[HISTORY: Adopted by the Mayor and Council of the Borough of Woodstown 5-25-81 as Ord. No. 322.Amendments noted where applicable.]
Be it ordained by the Mayor and Council of the Borough of Woodstown, in the County of Salem and State of New Jersey:
Editor's Note: Section 12 of this ordinance provided for the specific repeal of former Ch. 37, Amusement and Vending Devices, adopted 3-27-61 as Ord. No. 189, as amended.
As used in this chapter, the following terms shall have the meanings indicated:
- COMMERCIAL AMUSEMENT DEVICE
- Any machine which may be operated for entertainment or amusement in public, whether the machine is coin-operated or not, and whether or not it registers a score or tallies. This definition shall include, but shall not be limited to, pinball machines, bowling machines, billiard tables, electronic games and jukeboxes. This enumeration is intended to be typical and shall not be construed as exclusive.
- Any person, firm, partnership, corporation or association in whose place of business a jukebox or two or more commercial amusement devices are placed or kept for operation and use by the public.
No operator shall make any commercial amusement device available for public use within the Borough of Woodstown without first having paid the required fees and then obtaining a license for the premises and each machine to be used thereon.
No portion of this chapter shall apply to an individual operating any type of amusement device or vending machine, which operation is confined to that individual's private dwelling and not for profit.
No portion of this chapter shall apply to any nationally recognized fraternal or charitable organization operated not for profit, so long as the use of said machine or machines is limited to the registered membership of said organization.
Any person or corporation whose business premises are licensed for the sale or consumption of alcoholic beverages need not apply for a premises license; however, a license fee must be paid for each commercial amusement device located on the premises. Section 37-10B of this chapter shall not apply to any such person or corporation.
All premises license applicants must be at least 18 years of age and shall submit in writing to the Borough Clerk of Woodstown the following information:
The name and address of the applicant, and whether the applicant is an individual, partnership or corporation.
The age of the applicant, of each partner, if a partnership, and of each of the principal officers of the corporation, if the applicant is a corporation.
The prior criminal record of the applicant, if any, setting forth the date or dates of conviction, the nature of the violation and the jurisdiction in which the violation occurred. If the applicant is a partnership, the same information shall be supplied for each partner, and if the applicant is a corporation, this information shall be supplied for each of the principal officers of said corporation.
A full description of the device or devices to be used by the applicant and made available to the public.
The street number and description of the area where the machines are to be operated, stating the floor or floors of the premises and attaching a sketch showing the rooms or areas involved. Such sketch shall be drawn to scale with the scale set forth on the sketch and shall designate all exits, windows and storage spaces to be used in the operation.
A sketch showing the location of all structures and designating the owners of said structures within 200 feet of the proposed operation. Such sketch shall also designate prominent landmarks within the two-hundred-foot radius, shall be drawn to scale with the scale set forth on the sketch and shall show all streets and proposed areas of off-street parking to be utilized by the general public for said operation.
Premises. An operator shall be charged a fee of $1,000 per annum, which fee shall be submitted with the application for the operation of the premises. Once an operator's application has been approved by the Mayor and Council, the Borough Clerk shall issue a license, which license shall be prominently displayed on the premises.
Commercial amusement devices. With the exception of jukeboxes, a fee of $100 per annum shall be charged for each commercial amusement device located on the premises for any portion of a calendar year beginning January 1 and ending December 31. A fee of $50 plus $5 for each separate coin receptacle on the premises shall be paid per annum for each jukebox located on the premises for any portion of a calendar year as detailed above. For each commercial amusement device, jukebox and separate coin receptacle therefor for which a fee is paid, the Borough Clerk shall issue an annual license, which license must be displayed on said machine in a prominent location and readily visible to members of the public and enforcing officials. Each such license shall designate the location where it is to be utilized. Commercial amusement device licenses may be transferable from one machine to another; however, such transfers shall be confined to the original premises indicated on said license.
Upon the payment of all fees, the Borough Clerk shall submit the completed application to the Mayor and Council for review at their next regular meeting, wherein a determination shall be made as to whether or not the applicant has complied with all regulations.
No commercial amusement device as defined herein shall be located within 1,000 feet of any school premises or 500 feet of any church premises.
No license issued pursuant to this chapter shall be transferable from one place to another, or from one operator to another.
Premises licenses. An operator shall annually renew a premises license by filing notice with the Borough Clerk between October 1 and November 1 of any calendar year preceding the calendar year for which said license is to be renewed. The notice shall be accompanied by payment of the annual fee.
Commercial amusement device license. The annual fee for each machine shall be due and payable on or before January 10 of the calendar year in which said machines are operated. A fee for any additional machines to be added to an operator's premises shall be payable when said machines are brought to the operator's premises, and there shall be no refund or credit given for any machines removed from the premises during any portion of the calendar year, nor shall there be any proration of license fees.
Objections. Any objections to the renewal of an operator's license shall be filed with the Borough Clerk. All objections shall be in writing and shall be signed by the individual or entity making the objection. A hearing on the objection to renewal shall be held upon at least 10 days' notice to the licensee and the person objecting on or before October 1 in the year immediately preceding the year for which the operator seeks renewal. Notice of the hearing shall be published at least once in a newspaper circulating with the borough, no less than 10 days prior to the hearing. All hearings shall be conducted by the Mayor and Council at a special meeting convened solely for the purpose of hearing objections and deciding the issue of renewal. If a majority of the Mayor and Council determines that the operator has violated the terms and provisions of this chapter and that such violations are likely to continue, then the operator's license shall not be renewed. In rendering its decision, the Mayor and Council shall set forth in writing their findings of fact, conclusions and reasons therefor. A copy of their decision shall be sent to the operator and person or persons who filed objections within 20 days of the hearing's conclusion. Any licensee shall be entitled to continue the operation of the licensed premises pending the decision of the Mayor and Council.
All commercial amusement devices accessible to the public on any licensed premises shall be arranged so as to permit a clear view of the interior of the room or rooms involved from the exterior of the operator's premises at all times.
No operation of any commercial amusement device shall be permitted between the hours of 11:00 p.m. and 9:00 a.m.
No operator shall offer or permit to be offered any prizes or awards, whether in cash or otherwise, as an inducement to the use of said machines.
No operator shall permit any person using a commercial amusement device to operate the same for any gambling purpose prohibited by law. In the event that it is determined judicially or by admission of the operator that any commercial amusement device is being operated as a gambling device, the machine may be confiscated and destroyed or sold at public auction, and the license of the operator may be revoked after a hearing.
No operator shall permit any minor under the age of 17 years unaccompanied by a parent on the business premises while school is in session or to remain on the premises after 10:00 p.m.
No operator shall permit the noise level on any licensed premises to interfere with the reasonable use of any adjacent structures.
During all hours of operation, either the operator or an adult paid employee of the operator shall be on the premises and in a position to observe all machines and members of the public engaged in their operation.
No more than 50% of the total floor space open to the public of any premises shall be occupied by commercial amusement devices.
Any operator violating this chapter shall, upon conviction, be subject to a fine not exceeding $500 for each violation.