[HISTORY: Adopted by the Mayor and Council of the Borough of Madison 3-14-1966 by Ord. No. 820 (Art. 39 of the 1970 Revised Ordinances). Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- RACEWAY OR TRACK
- Includes a unit of construction or an installation in which is incorporated one or more slots or individual lanes on which miniature or model automobiles are operated.
No person, persons, firm, association, club or corporation shall, within the Borough of Madison, maintain, operate, conduct or pursue the business or occupation of keeping any public room or place wherein there shall be operated or used devices commonly known as "slot car raceways" or "model car raceways," or where miniature cars are operated, without having first obtained a license therefor from the Council of the Borough of Madison as hereinafter provided.
Every application for a license shall be filed with the Borough Clerk, on forms to be furnished by him, which forms shall require to be included the following information:
The name and address of the applicant.
In the case of a partnership, the names and addresses of all partners.
In the case of a corporation, the names and addresses of the officers, directors and all stockholders presently holding stock and all who for six months prior to the making of said application have been officers, directors or stockholders.
In the case of clubs or associations, the names and addresses of all officers.
Whether or not the person or persons named in the application have ever been convicted of a violation of any federal, state or municipal law.
The location of the premises to be licensed.
The number of slot or model car raceways or tracks to be located upon the premises to be licensed.
All licenses herein provided for shall be issued by the Borough Clerk only after a resolution of the Council of the Borough of Madison shall have been adopted approving said application and only after the payment of the license fee herein provided for. All such licenses shall be valid from the first day of January in the year in which the license is issued until the 31st day of December next after the same is issued, unless sooner revoked.
Such license shall not be transferable by the holder to any other person, persons, firm, association, club or corporation, but such license may be transferred by the holder to another address, provided that the licensee shall make written application for such transfer to the Borough Clerk and such transfer is approved by resolution of the Council of the Borough of Madison.
The annual fees to be paid for such license are hereby fixed as follows:
The Council of the Borough of Madison may suspend or revoke the license of any licensee on any one or more of the following grounds:
Violation of any of the laws of the State of New Jersey upon the licensed premises by the licensee or its agents, servants, employees or representatives.
Violation of any ordinance of the Borough of Madison upon the licensed premises by the licensee or its agents, servants, employees or representatives.
If said license was procured by fraudulent conduct or a false statement of a material fact or if a fact concerning the applicant was not disclosed at the time of filing the application where such fact would have constituted just cause for refusing to issue said license.
Permitting or suffering any activity upon the licensed premises which is or may be detrimental to the public health, safety, welfare or morals.
Conducting or permitting bookmaking or the taking or placing of bets or suffering gambling in any form in or at the licensed premises.
Editor's Note: Former Subsection A(6), regarding drunk or disorderly persons, which immediately followed this subsection, was repealed 9-22-2008 by Ord. No. 63-2008.
In all such cases, written notice of the charge or charges and the time and place of hearing thereon shall be served on the licensee, either in person or by certified or registered mail addressed to the licensed premises. No revocation or suspension shall occur unless the licensee shall have been afforded an opportunity to be heard in his defense.
In the event that any license is suspended or revoked, the licensee shall not be entitled to the return of any portion of the license fee.
Any premises which shall be declared unsafe by the written report of the Building Inspector or a fire hazard by the written report of the Fire Chief shall be deemed to be ineligible for a license.
The hours of operation of any establishment licensed for the operation of slot or model car tracks or raceways shall be between 1:00 p.m. and the following 12:00 midnight on any Sunday, and between 9:00 a.m. and the following 12:00 midnight on any weekday, prevailing time.
The premises in which the slot or model car tracks or raceways are operated shall be on the street floor of any building and shall be so arranged and lighted that a full view of the interior may be had at all hours from the public thoroughfare or from adjacent rooms to which the public is admitted.
[Amended 5-11-1970 by Ord. No. 9-70]
Any person, persons, firm, association, club or corporation violating any of the provisions of this chapter shall, upon conviction thereof, be subject to a fine not exceeding $500 or confinement in the county jail for a term not exceeding 90 days, or both, in the discretion of the Judge of the Municipal Court. Each day such violation shall be continued shall be deemed and taken to be a separate and distinct offense.