[HISTORY: Adopted by the Township Council of the Township of Franklin 5-13-1993
by Ord. No. 1775 (Ch. 77 of the 1990 Code). Amendments noted
where applicable.]
[Amended 10-28-1998 by Ord. No. 3014; 1-9-2001
by Ord. No. 3189]
As used in this chapter, the following terms shall have the meanings
indicated:
Any pool table, whether coin-operated or not coin-operated, and any
machine, contrivance or device which, upon the insertion of a coin, slug,
token, plate, disc or key into a slot, crevice or other opening, or by the
public generally for use a game, score, and shall include without limitation,
such device as marble machines, pinball machines, skill ball, mechanical games
or video games, coin-operated pool table, bagatelle, mack table, Ballyhoo
devices, high score table, and any and all operations, transactions, or mechanical
devices similar thereto by whatever name they may be called.
The sum of the area of all floors of buildings or structures.
The gross floor area of the premises wherein the amusement machine
or device is located, less deductions for counter space areas, storage areas,
shelving areas, aisle areas, bathroom, areas of ingress and egress, areas
of 192 square feet for non-coin-operated pool tables, office space and other
areas which are not intended or held out for public use. The Division of Code
Enforcement shall determine the maximum number of square feet in each prospective
premises subject to this chapter.
Any natural person, partnership, firm, association, corporation or
any other business entity which owns or controls a premises or a location
within the Township of Franklin in which any amusement or entertainment machine
or device is displayed for public patronage or is placed or kept for operation
by the public.
Any natural persons, partnership, firm association, corporation or
any other business entity which owns the amusement or entertainment machine
or device licensed or sought to be licensed under the terms of this chapter.
The entire premises, including without limitation the gross floor
area of all buildings, auxiliary buildings, structures, appurtenant structures
and walks, alleys, drives and parking facilities wherein the amusement machine
or device is located.
[Amended 10-10-2000 by Ord. No. 3162]
The provisions herein set forth shall not apply to the residences of
private persons to which the public is not admitted or to any duly incorporated
church or society owned for charitable purposes or tax-exempt organizations
if such church, society or tax-exempt organization is the owner of the device.
[Amended 10-10-2000 by Ord. No. 3162]
Prior to the installation of amusement or entertainment machines or
devices, the premises as described herein shall have been certified as eligible
to permit such devices.
A certification fee of $150 shall be paid at the time of application
for each premises to be certified. Certification shall be posted in a conspicuous
place within the premises.
Certification shall remain in effect as long as the use and net floor
area of the premises remain the same. Any change in same shall result in the
need for recertification.
[Amended 1-9-2001 by Ord. No. 3189]
There shall be permitted not more than one amusement or entertainment
machine or devices as defined in this chapter for each 150 square feet of
net floor area as the same is defined herein, provided that under no circumstances
shall the number of machines permitted exceed 30% of the net floor area of
the licensed premises as defined herein. In the case of pool
table or coin-operated pool table, there shall be permitted not more than
one such pool table for each 192 square feet or net floor area. The Code Enforcement
Official shall determine the maximum number of square feet in each prospective
licensed premises which is subject to this chapter.
[Amended 12-10-2002 by Ord. No. 3339]
A.
No premises shall operate or cause to be operated such amusement
or entertainment machine or device within the Township of Franklin without
first having obtained from the Township Clerk a certification of eligibility.
The application for said certification shall state the following:
(1)
The name and address of the premises to be certified.
(2)
The name, home address, business address and telephone number of the manager or authorized agent of the operator as defined in § 99-1.
(3)
A sketch or plan of the proposed operator's premises
showing the net floor area as defined herein.
(5)
A certification, under oath, by the applicant or its
authorized representative that the information contained in the application
and all attachments thereto are complete, accurate and truthful to the best
of his knowledge and belief.
(6)
Whether they have ever run this type of business before
in Franklin Township or in any other municipality in the State of New Jersey.
(7)
Proposed hours for the operation of the business associated
with the amusement devices and the proposed hours of operation of the amusement
devices. No amusement device shall be operated between the hours of 12:00
midnight and 9:00 a.m. No person under the age of 18 years of age shall be
allowed to play or operate any amusement device during regular school hours
of public schools of the Township of Franklin nor between the hours of 10:00
p.m. and 9:00 a.m., except that the hours of operation for devices located
upon a premises licensed by the Alcoholic Beverage Control Division shall
be consistent with the hours of operation established for such premises by
municipal ordinance. Such hours of operations may be approved by the Chief
of Police at the time of application approval.
(8)
What will be sold on the premises in detail. The applicant
must also explain how the devices will be monitored by the staff.
(9)
A signed letter from the landlord stating that he or
she is aware that amusement devices will be operating on the property.
(10)
That the Franklin Township police have been advised prior
to approval that the planned business will be operating amusement devices
on the premises.
(11)
What type of devices and how many devices are proposed to be maintained within the establishment, subject to the limitation on number of machines set forth in § 99-6 of this chapter and to the approval process set forth in § 99-8 of this chapter.[2]
[2]
Editor's Note: Original § 77-8, License fee; § 77-9,
License fee due upon application; duration; § 77-10, Application
materials, and § 77-11, Procedure for transfer of license, were
deleted 8-10-1999 by Ord. No. 3061.
B.
All applicants applying for an amusement device permit
must go through a criminal background check. Conviction of a crime shall be
the basis for denial of the amusement device permit.
[Added 12-10-2002 by Ord. No. 3339]
A.
At the time of the application for certification of premises
for installation of machines or devices, the Chief of Police or his designated
representative shall make or cause to be made an inspection of the premises
described in the application and shall attach to the application, upon completion
of this inspection and investigation, a written report which shall state:
(1)
The nature and type of machine or device;
(2)
The place where or when it will be operated or maintained;
(3)
The name of the proprietor of the store or premises at
or in which the machine or device shall be operated or maintained;
(4)
The name and address of the owner of the particular machine
or device;
(5)
The recommendations of the Chief of Police and other
pertinent information the Chief of Police deems necessary.
(a)
The Chief of Police or his designated representative
shall file this report with the Township Clerk and file a copy with the Director
of Fire Prevention and the Code Enforcement Officer and determine compliance
with all other applicable laws or ordinances required to be enforced by the
Police Department.
(b)
The Chief of Police or his designated representative
shall also cause a review to be made of the applicant's criminal record, if
any, and shall note and report any violations of the Township's codes or conviction
of a crime involving moral turpitude, sale or possession of drugs or gambling.
(c)
During the time as the license is in effect, subsequent
to the initial issuance of certification, the Chief of Police or his designated
representative shall inspect the premises annually or upon receipt of a complaint.
B.
At the time of the application for certification of premises,
the Director of Fire Prevention or his/her designated representative shall
make or cause to be made an inspection of the premises described in the application,
with reference to fire safety generally and the requirements of this chapter
in particular. He/she shall also determine compliance with all other applicable
laws or ordinances required to be enforced by the Fire Prevention Department.
Upon the completion of the inspection, the Director of the Fire Prevention
Department or his/her designated representative shall issue a written report
with all findings, violations of laws or ordinances, if any, and his/her recommendations
and shall file said report with the Township Clerk and shall file a copy of
said report with the Chief of Police and Code Enforcement Officer.
C.
At the time of the application for certification of premises,
the Construction Official or his/her designated representative shall inspect
the proposed licensed premises and measure the proposed licensed premises
and determine the net floor area in accordance with this chapter. Upon completion
of this measurement, he/she shall issue a written report with his/hers findings,
which shall include the maximum number of machines for which this premises
shall be licensed, and shall file said report with the Township Clerk, Chief
of Police and Director of Fire Prevention. He/she shall also determine compliance
with this chapter and all other applicable laws or ordinances required to
be enforced by the Division of Code Enforcement.
D.
Upon completion of the aforementioned written reports
of the Police Department, Fire Prevention Department and the Construction
Official, the same shall be submitted to the Township Clerk, who shall determine
that the following requirements have been met, and, if same have been met,
he/she shall forthwith issue the certification. If the provisions of this
chapter are not complied with, the Township Clerk shall deny the certification
and notify the applicant by regular and certified mail. The applicant may
appeal that denial to the Township Manager within 10 days of the receipt of
the denial. Thereafter, the Township Manager shall grant a hearing to the
applicant and afford him/her the right to submit relevant information on his/her
own behalf. After the hearing, if the Township Manager finds the denial was
improper, it shall direct the issuance of a license.
[Amended 10-10-2000 by Ord. No. 3162]
A.
Every certification issued hereunder is subject to revocation
by the Township Clerk should the licensed operator distribute or operate any
amusement or entertainment machine or device contrary to the provisions of
this chapter or any other law, ordinance, rule or regulation or fail to cooperate
fully with any enforcement officer or agency, upon 30 days' notice by regular
mail and certified mail to owner and the owner/tenant of the licensed premises,
with seizure by the Police Department for failure to comply.
B.
Any material misstatement or omission in the license
application or in any information submitted therewith or the failure to notify
in writing the Township Clerk of any changes by addition or deletion or amendment
to said application information during the term of any license or renewal
shall constitute sufficient grounds for revocation of said license by the
Township Clerk.
If the Chief of Police of the Township of Franklin Police Department
shall have probable cause to believe any amusement or entertainment machine
or device is being used for gambling, such machine or device may be temporarily
seized by the Police Department and impounded and may be considered as contraband
by law.
Any person violating any of the provisions of this chapter shall be subject to the penalties as provided in Chapter 1, Article II, General Penalty. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues. In addition, the license issued may be suspended or revoked for a violation of any provision of this chapter.
It is the intention of the governing body of the Township of Franklin
that this chapter be read in pari materia with all other applicable ordinances
within the Township of Franklin that are not inconsistent with the provisions
contained herein.
