[HISTORY: Adopted by the Township Committee of the Township of Waterford 8-11-1982
as Ord. No. 82-14 (Ch. 52 of the 1974 Code). Amendments noted
where applicable.]
A.
AMUSEMENT PARLOR OR ARCADE
AUTOMATIC AMUSEMENT DEVICE
DISTRIBUTOR
OPERATOR
PERSON
As used in this chapter, the following terms shall have
the meanings indicated:
Any place or premises wherein three or more coin-operated amusement
machines or devices are maintained for use and operation by the public.
Any machine which upon insertion of a coin, slug, token, plate or
disc, even though remote-controlled, may be operated by the public generally
for use as a game, entertainment or amusement, whether or not registering
a score, including but not limited to such devices as marble machines, pinball
machines, skill ball, mechanical grab machines and all games, operations or
transactions similar thereto under whatever name they may be indicated. It
shall include coin-operated video machines or games or similar devices that
use a display screen for points, lines and dots of light that can be manipulated
to simulate games or other types of entertainment. It shall also include video
audio/visual adult peep show machines. It shall not include nor shall this
chapter apply to music-playing devices.
Any person who supplies any automatic amusement device to another
for use in his premises, whether under lease or any similar arrangement.
Any person in whose premises any automatic amusement device is placed
or kept for operation.
Any person, firm, corporation, partnership or association.
B.
Purpose and objective. The purpose of this chapter is
to license, regulate and control those automatic amusement devices or remote-control
devices which are operated for the purpose of making a profit.
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 of
Waterford any automatic amusement device, and no person, firm or corporation
shall bring such devices into the township for placement in such premises
without first obtaining a license therefor.
Licenses issued for individual coin-operated machines shall expire on
December 31 of the year following their issue unless suspended or revoked,
and the license fee cannot be prorated or transferred.
A.
All applications for a license under this chapter shall
be made and delivered to the Township Clerk on forms to be supplied for that
purpose and shall be subscribed and sworn to by the applicant.
B.
The application for the license shall contain the following:
(1)
The name and address of the applicant.
(2)
The name under which the place is being operated and
the location of the same.
(3)
The number and type of alcoholic beverage licenses, where
applicable.
(4)
The number and type of machines sought to be licensed.
(5)
The location where each automatic amusement game is to
be located.
(6)
The name and address of the person from whom each device
is to be purchased, rented or otherwise obtained.
(7)
A description of each automatic amusement game sought
to be licensed, including, for each device, the name of the manufacturer,
model number and serial number.
(8)
The terms of the agreement governing the acquisition
and installation of said automatic amusement game (rates and dates).
(9)
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 on gaming.
(10)
Any other information which the Township Police Chief
may deem reasonably necessary and proper for the full protection of the interest
of the patrons or the public in the application.
A.
The number of 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 said devices.
B.
The following rules shall govern the location within
all business premises of amusement devices:
(1)
Each device shall be located at least 10 feet from the
entranceway to the premises in which located and placed so that it does not
obstruct or interfere with the free passage to and from the premises of patrons
or users of the premises.
(2)
Each device shall have an unobstructed perimeter zone
or distance of three feet around the sides of the three linear borders of
said device wherein the users of said 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 chapter to prevent overcrowding and to assure safe passage of the
general public, and each machine shall have its own unobstructed perimeter
zone.
C.
No games subject to this chapter may be operated within
500 feet of a school or house of worship. This section of the chapter shall
not be construed to require the removal of any automatic amusement devices
which are in place before the effective date of this chapter.
A.
No person shall, in his place of business, permit gambling
in connection with the playing of any mechanical amusement game.
B.
An 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.
The Chief of Police or his designee may make an investigation of the
premises and the applicant to determine the truth of the facts set forth in
the application. The Fire Chief may inspect the premises to determine whether
said premises comply with the existing fire regulations of the township. The
Chief of Police, the Fire Marshal and the Construction Code Official may,
upon completion of their inspection, attach to said application their reports,
in writing. Upon receipt of said application and inspection reports, if any,
the Township Clerk shall submit the same for either approval or disapproval
to the Township Committee. If the applicant is approved, the Township Clerk
issues the necessary license upon the receipt of the license fees as herein
provided.
A.
The following fees shall be charged and collected under
the provisions of this chapter in the amounts set in the Township of Waterford
Fee Schedule Ordinance[2]:
B.
Nonprofit or charitable organizations shall be exempt
from the payment of the aforementioned fees, but shall comply with all other
provisions of this chapter.
A.
Anytime after the granting of said license, the Township
Committee may, in the reasonable exercise of its discretion, revoke the same,
if after a hearing it finds:
(1)
Gambling on the premises.
(2)
False or incorrect material on the application or information
furnished by the applicant.
(3)
Failure to maintain good and safe conduct on the premises.
(4)
Violation of the laws of the State of New Jersey, of
this chapter or other ordinances of the Township of Waterford.
(5)
The presence of the machines result in gambling, obscene
and loud language disturbing to the public or to the other patrons of the
premises, creating of a nuisance, excessive noise, litter, traffic or rowdyism
by the patron.
B.
Posting and displaying. Any operator's license granted
pursuant to this chapter shall:
Any person or persons, firm or corporation who or which violates any
provisions of this chapter, upon conviction thereof, shall be punishable by
a fine not exceeding $1,000, imprisonment for a term not exceeding 90 days
or a period of community service not exceeding 90 days, or any combination
thereof. Each day that a violation occurs or is committed shall constitute
a separate offense.
