[HISTORY: Adopted by the Township of Howell by Ord. No. O-81-45 (§ 4-6 of the 1974 Code). Amendments noted where applicable.]
The following words as used in this chapter shall have the meanings set forth herein:
COIN-OPERATED AMUSEMENT GAME OR DEVICE
Any pinball machine, video game, jukebox or any mechanical, electrical or electronic apparatus which provides amusement and is operated by the insertion of coins or the payment of an admission fee for its use.
NET FLOOR AREA
The area of a premises proposed for the installation of licensed devices and used in determining the maximum number of devices which can be installed under the terms of this chapter. Net floor area shall exclude office areas, storage areas, closets, stairwells, and rest room facilities.
No person shall offer for use by the public any device included in this chapter unless such devices are licensed pursuant hereto and the person and premises conform to all of the requirements hereof.
The annual license fee for each amusement game or device as defined in this chapter shall be as set forth in Chapter 139, Fees, and shall be paid after approval of an application by the Township Council and before the issuance of said license. Said license fee is in addition to the application fee hereinafter described.
[1]
Editor's Note: Specific fee amounts were removed from this section in conjunction with Ord. No. O-09-13, adopted 4-28-2009. For current license fees, see Ch. 139, Fees, Art. XVIII, Licenses and Permits (Miscellaneous), § 139-46.
Each license issued pursuant to this chapter shall expire on December 31 of each year, except any licenses issued in 1981 shall expire December 31, 1982.
A. 
All applications for a license hereunder shall be filed with the Township Clerk and shall contain the following information:
(1) 
Name, address and telephone number of applicant.
(2) 
Name, address and telephone number of owner of premises, if other than applicant.
(3) 
Consent of owner to the premises to application.
(4) 
Address and tax map lot and block description of premises wherein machines are to be located.
(5) 
Detailed description of the number and type of amusement devices proposed, including the name of the device and its serial number, if any.
B. 
An application fee as set forth in Chapter 139, Fees, shall accompany said application.[1]
[1]
Editor's Note: Specific fee amounts were removed from this subsection in conjunction with Ord. No. O-09-13, adopted 4-28-2009. For current application fees, see Ch. 139, Fees, Art. XVIII, Licenses and Permits (Miscellaneous), § 139-46.
The Township Clerk shall submit the application to the Township Council, and the application for the license may be granted or refused by a majority vote of a quorum of the Township Council.
The licensee shall at all times control the sound of said machines or devices so as to contain the sound which they create within said premises, and all such machines or devices shall appropriately be located and insulated so as to satisfy this requirement.
A new machine may be substituted for a currently licensed machine without paying any additional licensing fee provided that the licensee notifies the Township Clerk of the exchange and supplies the information required for the original license. The new machine shall be described in the license as a substituted machine which shall expire on the same date as the machine originally licensed.
Each license may be renewed annually, at which time the Township Council may request reports from the Construction Official, Code Enforcement Officer, Chief of Police, Fire Prevention Bureau or any other Township official or employee for the purpose of determining that the licensee has conformed to the requirements of this chapter and the other ordinances of the Township. Licenses shall not be renewed for any licensee who has not complied with the terms of this chapter and the other ordinances of the Township.
If any applicant requests licenses for more than four machines or devices for any one location, the following requirements shall be satisfied:
A. 
A minimum of one on-site off-street parking space shall be provided for every four machines or devices requested.
B. 
For premises having up to 10 machines or devices there shall be at least one full-time supervisory person who shall be on the premises at all times during the hours of operation. For premises having 11 or more machines or devices there shall be at least two full-time supervisory personnel who shall be on the premises at all times during the hours of operation.
C. 
A license for more than four machines in any one location shall not be granted if the proposed location is within a radius of 1,000 feet of a school or house of worship or within a radius of 2,500 feet from other licensed premises containing more than four machines or devices.
D. 
There shall be 200 square feet of net floor area in the premises in which not more than two machines or devices shall be licensed or operated. A license may be issued for additional machines or devices at the rate of one machine or device for each additional 25 square feet of net floor area, provided that such additional machine or device does not exceed three feet by five feet in dimension. If any such machine or device does exceed three feet by five feet in dimension, there shall be allowed against net floor area the actual area of said machine or device plus 20 square feet.
E. 
All aisles within the premises between rows of machines shall be at least 36 inches in width.
F. 
The hours of operation of machines or devices for premises containing more than four such licensed machines or devices shall be between the hours of 10:00 a.m. and 11:00 p.m. except Sundays. If the premises are open to the public on Sundays, the hours of operation shall be between the hours of 12:00 noon and 11:00 p.m. The section dealing with hours of operation shall not apply to premises which are also licensed by the Township to sell alcoholic beverages; the hours of operation of machines or devices for such premises shall be the same as the hours of sale permitted to such premises under Chapter 53, Alcoholic Beverages, Article III.
G. 
Each licensee shall operate his premises so as to maintain good order therein and to discourage loitering, disruptive behavior, commotions, littering and other conditions inimical to the public health, safety and welfare.
H. 
Plan of the premises.
(1) 
The applicant shall submit to the Clerk with his application form and fees a plan of the premises which shall contain the following information in addition to all other information required in this chapter:
(a) 
A complete and detailed floor plan of the premises showing proposed location of machines and location of all rest facilities, fire control devices, exits, aisles, office areas and other facilities.
(b) 
Description of existing or proposed sound insulation.
(c) 
A plan indicating provision of the parking spaces required by this chapter.
(2) 
The plans submitted by the applicant under this chapter shall be submitted to the Construction Official, Code Enforcement Officer, Fire Prevention Bureau and Chief of Police, each of whom shall review said plans and indicate that said plans comply with this chapter and other applicable ordinances of the Township or specify in what respects said plans do not comply with any of said ordinances. Further, each of the aforenamed officials may make recommendations as to the plans which the Township Council shall consider in granting or denying the licenses.
This chapter is in addition to and not in substitution for any other ordinance or law of the Township, county, or state for the operation of the premises. An applicant for a license hereunder shall show compliance with all other such laws and ordinances.
Persons presently offering the use of games and devices to the public may continue such operation provided that within 60 days of the adoption of this chapter they comply with the terms hereof to the extent possible without terminating present operations.