[HISTORY: Adopted by the Township Council of the Township of Brick 6-11-1979
by Ord. No. 370-79 (Ch. 89 of the 1989 Code). Amendments
noted where applicable.]
[Amended 4-13-1982 by Ord. No. 370-A-82]
No person, partnership, corporation or firm shall locate, maintain and/or
make available to the public for operation amusement game(s) in any commercial
building in the Township of Brick except in accordance with those standards
provided by this chapter.
[Added 4-13-1982 by Ord. No. 370-A-82]
As used in this chapter, the following terms shall have the meanings
indicated:
Any machine or device of a type commonly known and designated as
"pinball," "console cathode ray tube game machines," "electronic or video
game machines," "electronic crane," "bagatelle," "baseball" and any other
game, machine or device similar to the above, operated by the use of coins
or tokens and for the purpose of amusement or entertainment of the user.
[Amended 4-13-1982 by Ord. No. 370-A-82]
Any amusement games subject to the terms of this chapter shall be enclosed
in accordance with the following standards:
A.
Such amusement games shall be enclosed on two or more
sides by a partition or partitions so as to separate said amusement games
on each side from the interior area of any building in which the same are
located.
B.
Such partition or partitions shall consist of a rigid,
transparent material and shall be at least seven feet high and shall be a
minimum distance of one foot from the ceiling of any building in which such
amusement games are located.
C.
The area in which such amusement games are located shall
be accessible through no more than one doorway, which shall have dimensions
of 36 inches by six feet eight inches.
D.
No hinged, sliding or other door of any kind shall be
affixed any such partition.
[Amended 4-13-1982 by Ord. No. 370-A-82; 9-14-1982
by Ord. No. 370-D-82]
The requirements of § 92-2 of this chapter shall not apply to any commercial building which shall be devoted to any of the following uses:
[Added 4-13-1982 by Ord. No. 370-A-82;
amended 4-27-1982 by Ord. No. 370-B-82]
A.
From and after 60 days from the effective date of this
chapter, no person, partnership, corporation or firm shall locate, maintain
and/or make available to the public for operation any amusement game in any
commercial building in the Township of Brick unless such person, partnership,
corporation or firm shall have first obtained a license from the Township
Clerk as provided for in this chapter. This section, however, shall not be
applicable to any fraternal, religious and/or nonprofit organizations.
B.
A person, partnership, corporation, organization or firm
seeking a license under this chapter shall complete and file an application
with the Township Clerk, which shall be on a form supplied by the Township
Clerk. The application shall set forth the following information:
(1)
The name and address of the person, partnership, corporation,
organization or firm applying for a license. In the case of a partnership,
the application shall set forth the name and address of each of the partners.
In the case of a corporation, the application shall set forth the names and
addresses of any officers or directors of such corporation holding 10% or
more of the outstanding stock of such corporation.
(2)
The tax lot and block and address, if any, of the premises
or portion thereof where such amusement game is to be located, maintained
or operated.
(3)
Whether the premises is owned by the applicant or, if
not owned, the name and address of the lessor or licensor of such premises.
(4)
A statement of the number of amusement game(s) located,
maintained or operated or to be located, maintained or operated by the applicant
on the licensed premises.
(5)
A statement as to whether the applicant or, in the case
of a partnership or corporation, any partner, officer or director of such
partnership or corporation or anyone holding an interest of 10% or more of
the ownership in such applicant has ever been convicted of any crime involving
moral turpitude.
(6)
Such application shall be executed by the applicant or,
in the case of a partnership, corporation, organization or firm, the duly
authorized representative of such applicant.
(7)
The name, address, age and social security number of
a person 18 years or older who shall be responsible for the supervision and
monitoring of the use of any amusement games to be licensed under this chapter
during the hours of operation. The presence of such person on the premises
where such amusement games are to be located during normal operating hours
shall further be a condition of any license issued under this chapter.
C.
The applicant shall pay a nonrefundable fee of $50 for
each amusement game to be located, maintained or operated by the applicant
under a license issued under this chapter to the Township Clerk upon the filing
of an application.
D.
Prior to issuing a license under this chapter, the Township Clerk shall forward a copy of each application to the Zoning Officer, who shall indicate, in writing, to the Township Clerk whether the location to be licensed is in compliance with the provisions of Chapter 245, Land Use, of the Code of the Township of Brick. No license shall be issued by the Township Clerk under this chapter in the absence of written approval by the Zoning Officer.
E.
Prior to issuing a license under this chapter, the Township
Clerk shall further forward a copy of the application to the Chief of Police.
No license shall be issued under this chapter where the Chief of Police has
reported, in writing, that any applicant or any officer or director of any
applicant or anyone holding an interest of 10% or more of the ownership in
such applicant has been convicted of a crime involving moral turpitude.
F.
Any license issued under this chapter shall expire on
July 1 in each calendar year following the date of the issuance of such license.
[Amended 5-11-1982 by Ord. No. 370-C-82]
[Added 4-13-1982 by Ord. No. 370-A-82]
A.
The Township Council may terminate or suspend any license
issued under this chapter where it appears that any of the following conditions
exist:
(1)
That an application filed under this chapter is materially
false or purposely misleading.
(2)
That the licensee has violated or is in violation of
any County or municipal ordinance, rule, regulation, approval or other appropriate
governmental law.
(3)
That the licensee has maintained or continues to maintain
any activity on the premises to be licensed which constitutes a public nuisance
adversely affecting the public health, safety and welfare.
B.
The following procedure shall be applicable toward the
revocation or suspension of any license issued under this chapter:
(1)
The Township Council, through the Township Clerk, shall
cause a written notice for the grounds for possible revocation or suspension
to be served upon the licensee or any agent of the licensee, together with
a notice of the date, time and place of a hearing to be held, not less than
10 days after such service, and directing the licensee to show cause before
the Township Council why the license should not be suspended or revoked.
(2)
At the hearing before the Township Council, all evidence
offered by the licensee, Township officials and the general public which is
material to the issue shall be offered, and the Township Council shall make
a prompt determination of its findings. If the findings are made in favor
of the licensee, the license issued hereunder shall continue under the terms
and conditions under which it was issued. If the findings are against the
licensee, the license issued may be revoked entirely, suspended or conditioned
in such manner as the Township Council may direct.
[Amended 3-14-1989 by Ord. No. 666-89]
Any person who violates any provision of this chapter shall, upon conviction thereof, be punished as provided in Chapter 1, § 1-15, General penalty. A separate offense shall be deemed committed for each separate day involved or on each day involved during the continuation of any such event in violation of any of the provisions of this chapter.
