[Adopted 10-2-89 as Ord. No. 1068]
As used in this chapter shall have the following meanings:
A.
AUTOMATIC AMUSEMENT DEVICE, POOL TABLE, BILLIARD TABLE — Any
machine or device which, upon the insertion of a coin, token, plate,
disk or credit card, or upon the payment to a proprietor or its agent
or employee, may be operated by the public generally for use as a
game, entertainment or amusement, whether or not registering a score.
The term includes, but is not limited to, amusement devices commonly
known as electronic video games, pinball, skill ball, mechanical grab
machines, marble machines, baseball, bagatelle, pool table, billiard
table, bowling alleys and all game machines or devices similar thereto.
B.
DISTRIBUTOR — Any person who supplies, offers or exhibits for
sale, leases, sells, repairs, or distributes automatic amusement devices
to any other person.
C.
NET FLOOR AREA — The total number of square feet which the
public is invited to use and occupy, other than restrooms and areas
of ingress and egress. Excluded from net floor area, are areas used
for storage, offices, kitchen, counter space, shelving, and any areas
which are not used by the public on a regular basis. The Building
Inspector or Zoning Officer shall determine the net floor area in
each prospective licensed premises subject to this Article.
D.
PERSON — Any individual, firm, corporation, partnership, association,
or entity.
E.
PREMISES — Any building, business, store, restaurant, tavern,
or other place to which the public is invited or may enter.
F.
PROPRIETOR — Any person who owns, leases, rents or operates
any premises on or at which any automatic amusement device is kept,
placed, or exhibited for use or operation by the public.
A.
No person shall keep, place, or exhibit any automatic amusement device
for use or operation by the public on or at any premises in the Borough
of Somerville without first obtaining a Proprietor's License
for such premises.
B.
No person shall keep, place or exhibit any automatic amusement device
for use or operation by the public on or at any premises in the Borough
of Somerville without first obtaining an Automatic Amusement Device
License for such automatic amusement device.
C.
No person shall supply, offer or exhibit for sale, lease, sell, offer
to repair or distribute any automatic amusement device in the Borough
of Somerville without first obtaining a Distributor's License,
and if such distributor shall permit a customer to operate such machine
being offered for sale, etc., such operation shall be free of charge.
A.
An application for a Proprietor's License shall be filed in writing with Borough Clerk pursuant to Section 48-1 of the Somerville Code. In addition to the requirements of Chapter 48, the application shall state the following:
(1)
The names and addresses of the suppliers, lessors, distributors and/or
owners of the automatic amusement devices to be kept on the premises;
(2)
The number of devices to be kept, placed or exhibited on the premises
for use or operation by the public, which number shall be specified
on the Proprietor's License; and
(3)
The Net Floor Area, in square feet, of the premises, together with
a diagram of the floor area.
B.
The application shall be accompanied by a certification from the
Division of Code Enforcement that the premises occupancy load has
been calculated and posted in accordance with the New Jersey State
Uniform Construction Code.
C.
The application shall be accompanied by a certification from the
Division of Code Enforcement that the premises are in substantial
compliance with the Fire Prevention and Housing and Property Maintenance
Codes of the Borough of Somerville.
D.
A Proprietor's License shall not be transferred or assigned.
Specifically, but not by way of limitation, a Proprietor's License
shall not run with the premises, nor shall sale of the premises effectuate
a transfer of the license.
A.
B.
An Automatic Amusement Device License may be transferred provided that the requirements of Section 48-10 are met.
C.
No Automatic Amusement Device License shall be issued to any person
other than one holding a valid Proprietor's License hereunder.
All Proprietor's Licenses, Automatic Amusement Device Licenses
and Distributor's Licenses shall expire annually on June 30th
at 12:00 midnight. Applications for the renewal of Proprietor's
Licenses, Automatic Amusement Device Licenses, and Distributor's
Licenses shall be filed not later than May 15th.
Fees for Proprietor's Licenses, Automatic Amusement Device
Licenses, Distributor Licenses, transferring Automatic Amusement Device
Licenses and amending Proprietor's License shall be as set forth
on the attached Schedule. The license fee for any Proprietor's
License, Automatic Amusement Device License, or Distributor's
License issued after January 1st of any calendar year shall be one-half
(1/2) of the respective annual fee. License fees shall not be refundable.
In addition to the information required by Section 48-2.2 of the Somerville Code, each Automatic Amusement Device License shall contain their serial number and type of the device. The license shall be firmly attached at a conspicuous place on the device.
A.
If a Proprietor licensed hereunder desires to increase the number of devices to be kept, placed or exhibited or the premises for use or operation by the public, he shall file an amendment to his original application for a Proprietor's License filed pursuant to Section 48-2.1 hereof and surrender his original Proprietor's License to the License Clerk. The Proprietor shall pay any additional fees for Automatic Amusement Devices in accordance with the fee schedule referred to herein. The amendment shall state the following:
(1)
The names and addresses of the suppliers, lessors, distributors,
and/or owners of the additional devices to be kept, placed or exhibited
on the premises for use or operation by the public; and
(2)
The revised number of devices to be kept, placed or exhibited on
the premises for use or operation by the public.
B.
Upon determining that the Proprietor is in compliance with all the provisions of this chapter, the Borough Clerk shall issue a new Proprietor's License reflecting the revised number of Automatic Amusement Devices to be kept, placed or exhibited on the premises for use or operation by the public. Issuance of a new license shall not alter the Proprietor's obligation under Section 48-2B of this chapter to obtain an Automatic Device License for each additional device.
If a Proprietor desires to transfer an Automatic Amusement Device License from one device to another, he shall file an application pursuant to Section 48-2.2 hereof and surrender his Automatic Device License to the Municipal Clerk. The applicant shall also pay a transfer fee as set forth on the fee schedule attached to this ordinance. Upon determining that the Proprietor is in compliance with all the provisions of this chapter, the Municipal Clerk shall issue a new license identifying the substituted device.
A.
No Proprietor's License shall be issued for any premises containing
more than two (2) automatic amusement devices kept, placed or exhibited
for use or operation by the public and located within five hundred
(500) feet of any residential zone, church, school, day care facility,
cemetery, auditorium, playground, parkland, hospital, or like place.
B.
No Proprietor's License shall be issued for any premises containing
more than two (2) automatic amusement devices kept, placed or exhibited
for use or operation by the public and located within five hundred
(500) feet of any other premises licensed pursuant to this chapter
containing more than two (2) such devices.
A.
No premises shall contain more than one (1) automatic amusement device
for every one hundred (100) square feet of net floor area.
B.
Automatic amusement devices shall be separated from each other by
at least eight (8) feet, provided that if the devices are placed along
a wall they shall be separated from other devices along the same wall
by at least four (4) feet.
C.
No automatic amusement device shall be located within eight (8) feet
of any doorway, aisle, hallway, passageway or other means of ingress
egress, including designated fire exits.
A.
No license shall be issued for any automatic amusement device which
is in the nature of a gambling device or which offers a prize or the
return of any money.
B.
No Proprietor shall permit betting or gambling on the premises. Notwithstanding
the foregoing, it shall be permissible to offer or award a prize or
reward as part of pool or billiard tournaments.
A.
Application for pool or billiard tournaments must be made through
the Mayor and Borough Council at least fourteen (14) days in advance
of the scheduling of said pool or billiard tournament. The Proprietor
shall provide one (1) attendant over eighteen (18) years of age for
every increment of one (1) to ten (10) automatic amusement devices,
pool tables or billiard tables which are kept or placed on the premises
for active use or operation by the public and which devices, pool
tables or billiard tables are not used exclusively for sale to the
general public. At least one (1) of those attendants shall be over
the age of twenty-one (21). The requisite number of attendants shall
be present at all times during which the public is invited to use
or operate the automatic amusement devices.
B.
If more than two (2) devices are kept, placed or exhibited on the
premises for use or operation by the public, the attendants shall
not have duties other than those primarily related to supervision
of the use and operation of the devices.
A.
No person shall have in his possession and/or use any intoxicating
liquor on the premises, unless the Proprietor is licensed to sell
intoxicating liquor on such premises. Persons who are visibly intoxicated
shall not be permitted on the premises at any time.
No Proprietor shall permit the consumption of any food or beverages
on the premises, except if food or beverages are sold thereon.
A.
No Proprietor shall permit the use of any automatic amusement device
or pool table as defined by this section by persons under the age
of eighteen (18) years unaccompanied by a parent or legal guardian
during the following hours:
B.
The Proprietor, or the attendant in charge, shall direct any minors
present and unaccompanied by a parent or legal guardian to leave the
premises at 10:00 p.m.; no such unaccompanied minor shall be admitted
to the premises after 10:00 p.m.
A.
The licensed premises shall comply with all requirements of the Fire
Prevention and Housing and Property Maintenance Codes of the Borough
of Somerville and by other ordinances of the Borough governing use
and occupancy of premises.
B.
Nothing herein stated shall be construed to exempt any Proprietor
from complying with the requirements of any other ordinance of the
Borough of Somerville.
C.
No Proprietor shall permit a density of occupancy of the premises
greater than the posted occupancy load.
Any automatic amusement devices not licensed pursuant to this
chapter shall not be kept on the premises in any areas to which the
public is invited and has access.
Licensee shall post an explicit and detailed policy concerning
any refunds of monies for inoperative automatic amusement devices.
The refund policy shall be posted in a conspicuous place on the licensed
premises.
Any person convicted by the Municipal Court of the Borough of
Somerville for a violation of the provisions of this Article shall
be subject to a fine of not more than five hundred ($500.00) dollars
or imprisonment in the County jail for a term not to exceed ninety
(90) days, or both. Each day that a violation of the provisions of
this Article continues shall be considered to be a separate violation.
A.
Any license issued pursuant to the provisions of this Article shall
be revoked by the Borough Council if the licensee shall be found to
have been, prior to the granting thereof, convicted of crime or of
the violation of any municipal ordinance involving gambling, or shall,
after the granting thereof, be convicted of crime or of the violation
of any such municipal ordinance. The licensor may be suspended or
revoked by the Borough Council for any other good cause including
the violation of any section of this Article.
B.
Upon any proceeding for revocation, written notice of the charges
against him shall be served upon the licensee, either personally or
by registered mail addressed to his address as the same appears in
his application for license, within not less than five (5) days of
the date set for the hearing thereof. The hearing may be adjourned
from time to time.
C.
In case any license shall be revoked, the licensee shall not be entitled
to the return of any part of the license fee.
Every licensed pool room or billiard room or combination thereof
shall be established to admit a view of the interior thereof from
the entrance to licensed premises, provided however, that a curtain
or other means of screening may be used on windows or doors of the
premises to a height of five (5) feet from the floor of the premises
during daylight hours of operation provided however, that the screening
shall not obstruct or prevent the view of examination of the interior
of the premises by a Police Officer, or any inspection by any other
officer of the law.
The owner or operator of every billiard room, pool room, or
such other place as may exist wherein billiards or pool is licensed
hereunder shall not permit the use of billiards and pool tables to
be used for any purpose between the hours of 2:00 a.m. to 7:00 a.m.
on weekdays and between 2:00 a.m. and 12:00 noon on Sundays. The hours
herein mentioned refer to Standard Time or Daylight Savings Time,
whichever time shall then be in effect and shall apply thereto. Notwithstanding
the foregoing, the owner/operator of a billiard room shall be permitted
to lock its doors at the closing time and continue operations past
the closing time in order to conduct business for patrons who are
already existing on the premises as of that closing time. No additional
patrons may be admitted after the closing time once the doors have
been locked. Doors shall be unlocked to allow patrons to leave the
premises.
No licensee shall conduct the licensed business on any premises
which is declared to be unsafe or a fire hazard by the proper authorities
of the Borough of Somerville.
No licensee shall permit any person to cause any noise or loudness
of such a nature so as to disturb the peace and quiet in or upon the
premises.
A.
Any licensee may seek relief from the strict enforcement of the terms
and conditions of this ordinance upon the demonstration by clear and
convincing evidence that a particular regulation or section of this
ordinance, if strictly applied, will cause a licensee a particular
hardship and that the licensee can demonstrate that the health, safety
or welfare purpose of the regulation can be satisfactorily met by
an alternative proposed by the licensee.
B.
It shall be the licensee's burden and duty to apply for a variation
from any section of this ordinance prior to the elimination or adoption
of the variation by the licensee. Applications for variations and
hearings pursuant thereto shall be held before the Mayor and Council.
The application for variation must contain:
(1)
Name, address and license of owner of the license.
(2)
A detailed description of the variation sought by the licensee which
shall include a written description and plans, if applicable.
(3)
A detailed description of the alternative proposed by the licensee
which shall include a written description and plans, if applicable.
(4)
Ten (10) copies of the application shall be submitted. A copy shall
be supplied to the Borough Clerk, Borough Engineer, Borough Code Enforcement
Officer, Borough Fire Official, Borough Health Officer and the Borough
Zoning Officer.
(5)
All property owners located within two hundred (200) feet of the
licensed premises shall be given notice of the application for variation
by certified mail return receipt requested as well as publication
in the official newspaper of the Borough. Notice shall be mailed at
least ten (10) days prior to the date of the hearing. The notice shall
include the date, time and place of the hearing; the nature of the
matters to be considered; an identification of the property proposal
by variation by street address or by lot and block and the location
and time at which the licensee's application and supporting documents
for which approval is sought is available to be viewed.
(6)
The licensee shall be entitled to a hearing before the Mayor and
Council in order to determine if the licensee has met its burdens
of proof under paragraphs A and B above. The licensee may offer evidence
by way of testimony of documentation at that time. The licensee may,
by its own choice, be represented by an attorney but representation
is not required.
(7)
The Mayor and Council may seek reports or advice from its Borough
Clerk, Engineer, Code Enforcement Officer, Zoning Officer, Fire Official
and Health Officer as part of the evidence to be considered in any
case.
(8)
The Mayor and Council shall render a decision memorialized by a written
resolution as to whether the licensee has, by clear and convincing
proof met its burdens.
(9)
The licensee may appeal any decision of the Mayor and Council to
the Superior Court of New Jersey.
This ordinance shall be enforced by Borough Code Enforcement
Official and by the Borough Police Department.
