[HISTORY: Adopted by the Township Committee of the Township of Andover
by Ord. No. 82-9 (§ 7-8 of the 1973 Code); as amended
through Ord. No. 83-42. Subsequent amendments noted where
applicable.]
No person shall display, place, maintain or keep for operation any amusement machine, as defined in § 190-4, on or within any public place where permitted under the provisions of Chapter 190, Zoning, without having first obtained a license for the premises from the Township Committee and without having first paid the required fee for such machines.
A.
An application, sworn to by the applicants, to license
a premises for use and operation of amusement machines, either as a primary
or accessory use, shall be filed annually with the Township Clerk on forms
supplied by the Clerk.
B.
The forms shall require the following information and
such additional information as deemed necessary:
(1)
Name of applicant and address.
(2)
Address of the premises where the machines are to be
maintained, operated or used and the operating area by square footage as set
forth in Subsection 15-7.12, Paragraphs b.1 and 2.[1]
(3)
Number of machines to be installed on premises.
(5)
Consent of owner or lessee of said premises if other
than applicant.
[Amended by Ord. No. 83-42]
A.
When the aforesaid original application or renewal is properly filled out and signed by the applicant, the duplicate thereof will be referred to the Chief of Police, if the applicant shall have answered any of the items required to be answered in § 16-2B(4)(a) through (c) in the affirmative who shall then make or cause to be made an investigation of the applicant's business responsibility and moral character to determine his fitness to hold the license.
B.
The Chief of Police shall issue a report of such investigation
to the Township Committee, which report shall address but not be limited to
the following areas:
A.
The Township Committee shall review the annual application and investigation report of each applicant. The Committee shall approve or deny the application, taking into consideration the factors set forth in § 16-3B and testimony adduced at the hearing.
B.
Any applicant who is denied a license may, in writing,
request a hearing on the same before the Township Committee.
C.
The license shall be displayed in a conspicuous place
on the premises prior to the opening of the premises for business.
[Amended by Ord. No. 83-6; Ord. No. 83-42]
A.
The annual license fee for each and every premises on
which amusement machines are located shall be $25.
C.
If an investigation is necessary as provided for under § 16-3, the applicant shall deposit with the Township Clerk, upon request, the sum of $250 for the purpose of paying all out-of-pocket expenses incurred by the Township in making the investigation. Any balance of deposit money after completion of the investigation shall be returned to the applicant.
D.
The annual license fee and the per-machine fee required
in this section shall be due and payable on or before January 1 of each year.
Said license shall be issued for the calendar year commencing January 1 and
expiring December 31. Said license shall be renewed annually on or before
December 31 by the filing or a written application accompanied by the annual
license fee and per-machine fee for each renewal. The license fee and per-machine
fee for any license issued in any calendar year after July 1 shall be 1/2
of the annual and per machine fees.
A.
All amusement machines licensed in primary establishments
under this chapter shall be operated only during the following hours:
B.
No premises wherein the operation of amusement machines
is the primary or accessory use shall permit children under 18 years of age
to operate any amusement machines prior to 3:00 p.m. on Monday through Friday
when the schools of Andover Township are in session.
In all premises wherein the operation of amusement machines is the primary
use, the licensee shall employ one or more adult supervisors, one of whom
shall be present at all times when the premises are in operation, and whose
sole responsibility shall be the control and supervision of the games and
the patrons of the premises. A current list of said supervisors shall be filed
with the Township Police Department. In all premises wherein the operation
of amusement games is an accessory use, the licensee or a designated employee
may serve as supervisor in addition to other duties.
The Township Clerk is hereby directed to give notice at least 10 days
prior to the hearing on the adoption of this chapter to the County Planning
Board and to all others entitled thereto pursuant to the provisions of N.J.S.A.
40:55D-16. Upon the adoption of this chapter after public hearing thereon
the Township Clerk is further directed to publish notice of the passage thereof
and to file a copy of this chapter as finally adopted with the Sussex County
Planning Board as required by N.J.S.A. 40:55D-16.