinance or during hours or on days not authorized by the license as indicated on the license certificate.

Bingo or Raffles. No license shall be issued under the law or this section to authorize the holding, operation or conduct of any bingo game nor for any draw raffle.

Certification Requirements for Amusement Game. No license shall be issued to authorize the holding, operation or conduct of any game not certified as permissible by Commission pursuant to N.J.A.C. 13:3-7, Certification, and any license issued with respect to any certified game shall authorize it to be held, operated and conducted only with the limitations and restrictions of its Certification.

§ 6-16.6 Qualification of Applicant; Conviction of Crime.

[Ord. #2009-12, 8-10-09]

No Township license shall be issued to any applicant if any of the persons required by N.J.A.C. 13:3-1.11 to be fingerprinted in connection with the application are not of good moral character or have ever been convicted of a crime unless the disqualification resulting from such conviction has been removed by the Commission pursuant to P.L. 1962, c.200.

§ 6-16.7 Fingerprinting.

[Ord. #2009-12, 8-10-09]

Each individual applicant, the officers, directors and stockholders (including the officers, directors and stockholders of any corporation holding five (5%) percent or more of the capital stock) of any corporate applicant, as well as the partners or members as the case may be, of any partnership, association, or organization applicant, upon filing of an initial application or any employee of an applicant, may, if so required by the Commission or Township, be fingerprinted under the supervision of the Township Chief of Police.

The fingerprint records so obtained shall be marked "Applicant" and shall be submitted to the Federal Bureau of Investigation and the New Jersey State Police Bureau of Identification and upon receipt of returns from such Bureaus, the Chief of Police shall make a report thereof to the Council, together with a report of any other arrest or conviction record which may be obtained from other sources.

Failure or refusal of any of the above-designated persons to submit to fingerprinting shall be deemed cause for denial of the application.

Any fees for fingerprinting or any other investigations shall be paid for by the applicant.

§ 6-16.8 Employees Qualification.

[Ord. #2009-12, 8-10-09]

No licensee shall employ in any capacity on the licensed premises any person who would fail to qualify as a licensee by reason of conviction of a crime or otherwise.

The licensee may require employees to complete an application or affidavit certifying the employee's eligibility for employment under the terms of this section.

§ 6-16.9 Fingerprinting Employees.

[Ord. #2009-12, 8-10-09]

No licensee shall employ or have connected with him in any business capacity whatsoever any adult person who refuses to submit himself or herself for fingerprinting when required to do so by any agent of the Township or the Commission.

§ 6-16.10 Refusal to Issue License; Notice and Hearing: Amendments.

[Ord. #2009-12, 8-10-09]

In the event the Township determines the license should not be granted, the applicant shall be granted a hearing, held on due notice to the applicant, at which time the applicant shall be entitled to be heard upon the qualifications of the applicant and the merits of the application. Said hearing process shall be established by the Township.

Any license may be amended, upon application to the Township, a copy of which application must be submitted to the Commission, if the subject matter of the proposed amendment could lawfully and properly have been included in the original license, and upon payment of such additional license fee, if any, as would have been payable.

Notice of any such amendment shall be certified to the Commission by the Township within three (3) days, along with a twenty-five ($25.00) dollars amendment fee, payable by the licensee to the Commission.

No licensee who has applied for an amended license shall operate a game other than that which has been licensed by the Township and the Commission until an amended license certificate has been issued.

Whenever any change shall occur in the facts as set forth in any application for a license, the licensee shall file with the Commission and the Township a notice in writing of such change within ten (10) days after the occurrence which notice of change shall become part of the application.

§ 6-16.11 Conspicuous Display of License.

[Ord. #2009-12, 8-10-09]

No licensee shall hold, operate, conduct or allow any amusement game on the licensed premises, unless a current, original license certificate is conspicuously posted.

The license certificate shall be maintained in a manner so that it may be easily read.

The license certificate shall be presented upon request without delay or interference to:

An authorized representative of the licensing municipality;

Commission member or a Commission representative; or

A member of the general public.

The person requesting the license certificate shall be afforded the opportunity to review and record any and all information on the license certificate.

A photocopy or other reproduction of the license certificate shall not be acceptable for purposes of compliance with this section. The original license certificate shall not be photocopied or reproduced.

§ 6-16.12 Devolution of License upon Death, Bankruptcy, Receivership or Incompetency of Licensee.

[Ord. #2009-12, 8-10-09]

In case of death, bankruptcy, receivership or incompetency of the licensee, or if for any other reason the operation of the business covered by the license shall devolve by operation of law upon a person other than the licensee, application for extension of the license for a limited time, not exceeding its term, shall be made promptly by the executor, administrator, trustee, receiver or other person upon whom operation of the business covered by the license shall have devolved by operation of the law.

Application for such extension shall be made in the form of a petition addressed to and acted upon by the municipal Governing Body.

If the petition for extension is granted, the license certificate shall be appropriately endorsed by the municipal Governing Body without fee and a report of the extension shall be made to the commission by the municipal Governing Body within ten (10) days.

§ 6-16.13 Control and Supervision.

[Ord. #2009-12, 8-10-09]

Control and Supervision of Amusement Games by Municipality; Suspension and Revocation of License; Hearing; Right of Entry.

The Township and the Commission shall have and exercise control and supervision over all amusement games held, operated or conducted under any amusement game license, issued to the end that the game(s) are fairly held, operated and conducted in accordance with the provisions of the license, the rules and regulations promulgated by the commission and the provisions of this chapter governing the holding, operation and conduct of the game(s).

The Township and the Commission shall have power and authority to suspend any license issued by the Township and to evoke the same, after hearing, for any violation of the law or this chapter, and shall have the right of entry, by its officers and agents at all times into any premises where any such amusement game(s) is being held, operated and conducted or where it is intended that any such amusement game(s) shall be held, operated and conducted, or where any equipment being used or intended to be used in the conduct thereof is found, for the purpose of inspecting the same.

Offenses; Violators as Disorderly Persons; Forfeiture of Licenses. Any person, association or corporation who or which shall make any false statement in any application for an amusement game license or shall fail to keep such books and records as shall fully and truly record all transactions connected with the holding, operating or conducting of amusement games under any such license or shall falsify or make any false entry in any books or records so far as they relate to any transaction connected with the holding, operating and conducting of any amusement game under any such license or shall violate any of the provisions of the law or this chapter or of any term of such license shall be a disorderly person and if convicted as such shall, in addition to suffering any other penalties which may be imposed, forfeit any license issued to it under the law or this chapter.

Gambling on Licensed Premises. No licensee shall allow on the licensed premises any playing for money or other valuable thing at any game other than that permitted by the license issued pursuant to the application and description of the game for that licensed premises, and in no event shall any prize be conditioned in any way upon any occurrence at or upon the outcome of any athletic sporting game or contest or lottery.

Licensee Responsible for Acts of Employees.

In any disciplinary proceedings to suspend or revoke any amusement games license, it shall be sufficient, in order to establish the guilt of the licensee, to show that the violation was committed by an agent, servant or employee of the licensee.

The fact that the licensee did not participate in the violation or that his agent, representative or employee acted contrary to instructions given to him by the licensee or that the violation did not occur in the licensee's presence, shall constitute no defense to the charges preferred in such disciplinary proceedings.

Tickets or Tokens Awarded; Expiration; Arcade with Other Games.

There shall be no limit on the time within which tokens or tickets must be redeemed in any arcade licensed pursuant to N.J.A.C. 13:3-7.9(a)2 under Certification No. 2,

The transfer of ownership of any arcade licensed by the Township under Certification Nos. 2, N.J.A.C. 13:3- 7.9(a)2 shall specifically provide that all tickets and tokens awarded by the transferor shall be honored by the transferee.

All winners shall be determined and all prizes or tickets or tokens that may be accumulated for a prize shall be awarded in any game forthwith upon the completion of the game and before making or accepting any charge for participation in any subsequent game or play.

Where games licensed and certified pursuant to N.J.A.C. 13:3-7.9(a)1, 3, 5, 6, 7, 8 or 9 are operated in conjunction with an arcade licensed pursuant to N.J.A.C. 13:3-7.9(a)2 under Certification No. 2, the arcade licensee may also award as prizes, tickets or tokens redeemable toward merchandise prizes available in the arcade, provided that the value of any single prize ticket shall not permit redemption for a prize valued in excess of an average retail value prescribed by N.J.A.C. 13:3-3 .5(d) . Such tickets may be combined with tickets or tokens awarded in the arcade for redemption purposes.

Redemption of Prize or Cash.

No licensee shall redeem for money or for the playing of any additional game, any prize, ticket or token or allow, permit or participate in such redemption.

Notwithstanding paragraph f1 above, a licensee may, at the conclusion of the game and at the player's option, award an additional game as a prize when operating an amusement game certified pursuant to N.J.A.C. 13:3-7.9(a)2.

Deceptive, Fraudulent or Misleading Advertising or Practice; Conduct of Games.

No licensee shall allow or engage in any deceptive, misleading or fraudulent advertising or practice in connection with the holding, operating or conducting of any licensed game.

All games, including free, sample or tryout games, must be conducted in their original certified form. No licensee or operator shall demonstrate any game from any position other than the position from which the player will participate.

All prizes that are available to be won shall be displayed, and requirements to win such prizes shall be clearly stated. If multiple wins are required for a prize, such requirements shall be clearly posted.

Maximum Fee for Participation in Game.

No licensee shall charge or accept, directly or indirectly, more than prescribed by N.J.A.C. 13:3-3.15(a) from any one player for an opportunity to participate in any one amusement game.

All prizes, or tickets or tokens redeemable for a prize, awarded in a game shall be awarded immediately upon completion of the game and before making or accepting a charge for participation in any subsequent game.

No charge may be made or accepted for participation in a game in excess of the posted charge for the opportunity to participate in the game. Nothing in this section shall be construed to prohibit a licensee from offering a discounted entry fee for multiple opportunities to participate in a single game not in excess of that prescribed by N.J.A.C. 13:3-3.4.

Upon receipt of currency greater than the charge to play a game, the licensee shall immediately remit the appropriate change to the player. Debit cards do not constitute currency, but only the charge shall be deducted from the debit card.

Hindering Inspection or Investigation. No licensee or employee, agent or representative shall, directly or indirectly, hinder or delay or cause the hindrance or delay of any investigation by the Commission or the municipal Governing Body or its agents, or fail to facilitate such inspection or investigation in anyway whatsoever.

Incorporating Provisions of Law, Regulations and this Section. Each provision of the Amusement Games Control Act N.J.S.A. 5:8-78 through N.J.S.A. 5:8-99 inclusive, Amusement Games Licensing Law, N.J.S.A. 5:8-100 through N.J.S.A. 5:8-119 inclusive and the regulations promulgated by the Commission, governing the licensing and operation of Amusement Games N.J.A.C. 13:3-1 through N.J.A.C. 13:3-7.9 inclusive, including any amendments thereto duly enacted subsequent to the effective date of this section are by reference hereby incorporated as provisions of this section as if they were herein at length set forth. Any violation of any provision of law or regulations by a licensee shall be a violation not only of the law or regulation, but also of this section. Any duty or responsibility of a licensee set forth in the law or regulations is also of a duty or responsibility of the licensee under this section.

§ 6-17 CHARITABLE CLOTHING BIN REGULATION.

§ 6-17.1 Purpose.

[Ord. #2009-4, 3-9-09]

The purpose of this section is to implement the provisions of P.L. 2007, c.209 (C.40:48-2.60 et seq.) establishing guidelines for the use of charitable clothing bins/donation clothing bins throughout the Township of Cherry Hill.

§ 6-17.2 Requirements.

[Ord. #2009-4, 3-9-09]

Notwithstanding any other provision of law to the contrary, no person shall place, use or employ a charitable clothing bin/donation clothing bin for solicitation purposes, unless all of the following requirements are met:

Permit. The person has obtained a permit, valid for a specified period of time, from the Department of Community Development of the Township of Cherry Hill. In applying for such a permit, the person shall include:

The location where the bin would be situated, as precisely as possible;

The manner in which the person anticipates any clothing or other donations collected via the bin would be used, sold or dispersed, and the method by which the proceeds of the collected donations would be allocated or spent;

The name and telephone number of the bona fide office of any entity which may share or profit from any clothing or other donations collected via the bin; and

Written consent from the property owner to place the bin on his property.

Renewal of Permit. An expiring permit for a charitable clothing bin/donation clothing bin may be renewed upon application for renewal and payment of fees outlined in subsection 6-17.3. Such application shall include:

The location where the bin is situated, as precisely as possible, and, if the person intends to move it, the new location where the bin would be situated after the renewal is granted, and written consent from the property owner to place the bin on his property;

The manner in which the person has used, sold or dispersed any clothing or other donations collected via the bin, the method by which the proceeds of collected donations have been allocated or spent and any changes the person anticipates it may make in these processes during the period covered by the renewal; and

The name and telephone number of the bona fide office of any entity which shared or profited from any clothing or other donations collected via the bin, and of any entities which may do so during the period covered by the renewal.

Denial of Permit. The Department of Community Development of the Township of Cherry Hill shall not grant an application for a permit to place, use or employ a charitable clothing bin/donation clothing bin if it is determined that the placement of the bin could constitute a safety hazard. Such hazards shall include, but not be limited to, the placement of a donation clothing bin within one hundred (100) yards of any place which stores large amounts of, or sells, fuel or other flammable liquids or gases.

Display of Permit Information. The permit number and its date of expiration shall be clearly and conspicuously displayed on the exterior of the donation clothing bin, in addition to the information required pursuant to paragraph a of this subsection.

The following information must clearly and conspicuously be displayed on the exterior of the charitable clothing bin/donation clothing bin:

The name and address of the registered person who owns the bin, and of any other entity which may share or profit from any clothing or other donations collected via the bin;

The telephone number of the person's bona fide office and, if applicable, the telephone number of the bona fide office of any other entity which may share or profit from any clothing or other donations collected via the bin. For purposes of this subsection, an answering machine or service unrelated to the person does not constitute a bona fide office;