[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.
A fee of $50 will be assessed for any vending machine that provides
a service, a form of entertainment, or a nonfood/nonbeverage product.
B.
A fee of $25 will be assessed for any vending machine that provides
a food or beverage.
C.
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[1]]
The license term is January 1 through December 31 of each calendar
year.
A.
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.
B.
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:
(1)
Name and address of the applicant;
(2)
Name under which the place is being operated and the
location of the same;
(3)
Number and type of alcoholic beverage license, where
applicable;
(4)
Number and type of machines sought to be licensed;
(5)
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;
(6)
Name and address of the person from whom each device
is to be purchased, rented or otherwise obtained;
(7)
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)
Terms of the agreement governing the acquisition and
installation of said automatic amusement game;
(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 pertaining
to gambling or gaming; and
(10)
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]
C.
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.
D.
Certificate issued.
[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.
