[HISTORY: Adopted by the Township Council of the Township of Maple Shade as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Amusement devices — See Ch. 60.
Licenses and permits — See Ch. 114.
Peace and good order — See Ch. 142.
[Adopted 10-1-1975 as Ch. 95, Art. I, of the 1975 Code]
As used in this article, the following terms shall have the meanings indicated:
PERSON
Any individual, copartnership, unincorporated association, corporation or joint-stock company, their lessees, trustees or receivers. Said word shall also include the plural as well as the singular, where appropriate.
POOL PARLOR and BILLIARD PARLOR
Any room or place open to the public and located in a building used or occupied primarily for other uses, wherein the games commonly known as "pool" and "billiards" or games of similar nature are played. If the major portion of the floor area of a building to be licensed or a building licensed as a pool parlor or billiard parlor under this article is devoted to uses or purposes other than the playing of pool or billiards or games of similar nature, or if the major portion of the gross income derived from all uses or purposes conducted in said building licensed or to be licensed as a pool or billiard parlor under this article is derived from uses or purposes other than the playing of pool or billiards or games of similar nature, said building shall be conclusively deemed to be used or occupied primarily for other uses.
STOCKHOLDER
Any person, copartnership, unincorporated association, corporation or joint-stock company owning any stock, directly or indirectly, in any corporate applicant or licensee hereunder.
No person shall own, maintain or operate or be directly or indirectly interested in the ownership, maintenance or operation of a pool parlor or billiard parlor within the Township of Maple Shade without first having applied for and obtained a license therefor pursuant to the terms of this article.
A. 
Every application for a pool parlor or billiard parlor license under this article shall be made in writing, duly verified, to the Township Clerk of the Township of Maple Shade, and in the form prescribed by the Clerk, and each such application shall set forth or be accompanied by:
[Amended 9-20-2000 by Ord. No. 2000-11]
(1) 
The full name and address of the applicant.
(2) 
A description of the premises for which the license is sought, with a sketch plan of the interior layout of the entire building where the pool parlor or billiard parlor is to be located.
(3) 
The location of said building.
(4) 
The number of pool or billiard tables in said building and their location therein.
(5) 
A plot plan of the land used in conjunction with said building.
(6) 
A detailed enumeration of all other uses or businesses located or operated in said building or on the lands used in conjunction with said building.
B. 
If the applicant is an individual, partnership or unincorporated association, said application shall set forth:
(1) 
The names and addresses of all such individuals, partners or members of such unincorporated association.
(2) 
Whether all such individuals, partners or members of such unincorporated association are citizens of the United States of America.
(3) 
Whether any of such individuals, partners or members of said unincorporated association have ever been convicted of any crime or crimes, and if so, the crime or crimes of which he, she or they shall have been convicted, the date and place of such conviction and the court in which such conviction was entered.
C. 
If the applicant is a corporation or joint-stock company, said application shall set forth:
(1) 
The names and addresses of its officers, directors and all stockholders.
(2) 
Whether the said officers, directors or stockholders, or any of them, have been convicted of any crime, and if so, the crime of which he, she or they shall have been convicted, the date and place of such conviction and the court in which such conviction was entered.
A. 
Each application for a license shall, upon receipt, be turned over to the Chief of Police for investigation; no license shall be granted until said investigation has been completed, and there shall be allowed at least three full weeks for the making of said investigation.
B. 
Upon successful application, the Township Clerk shall issue such license.
[Added 9-20-2000 by Ord. No. 2000-11]
[Amended 9-20-2000 by Ord. No. 2000-11]
No pool parlor or billiard parlor license shall be issued to an individual who has been convicted of a crime other than motor vehicle violations. No pool parlor or billiard parlor license shall be issued to any corporation or joint-stock company if one or more of the officers, directors or stockholders are not citizens of the United States of America or shall have been convicted of a crime other than a motor vehicle violation.
No license fee payable under this article shall be prorated, nor shall any part thereof be refunded for any reason whatsoever unless a license shall be denied, in which case 50% of said fee shall be refunded to the applicant and the remaining portion of said fee shall be retained by the Township of Maple Shade to defray the expenses of the investigation.
Every license issued pursuant to the terms of this article shall expire at 12:00 midnight on the 30th day of June next following the date of its issuance, unless sooner surrendered, suspended or revoked.
Every license issued hereunder shall be conspicuously displayed on the premises covered thereby, and no license shall be issued to cover more than one place of business.
[Amended 9-20-2000 by Ord. No. 2000-11]
No holder of any license issued hereunder shall, during the term thereof, acquire or install in the licensed premises any additional pool tables unless he shall file an application therefor, which application shall set forth all of the information required in § 149-3 hereof. Any additional fees computed under § 149-6 hereof shall accompany said application. If said application is granted by the Township Clerk, the Township Clerk shall note said fact on the original license.
[Amended 9-20-2000 by Ord. No. 2000-11]
No license issued hereunder shall be transferred to any other person, but may, upon approval of Township Clerk and upon proper application therefor, accompanied by a transfer fee as set forth in Chapter 88, Fees, be transferred to other premises owned and operated by the holder thereof, by endorsement of such change of premises on the face of such license by the Township Clerk. No license shall be transferred to another premises until an application has been filed setting forth all of the information with respect to said premises as is required to be set forth on the original application concerning the original premises.
A. 
If the application is granted, the pool tables shall be located at the places indicated on the sketch plan accompanying the application and shall not be moved from said locations unless a written application is made for such purpose to the Township Clerk and said application is approved.
[Amended 9-20-2000 by Ord. No. 2000-11]
B. 
No license shall be issued hereunder for any premises if the area where the pool tables are to be located in said building is not plainly visible from all other major areas of said building which are used for other purposes. If said pool tables are located in a separate room, the opening into said separate room shall not be smaller than five feet by 6 1/2 feet and there shall be no doors, curtains, drapes, walls, partitions, sliding doors, screens or other devices capable of being closed, shut, drawn or manipulated so that the view into the room in which said pool tables are located is impeded or interfered with in any manner whatsoever.
C. 
If said pool tables are located in a separate room, there shall be no partitions, walls, drapes, curtains, sliding doors, screens or other devices set up, constructed or installed within said room so that the view of said room and the interior thereof from the other areas of the building shall be impeded or interfered with in any manner whatsoever.
D. 
The Township Clerk shall have the authority to require such additional openings into any separate room where pool tables are located as the Township Clerk may deem necessary in order to ensure that adequate observation or view into said separate room can be had from all other areas of the building in question.
[Amended 9-20-2000 by Ord. No. 2000-11]
E. 
The foregoing information with respect to the location of the pool tables shall be clearly and plainly shown on the sketch plan filed with the application. If the view of said pool tables from the other major areas of said building used for other purposes is interfered with, or if the opening into the separate room in which said pool tables are located is changed, impeded or interfered with in any manner, the same shall constitute grounds for revocation of any license or licenses issued hereunder.[1]
[1]
Editor's Note: Former § 95-13, Employment of certain persons prohibited, which immediately followed this section, was deleted 9-20-2000 by Ord. No. 2000-11.
No holder of any license issued hereunder shall keep or permit the licensed premises to remain open for the playing of pool or billiards between the hours of 2:00 a.m. and 7:00 a.m., Eastern standard time or daylight saving time, during such period when each may be in effect in the Township of Maple Shade.
No licensee hereunder shall suffer, countenance or permit on the licensed premises gambling in any form or the playing of pool, billiards or any other game for money or other valuable thing.[1]
[1]
Editor's Note: Former § 95-16, Minors, which immediately followed this section, was deleted 9-20-2000 by Ord. No. 2000-11.
A. 
The governing body of the Township of Maple Shade, after notice and hearing, may revoke or suspend any license issued pursuant to this article if the licensee or his, her or its partner, officer, director or stockholder shall have been convicted of any crime, except a violation of the motor vehicle laws, or shall have been convicted of being a disorderly person, or for a violation of any provision of this article or if, in the opinion of the governing body, the pool parlor or billiards parlor so licensed is being conducted in a manner contrary to law or the public morals, health or safety.
B. 
Prior to a hearing for any violation listed above, the governing body shall first cause a written notice to be served on the licensee, setting forth the violations in question. Said service shall be made at least 10 days in advance of the date fixed for the hearing, and the notice shall designate the time, place and hour of the hearing. Said notice may be served on the licensee or on the person in charge of the licensed premises. If there is no one in charge of the licensed premises, said notice may be tacked or affixed upon the front door of the licensed premises.
[Amended 9-5-1984 by Ord. No. 1984-11; 9-20-2000 by Ord. No. 2000-11; 4-16-2008 by Ord. No. 2008-07]
Any person who shall violate any provisions of this article, upon conviction, shall be subject to the penalty as provided in Chapter 1, Article II, herein.
[Adopted 10-1-1975 as Ch. 95, Art. II, of the 1975 Code]
Each building for which a license shall be issued shall have a square foot area of 1,600 feet.[1]
[1]
Editor's Note: Former § 95-21, Sunday opening prohibited, which immediately followed this section, was deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
The licensed premises shall have no room or area open for use by the public or customers of said licensed premises which shall not be clearly and plainly visible from the sidewalk in front of said premises, except toilet rooms or closets. The area of each of such toilet rooms and closets shall not exceed 64 square feet.
[Amended 9-20-2000 by Ord. No. 2000-11]
Each application for a license shall have attached thereto a floor plan of the premises to be licensed, and all toilet rooms and closets in said premises shall be plainly marked on said plan and no other toilet rooms or closets shall be located in said premises or thereafter constructed on said premises without first securing written approval of the Township Clerk.
[Amended 9-5-1984 by Ord. No. 1984-11; 9-20-2000 by Ord. No. 2000-11; 4-16-2008 by Ord. No. 2008-07]
Any person who shall violate any provisions of this article, upon conviction, shall be subject to the penalty as provided in Chapter 1, Article II, herein.