[HISTORY: Adopted by the Mayor and Council of the Borough
of Woodstown 5-25-81 as Ord. No. 322.[1]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:
[1]
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:
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.
A.
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.
B.
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.
C.
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:
A.
The name and address of the applicant, and whether the applicant
is an individual, partnership or corporation.
B.
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.
C.
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.
D.
A full description of the device or devices to be used by the applicant
and made available to the public.
E.
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.
F.
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.
A.
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.
B.
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.
A.
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.
B.
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.
C.
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.
A.
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.
B.
No operation of any commercial amusement device shall be permitted
between the hours of 11:00 p.m. and 9:00 a.m.
C.
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.
D.
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.
E.
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.
F.
No operator shall permit the noise level on any licensed premises
to interfere with the reasonable use of any adjacent structures.
G.
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.
H.
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.
