[HISTORY: Adopted by the Township Committee of the Township
of Raritan as indicated in article histories. Amendments noted where
applicable.]
[Adopted 10-11-2000 by Ord. No. 00-27 (Ch. 5.12 of the 2000 Code)]
It is declared and found that the Township contains a place
known as Flemington Fair Grounds, Route 31, Raritan Township, Hunterdon
County, State of New Jersey, where an agricultural fair and exhibition
is held by an association organized for the purpose of holding agricultural
fairs and exhibitions, which is subject to approval by the State Department
of Agriculture.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
It is unlawful for any person to operate within the Township
any amusement game or games, pursuant to N.J.S.A. 5:8-101 et seq.,
without first having obtained a license to do so from the Legalized
Games of Chance Control Commission after the application is first
approved by the Township Committee, and the license shall be issued
subject to the provisions of N.J.S.A. 5:8-101 et seq.
The fee for the license, which shall accompany the application,
shall be in the amount established by state statute, as amended from
time to time for each license. A separate license shall be required
for each game.
Organizations, societies and associations duly licensed to hold
and operate legalized games of chance under the provisions of N.J.S.A.
5:8-50 et seq. are authorized to hold, conduct and operate authorized
games of chance in the Township on Sundays.
[Adopted 10-11-2000 by Ord. No. 00-27 (Ch. 5.16 of the 2000 Code)]
The purpose of this article is to regulate the licensing and
use of coin-controlled amusement devices to preserve and protect the
public good, welfare and morals of the community.
No person, partnership, corporation, or organization shall operate
a coin-controlled amusement device within the Township without first
having obtained a license for each device from the Township Clerk
and having paid the required fee therefor.
The provisions of this article concerning coin-controlled amusement
devices and requiring an operator's license shall not apply to any
church, fraternal or veterans organizations or other religious groups,
charitable or nonprofit organizations which operate any coin-controlled
amusement devices for the use of its members and their guests and
on premises owned or controlled by it.
As used in this article, the following terms shall have the
meanings indicated:
All automatic amusement games of the type commonly known
and designated as "bagatelle," baseball or pinball games or similar
electronic or computer devices operated, maintained, used or actuated
by means of a coin, token or similar object for the purpose of amusement
or skill, and for the playing of which a fee is charged.
Any person who owns a coin-controlled amusement device or
any person in whose place of business one or more such coin-controlled
amusement devices, or electronic, or computerized devices, or amusement
machines are placed or kept for operation by the public.
A.
All fees
specified in and required by this article are imposed to defray the
cost of regulation and for revenue where such is permitted by state
law. All licenses under this article shall be issued subject to state
law, this article and other applicable ordinances of the Township
and police regulations as duly promulgated.
B.
An operator shall be charged a fee as provided in Chapter 245, Fees, § 245-4, which fee shall be submitted with the application for the operation of the premises. A separate license shall be obtained for each coin-controlled amusement device and shall be affixed thereto by the licensee.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
C.
The check
shall be delivered to the Township Clerk, who shall issue a receipt
to the applicant and a copy of the receipt to the Chief of Police.
All licenses shall commence on July 1 of each year and expire
on June 30 of each year.
No operator's license shall be transferable from operator to
operator nor from place to place by any operator of coin-controlled
amusement devices. It shall be valid only at the place and by the
operator designated on each license.
A.
The devices to be used under
the license shall be so arranged as to permit a clear view of the
interior of the room or rooms involved from the exterior at all times.
B.
No operation of the devices shall
be permitted between the hours of 11:00 p.m. and 6:00 a.m. unless
the premises are otherwise licensed and, under the terms of such other
license, the hours of operation are to continue beyond 11:00 p.m.,
and in that case, the operation may continue so long as the hours
are permitted under that license.
C.
No operator shall offer or permit
to be offered any prizes or awards, whether cash or otherwise, as
an inducement to use such amusement games and devices.
D.
The operator shall not permit
any activity on the licensed premises which is illegal or which creates
an unusual amount of noise or a breach of the peace occurring therefrom.
E.
The serial numbers of each of
the machines on the premises shall be listed in each application form
and in the event that a machine is sold or replaced, the serial number
of the replacement shall be presented to the Township Clerk and the
Chief of Police within three days after the machine is placed upon
the premises.
The Chief of Police shall be responsible for inspecting or causing
an inspection of any place or building in which any such device or
devices are operated as well as to test any such device on reasonable
occasions to determine their compliance with this article.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
In the event that the Construction Official, Fire Marshal, Land Use Enforcement Officer or Health Officer shall issue a written notice concerning an alleged violation and the operator acknowledges such violation or is found guilty in court, then, during the term of time that the violation continues, the license shall be suspended until such time as the violation is removed. The Chief of Police shall give written notice of a suspension in accordance with § 301-10.
[Amended by Ord. No. 06-03]
Any operator violating this article shall, upon conviction, be subject to a fine as stated in § 1-5, General penalty, for each offense, and a separate offense shall be deemed committed on each day during or on which a violation or failure to comply continues or occurs.
