[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:
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:
A.
The name and address of the applicant.
B.
In the case of a partnership, the names and addresses
of all partners.
C.
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.
D.
In the case of clubs or associations, the names and
addresses of all officers.
E.
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.
F.
The location of the premises to be licensed.
G.
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.
B.
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:
A.
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:
(1)
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.
(2)
Violation of any ordinance of the Borough of Madison
upon the licensed premises by the licensee or its agents, servants,
employees or representatives.
(3)
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.
(4)
Permitting or suffering any activity upon the licensed
premises which is or may be detrimental to the public health, safety,
welfare or morals.
(5)
Conducting or permitting bookmaking or the taking
or placing of bets or suffering gambling in any form in or at the
licensed premises.[1]
[1]
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.
B.
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.
C.
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.
