[HISTORY: Adopted by the Mayor and Board
of Aldermen of the Town of Boonton 12-17-1990 as Sec. 5-9 of the 1990 Code. Amendments
noted where applicable.]
No person or persons, association, club or corporation
shall maintain, conduct or pursue the business or occupation of keeping
any pool or billiard rooms, without a license to do so as hereinafter
provided.
Applications for licenses shall be filed with
the Town Clerk on forms to be furnished by him, which forms shall
show the following:
A.
The name of the applicant.
B.
Post office address.
C.
Whether or not the person making the application has
ever been convicted of a crime or violation of a Town ordinance involving
gambling.
D.
In the case of a corporation, it shall state the names
and addresses of the officers and all stock holders presently holding
stock, and all who for six months prior to the making of said application
have held stock or who have been officers.
All licenses herein provided for shall be granted
and issued by the Town Clerk, but only after special resolution of
the Mayor and Board of Aldermen of the Town shall have been adopted;
and all such licenses shall be valid from January 1 of the year in
which the license is issued until December 31 next after granting
the same, unless sooner revoked.
Such licenses shall bear the date of issue,
the name of the person or corporation to whom issued, and the purpose
for which issued, and the location of the room or building wherein
the licensee is authorized to carry on and conduct any such business.
Such license may be transferred by the holder to another address,
provided that the licensee shall make application in writing for such
transfer to the Mayor and Board of Aldermen.
A.
No license shall be issued for the operation of any
pool or billiard room which is located within 200 feet of any school
or church.
B.
No license shall be issued for the operation of any
pool or billiard room in any area of the Town other than on that portion
of Main Street which is located between Myrtle Avenue and Hill Street.
The hours for operation of such pool or billiard
rooms shall be between 10:00 a.m. to 12:00 midnight, on weekdays and
Saturdays. All pool and billiard rooms shall remain closed on Sundays.
No person under the age of 16 years shall be
admitted to or permitted to play pool or billiards in any licensed
premises or to frequent or lounge or congregate or gather in such
room or place unless accompanied by his parents or person standing
in loco parentis; and such games shall be confined to pool and billiards
and shall not include card playing or any other games even for social
purposes.
A.
All premises in which the games of pool and billiards
are played shall be on the street floor of any building and shall
be so arranged and shall be so lighted that a full view of the interior
may be had from the public thoroughfare or from adjacent rooms to
which the public is admitted at all hours.
B.
Any license issued under the terms of this chapter
shall be conspicuously posted in the place of business of the licensee.
Proof of gambling in any licensed premises shall
constitute sufficient reason for the suspension or revocation of such
license, after not less than five days written notice of hearing shall
have been served on the licensee, either in person or by registered
mail, and after the licensee shall have been afforded an opportunity
to be heard in his defense. The license may be suspended or revoked
by the Mayor and Board of Aldermen for violation of any of the terms
of this chapter, or for gambling or any just and good cause, provided
that the licensee is likewise served with notice of charges and given
an opportunity to be heard.
Any premises which shall be declared to be unsafe
or a fire hazard by the written recommendation of the Fire Department
shall be deemed to be ineligible for a license.
This chapter shall not apply to any religious,
charitable, benevolent, educational, incorporated or nonprofit association
which operates or maintains any pool or billiard table solely for
the recreation and amusement of its members, provided such organization
is in such bona fide character and is not intended as a means or device
for evading the terms and provisions of this chapter.