[HISTORY: Adopted by the Township Council
of the Township of Monroe 8-26-2008 by Ord. No. O:26-2008.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Curfew — See Ch. 118.
[1]
Editor's Note: This ordinance also repealed
former Ch. 93, Amusement Devices, adopted 12-13-1967 by Ord. No. O-8-67
(Ch. 6 of the 1967 Code), as amended.
As used in this chapter, the following terms
shall have the meanings indicated:
Any place or premises wherein five or more mechanical and/or
electronic amusement machines or similar devices are maintained for
use and operated by the public.
[Amended 8-27-2018 by Ord. No. O:19-2018]
Any mechanical or electronic machine or similar devices operated
for the public for the purposes of a game, entertainment and/ or amusement
for which a fee is charged and paid by means of the insertion of a
coin, currency. token, credit card or other similar object or form
of payment.
[Amended 8-27-2018 by Ord. No. O:19-2018]
Any person who supplies any automatic amusement device to
another for use in his/her premises, whether under lease or any similar
arrangement.
Any person in whose premises any automatic amusement device
is placed or kept for operation.
The purpose of this chapter is to license, regulate
and control those automatic amusement devices which are operated for
the purpose of making a profit.
A.
Operation without license prohibited.
(1)
No person shall maintain, operate or possess in any
store, building or other place where individuals may enter, or in
any building or other place wherein any club or organization meetings
are held within the Township any automatic amusement device without
first obtaining a license therefor.
(2)
No person shall operate or maintain an amusement parlor
or arcade without first obtaining a license therefor.
B.
Exceptions.
(1)
Charitable and nonprofit organizations operating and
maintaining established physical facilities within the Township of
Monroe are excluded from the requirement of obtaining an arcade or
amusement license.
(2)
The aforesaid organizations must have an appropriate
tax identification number designating the organization as tax exempt
to qualify for this exclusion.
A.
There shall be no limit on the number of amusement
parlor or arcade licenses issued within the Township.
B.
Notwithstanding the above, the Township Council may
issue an unlimited number of nontransferable arcade licenses at their
sole discretion for use in enclosed malls, skating rinks and similar
premises.
All applications for a license referenced in
this chapter shall contain the following and submitted to the Township
Clerk:
A.
Name under which the place is being operated and the
location of the same.
B.
Number and type of alcoholic beverage license, where
applicable.
C.
Number and type of machine sought to be licensed.
D.
Location where each automatic amusement game is to
be located to include a detailed diagram.
E.
Name and address of the person from whom each device
is to be purchased, rented or otherwise obtained.
F.
Description of each automatic amusement game sought
to be licensed, including for each device, the name of the manufacturer,
model number and serial number.
G.
Terms of agreement governing the acquisition and installation
of such automatic amusement game.
H.
Information indicating whether the distributor, the
applicant or any person connected with the operation of the place
wherein the game or device is to be installed has ever been convicted
of any crime or found guilty of the violation of any ordinance or
gaming.
I.
Consent to enter the premises executed by the owner.
The number of automatic amusement devices that
may be located in any one location shall be governed by the physical
space available in any business location for the use of such devices.
The following rules shall govern the location
within all business premises of automatic amusement devices:
A.
Each device shall be located and placed so that it
does not obstruct or interfere with the free and unfettered passage
to and from the premises of patrons or users of the premises.
B.
Each device shall have an unobstructed perimeter zone
or distance of one foot around the sides of the three linear borders
of such device wherein the users of such device may use, watch or
wait to use said device. The area which is required hereunder for
each such machine shall not be encroached upon by the area of any
other machine. It is the intent of this section that for purposes
of preventing overcrowding and assuring safe passage of the general
public that each machine shall have its own unobstructed perimeter
zone.
No games subject to this chapter may be operated
within 500 feet of a school property up to the 12th grade or a house
of worship. The distance shall be measured for similar restrictions
imposed and as interpreted for alcoholic-beverage-licensed premises
by the Alcoholic Beverage Commission. This section shall not be construed
to require the removal of any automatic amusement devices which are
licensed and in place as of the date of approval.
A.
Regulations and restrictions.
(1)
Curfew. No arcade licensee shall knowingly permit
any person under the age of 13 years, unaccompanied by a parent or
guardian, to remain on the premises after 10:00 p.m. prevailing time.
(2)
Hours. No arcade as defined by this chapter shall
be permitted to operate between the hours of 12:00 midnight and 10:00
a.m., prevailing time.
(3)
Other regulations and restrictions. The Township Council
may impose additional regulations and restrictions on the conditions
of license issuance and the operation of the premises which it deems
necessary, consistent with public health and safety.
B.
The above restrictions shall be prominently displayed
on a poster-type sign to be provided by the arcade licensee. The sign
shall be placed in two prominent locations on the licensed premises.
All licenses issued under this chapter shall
be for a term of one year, commencing on June 1 of the year of issuance
and expiring the following May 31.
A.
No person shall, in his/her place of business, permit
gambling in connection with the playing of any mechanical amusement
game.
B.
An automatic amusement device may only be used or
operated during the hours of operation of the premises in which located
and when the operator or an employee of the operator is present in
the premises.
A.
The Director of Public Safety or his/her designee
shall inspect the premises to determine whether such premises complies
with the regulations of the Township of Monroe. The Director of Public
Safety or his/her designee shall request the Fire Inspector, Construction
Code Officials and such other officials of the Township of Monroe
to inspect said premises that he/she shall deem necessary. Upon completion
of inspections, their written reports shall be attached to the application
filed with the Township Clerk.
[Amended 4-28-2009 by Ord. No. O:12-2009]
B.
Upon receipt of the application and inspection reports,
the Township Council shall proceed to consider the same and shall
either approve or disapprove the issuance of the license to the applicant.
If the applicant is approved, the Township Council authorizes the
Township Clerk to issue the necessary license upon the receipt of
the license fee or fees as herein provided.
C.
Suspensions without hearing. Notwithstanding the right to a hearing as provided in Subsection B, the Township Ddirector of Public Safety or his designee may, if in his opinion an immediate or substantial threat to health or safety exists, suspend the right of an applicant to operate. Thereafter, the applicant shall be permitted a hearing as provided in Subsection B.
A.
Any time after the granting of a temporary or annual
license, the Township Council may exercise its discretion to revoke
or suspend this license for any willful false statement in the application.
Said license may be revoked or suspended as well in the event that
the licenses shall be convicted of any violation of this chapter or
shall, individually or through the licensee's servants, agents and/or
employees, violate any term or condition of operation.
B.
In addition to the provisions of this Code, anytime
after the granting of such license, the township Council may, in the
reasonable exercise of their discretion, revoke the same, if after
a hearing they find:
(1)
Gambling on the premises.
(2)
Failure to maintain good and safe conduct on the premises.
(3)
The presence of the machines resulting in gambling,
obscene and loud language disturbing to the public or to the other
patrons of the premises, creating of a nuisance, excessive noise,
lifter, traffic or rowdyism by the patron.
C.
Except as hereafter provided in Subsection D, prior to any suspension or revocation of license, the Township Council shall serve the applicant with notice of its intent to suspend or revoke. Thereafter, the applicant shall be afforded the right to a hearing to be held by the Township Council. A written finding of facts and conclusions shall be prepared and submitted at the conclusion of the hearing, a copy of which shall be distributed to the applicant.
D.
Suspensions without hearing. Notwithstanding the right to a hearing as provided in Subsection C, the Township Director of Public Safety, Chief of Police or designee may, if in his opinion an immediate or substantial threat to health or safety exists, suspend the right of an applicant to operate. Thereafter, the applicant shall be permitted a hearing as provided in Subsection C.
Every person, firm or corporation violating
any provision of this chapter or who fails to comply therewith shall,
severally for each and every violation and noncompliance, pay a penalty
not to exceed the sum of $1,000 or be imprisoned in the Gloucester
County Jail for a period of not more than 90 days, or both. Each day
a violation exists under this chapter shall constitute a separate
offense under this chapter. The application of the above penalty shall
not be held to prevent any proceeding for suspension or revocation
of licenses.
