[Adopted 11-6-1963 by Ord. No. 916]
For the purposes of this article the words "pool" or "billiard hall" or "parlor" and the words "licensed premises" shall mean any place of public assemblage in which the games commonly known as pool or billiards or games of a similar nature are played.
[Amended 5-20-1992 by Ord. No. 1981; 6-15-1994 by Ord. No. 48/94; 6-16-2010 by Ord. No. 13/10]
No person, firm or corporation shall have any pool or billiard table on its premises nor shall any person, firm or corporation operate or conduct a pool or billiard hall or parlor unless the same shall contain no fewer than 10 separate pool or billiard tables or combination of each type. A person, firm or entity which seeks to operate a pool or billiard hall with not fewer than 10 separate pool or billiard tables shall first obtain a license from the Town of West New York so to do, upon payment to the town of an annual license fee of $250 for each pool or billiard table contained in the premises. Such license shall expire on January 31 of each year and must be renewed on February 1 of each year upon payment of a license renewal fee of $75 per pool or billiard table.
Applications for licenses shall be filed with the Licensing Department of the Town of West New York, setting forth the following information:
A. 
The name, address, age and occupation of the applicant.
B. 
Whether or not the applicant has ever been convicted of a crime or violation of a municipal ordinance involving gambling.
C. 
The address and exact location of the premises sought to be licensed, together with a sketch indicating the exact dimensions and layout of the proposed licensed area.
D. 
Whether the applicant is owner or lessee of the premises.
E. 
The number of pool tables or billiard tables to be operated on the premises.
F. 
In the event the applicant is a corporation or partnership, the application shall set forth the names and addresses of all persons interested in the application, the extent of the interest of each person, the officers and stockholders of the corporation, and whether or not any of such persons has ever been convicted of a crime or violation of a municipal ordinance involving gambling.
A. 
All such applications shall be accompanied by the appropriate license fee as hereinabove set forth, together with a set of fingerprints of any person to be employed on the premises or having an interest therein, whether as owner, lessee, operator, manager or in any other capacity, however employed. In the event that such application shall be made by a corporation or partnership, said fingerprints shall be submitted by each partner, officer and director, thereof. Such application shall be submitted to grant or deny the same by the adoption of an appropriate resolution at the earliest regular meeting of the Board of Commissioners of the Town of West New York; provided, however, the Licensing Department shall first direct the said application to be thoroughly investigated by the Chief of the Police Department and the Chief of the Fire Department. The results of such investigation by each of the said departments shall be made in writing, together with a recommendation for approval or disapproval, as the case may be, and submitted to the Board of Commissioners for its consideration.
B. 
Any application which fails to conform to the requirements of this chapter or which contains any misrepresentations shall constitute sufficient grounds for the denial of the application, or should it appear that any applicant or member of an applicant firm or corporation, as herein set forth, has been convicted of a crime or a violation of a municipal ordinance involving gambling, a license shall likewise be denied to such applicant.
Any premises which shall be declared to be unsafe or a fire hazard by the written report of the Fire Department, shall be deemed to be ineligible for a license.
Each license shall entitle the licensee to conduct the licensed business only at the place designated in the license and shall not be transferable either as to person, firm or corporation, or premises, without application therefor addressed to the Licensing Department in like manner as the application for an original license.
Proof of gambling in any licensed premises shall constitute sufficient reason for the revocation of such license by the Board of Commissioners; provided, however, that not less than five days' written notice of hearing shall have been served upon the licensee, either in person or by registered mall, return receipt requested, and after the licensee shall have been afforded an opportunity to be heard in his defense.
Said license may be suspended or revoked by the Board of Commissioners for violation of any of the terms and provisions of this article or for any other just and good cause, provided the licensee is likewise served with notice of charges and given an opportunity to be heard.
In the event any license is suspended or revoked, the licensee shall not be entitled to the return of any portion of the license fee.
[Amended 8-19-1981 by Ord. No. 1489]
The hours of operating such licensed premises shall be between 11:00 a.m. and 10:00 p.m., excepting Sundays, on which day the hours shall be between 1:00 p.m. and 10:00 p.m.
No person under the age of 16 years shall be permitted to play pool or billiards in any part of the licensed premises unless accompanied by his parent or person standing in loco parentis.
No person under the age of 21 years shall be employed in a licensed premises.
No license, or any agent, servant or employee of a licensee, shall allow, suffer or permit or cause to be allowed, suffered or permitted:
A. 
Any gambling in any form in or at the licensed premises.
B. 
Any betting or wagering on any game of pool or billiards on said premises by any player, players or spectators.
C. 
Any intoxicated or disorderly person to be admitted to the licensed premises or to remain therein.
D. 
Any loitering or congregating within the licensed premises or on public or private property outside of and immediately adjacent to the licensed premises, which shall be considered as conducting the business in a disorderly manner.
E. 
Any entrance or exit to be locked during legal hours of operation.
F. 
Any persons on licensed premises, other than during the hours set forth herein, excepting those directly operating or employed in said licensed premises.
G. 
Any activity upon the licensed premises which is or may be detrimental to the public health, safety, welfare or morals.
H. 
The operation at any time of a greater number of tables than that stated upon the license, unless the same be modified in accordance with the provisions of § 117-41.
I. 
Any person to cause noise or loudness of such nature as to disturb the peace and quiet in, upon, and around the licensed premises.
[Amended 5-20-1992 by Ord. No. 1981]
No premises licensed under the terms of this article shall be operated unless there is in force a public liability insurance policy to cover any injuries suffered as a result of the use of the equipment or of the operation of the licensed premises in the amount of $300,000 for any one occurrence and $100,000 for injury to any one person and including a clause to the effect that the policy cannot be canceled during the license year without notification being given to the Town of West New York.
In cases where a licensee desires to increase the number of tables in operation in the licensed premises within the license year, application shall be made in the manner described aforesaid as in the case of original licenses. When the Board of Commissioners has granted permission to increase the number of tables in operation on the licensed premises, appropriate notation shall be made upon the license card, provided the additional fees have been paid where required.
Application for renewal of license shall be made with the Licensing Department no later than January 1 of each year, accompanied by the required annual fee made payable to Licensing Department, Town of West New York.
This article shall not apply to any premises for which a retail plenary consumption license has been heretofore issued, any duly incorporated social club or association, religious, charitable, benevolent, or nonprofit association or corporation or fraternal organizations having a membership in excess of 100 members, which organizations may include as part of their facilities pool or billiard tables solely for the recreation and amusement of the members thereof, except that all such organizations as described aforesaid must be bona fide in character and not intended or created for the purposes of evading or defeating the regulations prescribed by this article. This article shall not apply to the keeping of a pool or billiard table in a private residence.
[Amended 10-19-1977 by Ord. No. 1261]
Any person, firm or corporation violating any of the provisions of this article, upon conviction thereof, shall be subject to the penalties provided for in Chapter 1, General Provisions, Article I. Each day such violation shall be continued shall be deemed and taken to be a separate and distinct offense.