[HISTORY: Adopted by the Mayor and Council of the Borough of Madison 4-14-1975 by Ord. No. 11-75 (Art. 3 of the 1970 Revised Ordinances); amended in its entirety 12-14-1981 by Ord. No. 34-81. Subsequent amendments noted where applicable.]
Bowling alleys — See Ch. 70.
Model car raceways — See Ch. 125.
Pool and billiard halls — See Ch. 142.
Zoning — See Ch. 195.
Vending machines — See Ch. 232.
Editor's Note: The 1970 Revised Ordinances contained an Article 3, entitled Alcoholic Beverages. Ord. No. 11-75 added this Art. 3 without reference to the existing Art. 3.
No person shall display, place, maintain or keep for operation any amusement machine, as defined in § 195-73N, on or within any public place where permitted under the provisions of Chapter 195, entitled "Zoning," without having first obtained a license for the premises and without having first paid the required fee for such machines.
An application, sworn to by the applicants, to license a premises for use and operation of amusement machines, either as a primary or accessory use, shall be filed annually with the Borough Clerk on forms supplied by the Clerk. The forms shall require the following information and such additional information as deemed necessary:
Name of applicant and address.
Address of the premises where the machines are to be maintained, operated or used and the operating area by square footage as set forth in § 195-73N(1) and (2).
Number of machines to be installed on the premises.
Consent of owner or lessee of said premises, if other than the applicant.
When the aforesaid original application or renewal is properly filled out and signed by the applicant, the duplicate thereof will be referred to the Chief of Police, who shall make or cause to be made an investigation of the applicant's business responsibility and moral character as he deems necessary for the protection of the public good.
The Chief of Police shall issue a report of such investigation to the Borough Council, which report shall address but shall not be limited to the following areas:
The Borough Council shall review the annual application and investigation report of each applicant. The Council shall approve or deny the application, taking into consideration the factors set forth in § 58-3B.
Any applicant who is denied a license may, in writing, request a hearing on the same before the Borough Council.
The license shall be displayed in a conspicuous place on the premises prior to the opening of the premises for business.
The annual license fee for each and every premises on which amusement machines are located shall be $500.
The premises' license may not be transferred within the calendar year for which it is issued. Individual machines may be exchanged during the year without payment of additional machine fees, provided that the total number of machines listed on the license is not exceeded.
The annual license fee and the per-machine fee required in this section shall be due and payable on or before January 1 of each year. Said license shall be issued for the calendar year commencing January 1 and expiring December 31. Said license shall be renewed annually on or before December 31 by the filing of a written application accompanied by the annual license fee and per-machine fee for each renewal. The license fee and per-machine fee for any license issued in any calendar year after July 1 shall be 1/2 of the annual and per-machine fees.
All amusement machines licensed in primary establishments under this chapter shall be operated only during the following hours:
No premises wherein the operation of amusement machines is the primary or accessory use shall permit children under 18 years of age to operate any amusement machines prior to 3:00 p.m. on Monday through Friday when the schools of Madison are in session.
In all premises wherein the operation of amusement machines is the primary use, the licensee shall employ one or more adult supervisors, one of whom shall be present at all times when the premises are in operation, and whose sole responsibility shall be the control and supervision of the games and the patrons of the premises. A current list of said supervisors shall be filed with the Borough Police Department. In all premises wherein the operation of amusement games is an accessory use, the licensee or a designated employee may serve as supervisor in addition to other duties.
It shall be unlawful for any licensee or his agent, servants or employees knowingly to permit, suffer or allow a person under the legal age for purchasing alcoholic beverages to play or operate any of the amusement machines licensed under this chapter, when said machines are upon any premises where the primary use is the sale of alcoholic beverages. No person under the legal age for purchasing alcoholic beverages shall use or operate any amusement machine described in this chapter, when said machine is placed upon premises where the primary use is the sale of alcoholic beverages.
It shall be unlawful for any licensee or his agents, servants or employees to knowingly permit, suffer or allow an amusement machine licensed hereunder to be used for gambling purposes, nor shall they offer, permit, suffer or allow any prize, free play or return of money on any such machine. No person shall use any such machine for the purpose of gambling of any kind.
Any license or permit may be suspended or revoked for good cause, including but not limited to a misrepresentation of the information supplied in the application for such license or the conviction of a crime or a violation of any ordinance, statute or government regulation involving gambling or a violation of this chapter.
In such cases, the licensee shall be entitled to a notification of the charges against him, the right to a hearing before the governing body and the right to be represented by counsel and to call witnesses at such hearing. The evidence against the license holder shall be presented by the police officer or officers making the charges and, in the discretion of the Chief of Police or the governing body, the charges against the license holder shall be presented by the Municipal Prosecutor. Witnesses may be called by either the prosecution or the license holder and the right of cross-examination shall be afforded to all parties. The Council shall render its decision within 30 days after completion of the hearing.
The Borough Clerk shall be responsible for the licensing of premises and the collection of machine fees. This chapter shall otherwise be enforced by the Madison Police Department.
[Amended 8-14-2000 by Ord. No. 35-2000; 5-8-2006 by Ord. No. 19-2006]
Any person, firm, corporation or other organization found guilty of violating any provision of this chapter shall, upon conviction thereof, be punishable by one or more of the following in the discretion of the Judge: a fine of not to exceed $2,000; or by imprisonment for a term not exceeding 90 days; or by a period of community service not exceeding 90 days. In the event that a fine is imposed, pursuant to this section, such fine shall be no less than $100.
Each section of this chapter is an independent section and the holding of any section or part thereof to be unconstitutional, void or ineffective for any cause shall not be deemed to affect the validity or constitutionality of any other section or parts thereof.