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.
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.
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.