[HISTORY: Adopted by the Township Council of the Township of Burlington 4-16-1957; amended 12-31-1952; 4-27-1971; 4-27-1977; 4-24-1984; 12-26-1984 (Sec. 12:1 of the 1975 General Ordinances). Subsequent amendments noted where applicable.]
[Amended 8-26-2014 by Ord. No. 14-OR-018]
On or after the effective date of this chapter, all vending machines that provide a service, product or entertainment, whether electrically operated or not, maintained, operated or used in any public or quasi-public place or in any building, store or other place wherein the public may enter or wherein the public is invited, and particularly, but not by the way of limitation, all vending machines operated, maintained or used as aforesaid, shall be licensed by the Township Clerk of the Township of Burlington before the same shall be placed, operated, maintained or used within the municipal limits of the said Township of Burlington during the license year of January 1 through December 31 of each calendar year.
[Amended 8-26-2014 by Ord. No. 14-OR-018]
A fee of $50 will be assessed for any vending machine that provides a service, a form of entertainment, or a nonfood/nonbeverage product.
A fee of $25 will be assessed for any vending machine that provides a food or beverage.
A late fee of $5 will be assessed for licenses applied for after January 31 of the calendar year.
[Added 8-26-2014 by Ord. No. 14-OR-018]
The license term is January 1 through December 31 of each calendar year.
License required. Every person, firm, corporation or individual upon whose property a vending machine, as herein defined, currently exists or is proposed to exist shall annually make application to the Township Clerk of the Township of Burlington for a license issued pursuant to procedures outlined in this chapter. For purposes of identification, the party responsible for this license shall be the party in whose name the property is owned according to the tax records of the Township of Burlington.
Application. Every applicant for a license shall fill out a form of application to be furnished by the Township Clerk and pay the appropriate license fee to cover the cost of administration; said fee is to be paid prior to the issuance of the license referred to in this chapter. The Township Clerk is authorized to delegate all powers and duties conferred upon him by this chapter to any of his subordinates as he may deem necessary or proper. The application for the license shall contain the following:
Name and address of the applicant;
Name under which the place is being operated and the location of the same;
Number and type of alcoholic beverage license, where applicable;
Number and type of machines sought to be licensed;
Two copies of site plan showing where each automatic amusement game is to be located, of at least one-fourth-inch to one-inch scale;
Name and address of the person from whom each device is to be purchased, rented or otherwise obtained;
Description of each automatic amusement game sought to be licensed, including, for each device, the name of the manufacturer, model number and serial number;
Terms of the agreement governing the acquisition and installation of said automatic amusement game;
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 pertaining to gambling or gaming; and
Any other information which the Construction Official, Director of Public Safety or subcode officials may deem reasonably necessary and proper in the application for the full protection of the interest of the patrons or the public.
[Amended 9-23-2008 by Ord. No. 08-OR-025]
Exemption. No person, firm, corporation or individual upon whose property a vending machine, as defined under the provisions of this chapter, currently exists or is proposed to exist, shall be required to obtain a license, provided that said machine is owned, operated or used either by the property owner or by some third party for charitable, religious or other eleemosynary purposes and provided further that the person, firm, corporation or individual so exempted from the provisions of this chapter shall cause to be placed upon the machines regulated an inscription indicating the charitable, religious or other eleemosynary purposes for which the proceeds of said machines are to be used. Said inscription shall be sufficient if the inscription bears the designation "Proceeds for the benefit of . . ." followed by the designation of a recognized public service organization, religious institution or charitable fund.
[Added 11-12-2013 by Ord. No. 13-OR-036]
Any machine or device regulated by this chapter and not having a license shall be taken into custody by the Police Department and disposed of by the Police Department. For the purpose of determining whether or not such machines and devices are so licensed, the Police Department shall have the right of entry in any premises where such machines are located. In the event that any such machine or device is taken into custody hereunder and thereafter returned to the owner, operator or distributor, the same shall pay to the Township the sum of $150 in addition to any other fines or penalties provided by this Code.
No cash awards shall be offered or given in any contest, tournament, league or individual play on any amusement game, and no such game shall be permitted to operate if said game delivers or may readily be converted to deliver to the player any piece of money, coin, slug or token.
The Department of Licensing and Inspection will enforce the terms of this chapter.