[HISTORY: Adopted by the Board of Commissioners (now the Council) of the City of Perth Amboy 12-19-62 as Ord. No. C-700. Section 329-11 amended at time of adoption of Code; see Ch. 1, General Provisions. Other amendments noted where applicable.]
[Amended 3-15-67 by Ord. No. C-784]
A. 
No person, firm, partnership, association or corporation shall own or operate a public poolroom or billiard parlor within the City of Perth Amboy without first having obtained a license to operate such a business in the City of Perth Amboy.
B. 
Excepted from the provisions of this chapter are coin-operated pool tables three and one-half by seven (3 1/2 x 7) feet, limited to one (1) table to a premise and used incidental to a general business conducted on the premises, such as a confectionery store or tavern. Said coin-operated pool table shall be located in the same area as the general business conducted on the premises and shall not be separated or partitioned therefrom.
[Amended 6-5-63 by Ord. No. C-709]
The number of licenses to operate a public poolroom or billiard parlor shall be limited to two (2).
No license to operate a public poolroom or billiard parlor shall be issued or transferred wherein the premises to be licensed is located within five hundred (500) feet of any church, hospital or school, the said distance being measured from the nearest entrance of any church, hospital or school to the nearest entrance of the premises sought to be licensed and in the normal way that a pedestrian would properly walk.
A. 
All applications for licenses shall be made in writing on forms furnished by the City of Perth Amboy and presented to the City Clerk. The application shall state the name, residence and age of the applicant; whether the applicant has ever been convicted of a crime involving moral turpitude; the correct name under which the business is being operated; the location of the business; the number of pool and/or billiard tables and such other pertinent information as may be considered necessary to properly consider the application.
B. 
In the case of application by a partnership, all the partners shall answer the questions contained in the application. No license shall be issued unless all of the partners would qualify as individual applicants.
C. 
In the case of application by a corporation, the application shall state the names and addresses of and the amount of stock held by all stockholders holding one percent (1%) or more of any of the stock thereof, of all officers and of all members of the board of directors, or any holder directly or indirectly of ten percent (10%) or more in beneficial interest of the stock of the corporation, and all persons so named shall answer the questions contained in the application. No license shall be issued unless all of the persons named in the application would qualify as individual applicants.
D. 
All applications shall be duly sworn to by each of the applicants, except in the case of applications by corporations, which shall be duly sworn to by the president or vice president thereof. All statements in the aforesaid applications required by this chapter shall be deemed material, and any person who shall knowingly misstate any material fact shall be guilty of a violation of this chapter.
[Amended 9-28-2011 by Ord. No. 1593-2011]
The fees to be paid for such license and which shall be paid to the City Clerk upon the application being made are as follows: Flat fee of one hundred dollars ($100) per location plus twenty-five dollars ($25) per table, or such current fee as may be reflected in Chapter 275 of the City Code establishing license fees.
Upon application being made and the required fee paid to the City Clerk, the Clerk shall refer the application to the Chief of Police, who shall make or cause to be made an inspection of the premises and an investigation of the truth of the application. After such investigation and inspection the Chief of Police shall make a written report thereof, approving or disapproving the application, and file the report with the City Clerk. If the Chief of Police shall disapprove the application, he shall set forth in the report the reasons therefor. The City Clerk shall then present the application and the report of the Chief of Police to the governing body of the City of Perth Amboy. If the governing body shall approve the application, it shall direct the City Clerk to issue the license. If the governing body shall disapprove the application, it shall direct the City Clerk to return the license fee to the applicant, together with the application, upon which he shall endorse the fact of disapproval and the date thereof.
The term of the license shall commence on the first day of January in each year and extend for a period of one (1) year, and such license shall be renewable annually.
No licensee, agent, servant or employee of a licensee shall allow, suffer or permit, or cause to allow, suffer or permit:
A. 
The licensed premises to be or remain open for business on Sunday between the hours of 12:00 a.m. and 1:00 p.m., nor between the hours of 12:00 a.m. and 9:00 a.m. Monday to Saturday inclusive. This is to include any poolroom or billiard parlor which is located within or attached to a New Jersey State (A.B.C.) licensed tavern or social club.
[Amended 12-9-2009 by Ord. No. 1492-2009; 8-10-2011 by Ord. No. 1572-2011]
B. 
A minor under the age of sixteen (16) years, unaccompanied by a parent or guardian, to play in or at the licensed premises the games commonly known as "pool" or "billiards" or games of a similar nature, or to frequent or lounge or congregate or gather therein or in or about the front of the licensed premises.
C. 
A minor over the age of sixteen (16) years and under the age of eighteen (18) years, unless accompanied by a parent or guardian, to play in or at the licensed premises after the hour of 9:00 p.m. the games commonly known as "pool" or "billiards" or games of a similar nature, or to frequent or lounge or congregate therein or in or about the front of the licensed premises.
D. 
Any gambling in any form in or at the licensed premises.
E. 
Any person under the age of 21 years to be employed in any capacity in or at the licensed premises.
F. 
Any intoxicated or disorderly person to be admitted to the licensed premises or to remain therein or to loiter in or about the front of the licensed premises.
A. 
The governing body of the City of Perth Amboy, in addition to any penalty imposed upon a licensee for violation of this chapter, may, on hearing, suspend or revoke the license heretofore granted to such licensee for any violation of this chapter, the conviction of the licensee of any crime, a knowing misstatement of any material fact in the application for said license, the operation of the business in such a manner as shall, in the judgment of the governing body, constitute a nuisance, disturbance of the peace or undue annoyance to the adjoining property owners, or for any condition that arises from the operation of the business which the governing body in its discretion deems detrimental to the general good and welfare of the City of Perth Amboy. In the event of the revocation of any license for any reason aforesaid, no refund shall be made to the licensee.
B. 
Prior to the above-mentioned hearing, the governing body shall issue and cause to be served upon the licensee either personally or by registered mail, addressed to the residence of the licensee as set forth in his license application, a written complaint stating the charge against the licensee and containing a notice that a hearing respecting the charge will be held before the governing body at a time and place therein fixed, not less than 10 days nor more than 30 days after the service of the complaint and notice.
C. 
The licensee shall have the right to file a written answer to the complaint with the City Clerk within five days of the date set for hearing and to appear in person, by counsel or otherwise and give testimony at the time and place fixed in the complaint and notice. The rules of evidence prevailing in courts of law or equity of this state shall not be controlling in hearings before the governing body.
A. 
All applications for transfers of licenses to other premises shall be made in writing on forms furnished by the City Clerk, signed and sworn to by the licensee and presented to the City Clerk, and must set forth the same matters and things with reference to the premises to which a transfer of license is sought as are required by this chapter to be set forth in connection with an original application for license as to said premises.
B. 
All applications for transfers of licenses to other persons shall be made in writing on forms furnished by the City Clerk, signed and sworn to by the person seeking the transfer and bearing the consent to such transfer by the licensee. Said application shall be presented to the City Clerk and must set forth the same matters and things with reference to the person to whom the transfer is sought as are required by this chapter to be set forth in connection with an original application for a license. In the event that an application to transfer a license to another person does not meet the requirements set forth herein, an applicant may be permitted to transfer the license to another person upon a showing before the governing body that the transfer of the license is reasonable under the circumstances.
[Amended 12-10-1997 by Ord. No. 927-97]
C. 
A transfer of license as to both person and place may be applied for simultaneously and in a single application; but the license shall not be transferred to the applicant if the place-to-place transfer is denied.
D. 
All statements in the aforesaid applications required by this chapter shall be deemed material, and any person who shall knowingly misstate any material fact shall be guilty of a violation of this chapter.
[Amended 12-21-1976 by Ord. No. 121-76]
Any person, firm, partnership, association or corporation who shall violate any of the provisions of this chapter shall, upon conviction, be punished by a fine not to exceed $500 or by imprisonment in the county jail for a period not to exceed 90 days, or by both such fine and imprisonment, and each violation of any of the provisions of this chapter and each day there is a violation thereof shall be deemed and taken to be a separate and distinct offense.