[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[1]); amended in its entirety 12-14-1981 by Ord.
No. 34-81. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
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.
[1]
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:
A.
Name of applicant and address.
B.
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).
C.
Number of machines to be installed on the premises.
E.
Consent of owner or lessee of said premises, if other
than the applicant.
A.
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.
B.
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:
A.
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.
B.
Any applicant who is denied a license may, in writing,
request a hearing on the same before the Borough Council.
C.
The license shall be displayed in a conspicuous place
on the premises prior to the opening of the premises for business.
A.
The annual license fee for each and every premises on
which amusement machines are located shall be $500.
C.
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.
D.
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.
A.
All amusement machines licensed in primary establishments
under this chapter shall be operated only during the following hours:
B.
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.
A.
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.
B.
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.
