[HISTORY: Adopted by the Township Committee
(now Township Council) of the Township of Byram 8-18-1976. Amendments noted where applicable.]
Definitions of terms as used in this chapter
shall be as follows:
Any machine, contrivance or device which, upon the insertion
of a coin, slug, token, plate, disc or key into a slot, crevice or
other opening or by the payment of any price, operates or may be operated
by the public generally as a game of skill and/or amusement wherein
or whereby the player initiates, employs or directs any force generated
by the machine in addition to merely inserting a coin or other device
as aforementioned. This term shall include any device which registers
a score or not and shall further include, without limitation, such
devices as marble machines, pinball machines, bagatelle machines,
pong or other types of electronically operated game devices, skill
ball, mechanical games or operations or transactions similar to the
same, by whatever name they may be called. In addition, this definition
shall include a billiard or pool table open to the public, whether
the same is coin-operated or open for play for the general public
on any type of fee basis. The definition shall not include any music
machine or device, those devices which are commonly called "jukeboxes"
or vending machines.
The entire premises, including, without limitation, all buildings,
auxiliary buildings, structures or pertinent structures, walks, alleys,
drives and parking facilities owned, used or controlled by the licensed
operator and/or owner-operator.
Any natural person, partnership, firm, association, corporation
or any other business entity which leases, rents out or places under
any kind of arrangement, within the Township of Byram, one or more
amusement or entertainment machines or devices displayed for public
patronage or placed or kept for operation by the public.
Any natural person, partnership, firm, association, corporation
or any other business entity which owns or controls premises or a
location within the Township of Byram in which any amusement or entertainment
machine or device which is owned by said natural person, partnership,
firm, association, corporation or any other business entity is displayed
for public patronage or is placed or kept for operation by the public.
Any natural person, partnership, firm, association or corporation
or any other business entity.
[Amended 11-19-1990 by Ord. No. 14-1990]
A.
No owner-operator or operator of amusement or entertainment
machines or devices shall operate any such devices within the Township
of Byram without first having obtained from the office of the Township
Clerk of the Township of Byram a license to so operate. However, no
license shall be required for an owner-operator or operator of amusement
or entertainment machines or devices, provided that the owner-operator
or operator holds an alcoholic beverage license issued by the Township
of Byram and is using two or fewer amusement or entertainment machines
or devices on the premises for which the alcoholic beverage license
was issued. Any such owner-operator or operator who has an alcoholic
beverage license and who maintains three or more amusement or entertainment
machines or devices shall be required to obtain a license and pay
for each machine or device exceeding two. In addition, no license
shall be required by an owner-operator or operator of amusement or
entertainment machines or devices, provided that any such machines
or devices are located within a family theme recreation park, as permitted
by the Zoning Ordinance of the Township of Byram.[1]
[Amended 10-6-1976]
B.
Applications for said license shall contain the following
information:
(1)
The name, date and place of birth, home address and
business address and home telephone number and business telephone
number of the applicant and each of its stockholders, officers and
directors and each partner, member or principal.
(2)
The name and address of the registered agent of the
applicant or person upon whom the service of process is authorized
to be made.
(3)
The name, date and place of birth and home address
and telephone number of the manager or other agent of the applicant
who shall be in charge of or conduct the business of the applicant
within the Township of Byram.
(4)
With respect to each person whose name is listed on
the license application, the fact of whether or not said person was
ever convicted of any crime, whether by or without jury or by plea,
in any jurisdiction of an offense which under the laws of the State
of New Jersey is denominated as a misdemeanor or high misdemeanor
or an offense involving moral turpitude, with full disclosure of the
nature of the offense, the time and place of commission, legal proceedings
in connection therewith and punishment or penalty.
(5)
The type and precise location of each machine, device
or table to be operated under the license applied for.
(6)
If the applicant is a corporation, there shall be
included a corporate resolution in proper form authorizing the execution
of the license application on behalf of the corporation.
(7)
A certification, under oath, made by the applicant,
that the information contained in the application and all attachments
thereto are complete, accurate and truthful to the best of his knowledge
and belief.
C.
Upon receipt of an application, the Manager shall
promptly forward a copy of the application and accompanying materials
to the Directors of the Police Department and the Office of Planning
and Development for investigation, review and report. Such reports
shall be sent to the Manager, who, in accordance with the standards
and requirements set forth, may grant or refuse the license or may
grant the license as to one or more but not all of the amusement or
entertainment machines or devices and refuse the license as to the
rest. If the license is granted, the Township Manager shall forthwith
issue the license upon payment of the licensing fee. The Manager shall
ensure that the license application and all attachments thereto are
complete, accurate and truthful; that those persons whose names are
required to be disclosed on the license application are all persons
capable of owning, controlling and conducting the proposed business
of owning and/or operating amusement or entertainment machines or
devices within the Township of Byram in a manner consistent with the
public safety, good morals and general welfare of the community; that
all those persons whose names are required to be disclosed on the
license application can reasonably be expected to own, control and
manage or operate the proposed business in accordance with all applicable
laws, ordinances, rules and regulations and free from any gambling
or immoral or illegal conduct or activity and free from unnecessary
or unwanted noise or commotion; that no criminal element is in direct
or indirect control or management of the business of the applicant;
that the granting of the application and the issuance of the license
thereunder will promote a fair and competitive market for the operation
of amusement or entertainment machines or devices within the Township
of Byram; that the granting of the application and the issuance of
the license thereunder will not create an unwarranted burden on the
law enforcement officers or agencies; and that the applicant has properly
executed all agreements and consents required by this chapter and
has agreed to conduct his business in accordance with all requirements
of this chapter and all other applicable laws, ordinances, rules and
regulations. No operator's license shall be granted hereunder unless
the licensed premises shall meet all requirements of all fire regulations
and the housing, building, sanitary, electric and plumbing codes of
the Township of Byram.[2]
D.
In the event that the Manager shall deny the issuance
of a license to the applicant, or deny to issue a license for any
machine or device applied for, the Manager shall give written notice
to the applicant of such denial. The applicant shall have a right
to appeal such decision to the Township Council by giving written
notice to the Township Manager of his intention to file such an appeal.
In the event that the applicant shall fail to give written notice
to the Manager within 10 days, the applicant's right of appeal shall
cease. Upon receipt of an application for appeal, the Manager shall
set a date and the applicant shall have the right to appear before
the Township Council and give testimony or produce such witnesses
as he shall deem appropriate. The Township Council shall listen to
all witnesses and testimony that it deems relevant and shall render
a decision as to whether to uphold the denial by the Manager or reverse
the denial, in which event the Manager shall forthwith issue the license
upon the payment of all license fees.
A.
No amusement or entertainment machine or device shall
be permitted on any premises located within 200 feet of any church,
school, park or playground.
B.
The owner-operator or operator shall not permit, suffer
or allow any person to bet or gamble in any form or manner on the
licensed premises and shall prevent immoral or illegal conduct or
activity from occurring.
C.
No person on the licensed premises shall have illegally
in his possession or under his control or offer to another any controlled
dangerous substance as defined in N.J.S.A. 24:21-2, nor shall the
operator and/or owner-operator permit, suffer or allow such person
on the licensed premises. No owner-operator or operator shall permit,
suffer or allow the unlawful sale or consumption of an alcoholic beverage
upon the licensed premises.
[Amended 11-19-1990 by Ord. No. 14-1990]
D.
No owner-operator shall permit the operation of any
amusement or entertainment machine or device on the premises of a
tavern, which premises is required to be closed during specified hours,
during the hours when the sale of alcoholic beverages is prohibited.
E.
The owner-operator or operator shall at all times
maintain good order upon the licensed premises and shall not permit,
suffer or allow any disturbance, congestion or loitering upon the
licensed premises.
F.
No amusement or entertainment machine or device shall
be permitted to cause unnecessary or unwarranted noise or commotion
or otherwise interfere with the public health, welfare and morals.
G.
No owner-operator or operator shall offer or permit
to be offered any prize or other reward to any person playing amusement
or entertainment machines or devices which are operated under this
chapter.
H.
No amusement or entertainment machine or device shall
be located in a so-called "backroom" or in any part of the licensed
premises which is not open to the general public.
I.
No licensed premises shall be without adequate sanitary
facilities or contain any fire, safety or health hazards.
J.
No owner-operator or operator shall neglect or fail
to report promptly to the Police Department and to the Township Manager
any violation of any law or ordinance occurring on the licensed premises,
nor shall any owner-operator neglect or fail to report promptly to
the Township Manager any conduct or activity prohibited by this chapter.
[Amended 11-19-1990 by Ord. No. 14-1990]
K.
Each owner-operator or operator shall promptly report
in writing to the Manager any change, addition or deletion to the
information furnished on the license application and all material
attached thereto, and this obligation shall be fully met during the
term of any license or the renewal thereof.
[Amended 11-19-1990 by Ord. No. 14-1990]
L.
No owner-operator or operator shall refuse access
to its premises to the Township Manager or to any member of the Police
Department, Fire Department or to any law enforcement officer or agency.
[Amended 11-19-1990 by Ord. No. 14-1990]
M.
Amusement or entertainment machines or devices licensed
in accordance with this chapter shall be operated only during the
hours of 11:00 a.m. and midnight, prevailing time.
[Added 10-6-1976]
The following annual licensing fees shall be
paid to the Township of Byram:
A.
Owner-operators and operators shall pay annual licensing fees to the Township of Byram as set forth in Chapter A287, Fees, for the following:
[Amended 11-19-1990 by Ord. No. 14-1990; 2-4-2008 by Ord. No. 2-2008]
(1)
Amusement or entertainment machines or devices, except
pool or billiard tables not operated by the insertion of a coin, slug,
token, plate, disc or key, owned by the owner-operator or leased by
the operator.
(2)
Pool or billiard tables not operated by the insertion
of a coin, slug, token, disc or key.
B.
One license shall be issued to each owner-operator
or operator, and that license shall designate the number of amusement
or entertainment machines or devices which have been licensed, for
which fees have been paid.
C.
All license fees shall be paid to the Township of
Byram prior to the issuance of the license, and all licenses shall
expire on December 31 next succeeding the date of issuance.
D.
Each owner-operator or operator shall apply for renewal
of its license at least 30 days prior to the license expiration by
making a new application in accordance with this chapter.
A.
Each owner-operator license shall be posted permanently
and conspicuously on the licensed premises.
B.
Any owner-operator's license or operator's license
may be amended to indicate additional machines or devices added during
the period for which the license has been issued by the payment to
the Township Manager of additional licensing fees for the added machine
or device and by providing the Township Manager a description of the
type of said machine or device and where said machine or device is
to be located. An owner-operator or operator shall only be entitled
to use the number of machines or devices for which the license has
been issued.
[Amended 11-19-1990 by Ord. No. 14-1990]
C.
No owner-operator's license or operator's license
shall be transferred from person to person or from place to place
within the Township of Byram without the same application, investigation
and reports as required in a new application.
[Amended 11-19-1990 by Ord. No. 14-1990]
A.
Every license issued hereunder is subject to suspension
by the Township Manager should the owner-operator or operator operate
any amusement or entertainment machine or device contrary to the provisions
of this chapter or any other law, ordinance, rule or regulation. Any
material misstatement or omission in the license application or in
any information submitted therewith shall also constitute sufficient
grounds for suspension of said license.
B.
In the event that the Manager shall suspend a license,
he shall give written notice to the applicant of such suspension.
The licensee shall have a right to appeal such decision to the Township
Council by giving written notice to the Township Manager of his intention
to file such an appeal. In the event that the licensee shall fail
to give written notice to the Manager within 10 days, the licensee's
right of appeal shall cease. Upon receipt of an application for appeal,
the Manager shall set a date and the applicant shall have the right
to appear before the Township Council and give testimony or produce
such witnesses as he shall deem appropriate. The Township Council
shall listen to all witnesses and testimony that it deems relevant
and shall render a decision as to whether to uphold or revise the
decision of the Township Manager.
The provisions of this chapter requiring an
operator's license shall not apply to any church, fraternal or veteran's
organization or other religious, charitable or nonprofit organization
which operates any amusement or entertainment machine or device exclusively
for the use of its members and their guests and on the premises owned
or controlled by it.
[Amended 11-19-1990 by Ord. No. 14-1990]
Any person violating any provision of this chapter or failing to comply therewith shall be punishable as provided in § 1-15 of Chapter 1, General Provisions. A separate offense shall be deemed committed on each day on which a violation or failure to comply continues to occur. Upon conviction, the license of the licensee shall become void and no such licensee shall transact the business of operating amusement or entertainment machines or devices in the Township of Byram.
