[HISTORY: Adopted by the Mayor and Council of the Borough of Haddon Heights as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Fees — See Ch. 213.
Licenses and permits — See Ch. 277.
Skateboard park — See Ch. 374, Art. II.
Zoning and land development — See Ch. 450.
[Adopted 2-22-1983 by Ord. No. 666 (Ch. 40, Art. I of the 1975 Code)]
A. 
The purpose of this article is to license, regulate and control those automatic amusement devices which are operated for the purpose of making a profit.
B. 
The objective of this article is to regulate the business of amusement devices so as to prevent nuisances to patrons and the public, fire hazards from overcrowding, poor ingress and egress of premises where amusement devices are located, the promotion of gambling, loitering or the creation of an unhealthy atmosphere for the youth of the community or other foreseeable undesirable effects of such devices.
For the purposes of this article, the following terms shall have the meanings indicated:
COIN-OPERATED AMUSEMENT DEVICES
Any automatic, mechanical or electronic amusement device, game or device of skill or entertainment, which is or are operated or set in motion by the deposit therein of any coin or coins, tokens or slugs or the like thereof, purchased for cash, and including video-type games or machines or similar devices that use a display screen for points, lines or dots of light that can be manipulated to simulate games or other types of entertainment.
Any person who shall use or permit to be used any machine or device licensed hereunder for the purpose of gambling or any other unlawful purpose shall be deemed to be guilty of a violation of the provisions of this article and, upon conviction thereof, shall be punishable as provided in § 120-12 of this article.
No person, firm or corporation shall install, place, maintain, operate or possess in any store, place of business, building, public place or quasi-public place wherein the public is invited or may enter any coin-operated amusement device within the limits of the Borough of Haddon Heights without first applying and receiving approval of application; also obtaining a license therefor for each and every coin-operated amusement device to be installed. The license holder and/or operator shall make application, and each new license holder and/or operator shall make application.
A. 
All license applicants must be at least 18 years of age and shall file, together with the appropriate fee therefor, with the Borough Clerk, an application which shall state the following:
(1) 
The name, age and address of the owner and/or lessor of the coin-operated amusement device and the name and address of the bailee or lessee of such device.
(2) 
A sketch indicating the location of the premises, approximate interior dimensions and proposed placement within the premises of said devices that are to be installed, used or kept.
(3) 
The name and address of the owner of the premises.
(4) 
Specific description of the type of coin-operated amusement device sought to be licensed, together with its serial number or other means of identification. All replacement machines shall be similarly reported to the Borough Clerk within 10 days of installation.
B. 
The truth of the information submitted in any application under this section shall be sworn to, and any willful misstatement therein shall be considered a violation of this section and shall subject the offender to the penalties provided herein.
Upon receipt of the application set forth above, the Chief of Police of the Borough of Haddon Heights or his designee shall cause such investigation to be made of the applicant's business and moral character as he deems necessary for the protection of the public good. His investigation may include photographing and fingerprinting of the applicant. If as a result of such investigation the applicant's character or business responsibility are found to be unsatisfactory and contrary to the public welfare, the Chief of Police shall deny the application. If as a result of such investigation the applicant's character and business responsibility are found to be satisfactory, the Chief of Police shall endorse his approval of the application thereby authorizing the Borough Clerk to issue a license for the operation of a coin-operated amusement device by the applicant.
No more than three licenses shall be issued for the placement, installation, maintenance, operation or possession of coin-operated amusement devices in or about any single premises or location.
A. 
Each device shall be located at least 10 feet from the entranceway to the premises in which located and placed so that it does not obstruct or interfere with the free and unfettered passage of patrons or users of the premises.
B. 
Each device shall have unobstructed perimeter zone or distance of five feet around the sides of the three linear borders of said device wherein the users of said device may use, watch or wait to use said device.
C. 
Notwithstanding the provisions of § 120-5 of this article, not more than 5% of the total area of the premises within which such devices are located may be used for the installation, keeping or operation of said devices.
D. 
Each device may only be used or operated during the hours of operation of the premises in which located, and when the operator or an employee of the operator is present in the premises.
A. 
The fee for all applications for licenses pursuant to this article shall be $100 in addition to all licensing fees.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
The fee for a license to operate an automatic amusement device shall be provided in Chapter 213, Fees, of the Borough Code, and any such license shall expire on December 31 of the calendar year in which it is issued.
No license issued pursuant to this article is transferable, and no license fee shall be refunded upon the revocation or surrender of any license.
A. 
License cards issued pursuant to this article shall specify the location of the premises of which the licensed coin-operated amusement device is to be used or kept, a brief description of the device, the device's number or other means of identification and the name and address of the owner and lessee or bailee of said device.
B. 
All license cards issued pursuant to this article shall be posted and at all times displayed in a conspicuous place at or near the licensed device.
C. 
All licenses issued pursuant to this article shall expire on December 31 of each year. Upon the expiration of the license, the holder shall surrender the license card forthwith to the Borough Clerk.
A. 
Any person, firm or corporation violating any of the provisions of this article shall, upon conviction for such violation, be subject to a maximum penalty of a fine not exceeding $2,000 or by imprisonment for a period not exceeding 90 days or by a period of community service not exceeding 90 days, or any combination thereof.
[Amended 10-19-2004 by Ord. No. 1181; 6-19-2018 by Ord. No. 1451]
B. 
Each and every day in which a violation of any provision of this article exists shall constitute a separate violation.
[Adopted 2-7-1950 byOrd. No. 285 (Ch. 40, Art. II of the 1975 Code)]
No person or persons shall keep, maintain or operate, or permit to be kept, maintained or operated, in any house or premises occupied by such person or persons within the limits of the Borough of Haddon Heights, any billiard or pool tables or any billiard hall or poolroom without first having obtained a license for that purpose; provided, however, that this article shall not be construed to require a license to be obtained by any person who maintains a pool table in his own home for the pleasure of himself and his friends, or by any fraternal, veteran's or other nonprofit organizations which maintain a pool or billiard table for the enjoyment and pleasure of their members.
[Amended 2-25-1975 by Ord. No. 485]
The Borough Clerk is hereby authorized to issue such license upon application therefor, but only upon prior approval of Borough Council and payment by the applicant of the fee provided in Chapter 213, Fees.
A. 
The application for the license shall include the following information:
(1) 
Name, address and age of the applicant.
(2) 
The location of the premises.
(3) 
Name and address of the owner of the premises.
(4) 
The number of pool or billiard tables to be maintained therein.
(5) 
Whether the applicant is a citizen of the United States.
(6) 
Whether the applicant was ever arrested, and if so, when, where, for what cause and the disposition thereof.
B. 
Every application shall have endorsed thereon the written recommendation of two citizens of the Borough of Haddon Heights that the license be granted.
C. 
No license shall be issued unless and until the Chief of Police of Haddon Heights, or his or her designee, has investigated the applicant and the premises and has submitted a written report thereof with his recommendations, to Borough Council.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
Any person to whom such license is granted as herein provided shall exhibit such license in a conspicuous place in his establishment.
All licenses shall expire on the 31st day of December following issuance, unless sooner revoked, and such licenses shall not take effect until the license fee shall have been paid to the Borough Treasurer/CFO. The license shall not be transferable.
The following regulations shall be strictly complied with by any licensee hereunder:
A. 
No such establishment shall be open or operated on Sunday.
B. 
No such establishment shall be open or operated except between the hours of 10:00 a.m. and 11:00 p.m. of each day.
C. 
There shall be no gambling of any kind in, on or about the premises.
D. 
All state laws, particularly those dealing with pool or billiard halls, shall be strictly complied with.
For violation of any of the provisions of this article or any misstatement appearing in the application or for other good cause, Borough Council may at any time revoke any license, issued under this article.