[HISTORY: Adopted by the Township Committee
of the Township of Harrison 12-6-1982 by Ord. No. 7-1982. Amendments noted where
applicable.]
GENERAL REFERENCES
Curfew — See Ch. 100.
The following words shall, for the purpose of
construing this chapter, be understood to have and include the following
meanings:
These words shall be synonymous and shall mean any machine
which may be activated and operated by the insertion of a coin, slug,
token plate, card or disk and is intended for use by the general public
as a game, entertainment, or amusement, whether or not it registers
a score, including but not limited to such devices as marble machines,
pinball machines, skill ball or mechanical grab machines and similar
devices by whatever name they may be called; also video-type games
or machines or similar devices that use a display screen for figures,
points, lines and/or dots of light that can be manipulated to simulate
games or other types of entertainment. This definition shall not,
however, include, nor shall this chapter apply to music-playing machines
and other kinds of music-playing devices used solely for the playing
of music.
Any person who supplies any automatic amusement device to
another person for use in any establishment possessed or operated
by such other person, whether by sale, lease or any other arrangement.
Any premises or place of business open to the public containing
one or more automatic amusement devices which is operated or intended
to be operated for a profit.
These words shall be synonymous and shall mean any person
to whom a license to operate an establishment has been granted and/or
who is engaged in the business of operating an establishment, either
by himself or through his agents, servants or employees, containing
one or more automatic amusement devices which is operated or intended
to be operated for profit.
Any person, firm, partnership, corporation or other kind
of association of persons.
No person shall engage in the business of maintaining
or operating an establishment as in this chapter defined within the
Township of Harrison, in the County of Gloucester, without first making
an application for and obtaining a license to operate the establishment
where such business is to be carried on and a registration permit
for each automatic amusement device to be located or kept therein.
The number of licenses that may be allowed and
the limitation thereon shall be as follows:
A.
There shall be no limitation on the number of licenses
that may be issued for an establishment containing not more than two
automatic amusement devices.
B.
No license shall be issued for an establishment containing
three or more automatic amusement devices until the ratio of each
license issued and outstanding for establishments containing three
or more automatic amusement devices within the Township shall be one
license to every 1,000 persons resident within the Township as determined
by the preceding federal census; provided, however, that one additional
license may be issued for an establishment containing three or more
automatic amusement devices on resolution of the Township Committee
in the event the population exceeds by as much as 500 residents any
multiple of 1,000 residents in the Township.
A.
The number of automatic amusement devices that may
be located or kept in any one establishment shall be determined by
the physical space available in the establishment.
B.
The following rules shall govern the location and
number of all automatic amusement devices in each establishment:
(1)
Each device shall be located at least 10 feet from
all entrances and exits to the establishment wherein the business
is operated and shall be placed so as not to obstruct or interfere
with the free entry and exit of patrons and other persons in the establishment.
(2)
Each device shall have a clear area walkway at least six feet wide in front of each device, or row of devices, so as to leave an unobstructed walkway space or aisle at least six feet wide in front of each device and row of devices. Each such walkway or aisle shall connect with and lead into at least one main access walkway or aisle which shall also be at least six feet wide and shall connect with and lead to and from the main outside entrance/exit door of the establishment or other unobstructed outside exit such as is described in Subsection B(1) above.
C.
No license shall be granted for the operation of an
establishment within a radius of 500 feet of a house of worship or
a school, either public or private, attended by pupils in any of the
first 12 grades. This provision shall not, however, apply to any establishment
which was in operation on the effective date of this chapter, unless
it is determined by the Township Committee, on notice and hearing,
that the location of the establishment for any valid reason constitutes
a nuisance to persons present in or attending the house of worship
or school.
A.
The fee for a license to operate an establishment
shall be $100 for each calendar year or part thereof. Said fee shall
be paid at the time of making the application.
B.
The fee for a registration permit for each automatic
amusement device be kept in the establishment for which the license
is sought shall be $50 for each device for each calendar year or part
thereof. Said fees shall be paid at the time of making the application
for a license to operate an establishment.
A.
All applications for a license to operate an establishment
to contain one or more automatic amusement devices shall be made to
the Township Clerk on application forms which can be obtained from
the Township Clerk. All applications shall be signed by the applicant
and the facts therein stated shall be verified by oath or affirmation
of the applicant.
B.
The application for a license to operate an establishment
to contain one or more automatic amusement devices shall contain the
following information:
(1)
Name and address of the applicant and names and addresses
of all other persons who have or will have an interest in the establishment
and in the case of an incorporated applicant, the names and addresses
of every stockholder to whom more than 10% of the corporate stock
has been issued or is intended to be issued.
(2)
Name under which the establishment is to be operated.
(3)
Address of the establishment.
(4)
Name and address of the owner of the premises on which
the establishment is to be located.
(5)
Number and type of automatic amusement devices to
be installed in the establishment.
(6)
Location within the establishment where each automatic
amusement device is to be placed, which information may be shown by
drawing of a floor plan if applicant desires.
(7)
Name and address of the person from whom each automatic
amusement device to be kept in the establishment is to be purchased,
rented or otherwise obtained.
(8)
Description of each automatic amusement device sought
to be licensed including, for the purpose of issuing registration
permits for each device, the name of the manufacturer, model number,
serial number and commonly used name or type of each device.
(9)
Terms of each agreement governing the acquisition
of each automatic amusement device.
(10)
A statement as to whether the applicant, distributor
and/or any other person connected with or having an interest in the
business for which the application is made has ever been convicted
of any crime or found guilty of the violation of any ordinance pertaining
to gambling, gaming or possession with intent to distribute marijuana
or controlled dangerous substance. Any applicant who has been convicted
of any such crime or violation shall, on request of the Township Police
Chief, furnish such further information pertaining to any conviction
or violation that may be requested by the Chief.
(11)
Any other information which the Township Clerk, Township
Police Chief or Township Coordinator may deem reasonably necessary
or proper to request for the purpose of fully implementing the provisions
of this chapter.
C.
Any false statement made in an application for a license
shall constitute a violation of this chapter.
A.
Application for licenses to operate an establishment
shall be reviewed by the Township Police Chief, the Township Construction
Official and the Township Fire Official.
[Amended 8-19-2013 by Ord. No. 29-2013]
(1)
The Police Chief shall determine upon the credibility
of the facts set forth in the application.
(2)
The Construction Official shall inspect the establishment where the business is to be carried on to determine whether it complies with the State Construction Code and the provisions of any Township Building Code and Chapter 225, Zoning, that may be in effect on the date of the application.
(3)
The Fire Official shall inspect the establishment
where the business is to be carried on to determine whether it complies
with the provisions of any Township Fire Code and fire prevention
regulations that may have been enacted by the Township Committee or
the Township Board of Fire Commissioners.
B.
Each of said officials shall then make a written report
of their findings to the Township Coordinator who shall inform the
Township Committee thereof, and the Township Committee shall at its
next regular meeting act to either approve or disapprove issue of
a license to the applicant.
C.
The Township Clerk shall, upon approval of the Township
Committee and receipt of the license fee and permit fees hereinbefore
provided for, issue a license to the applicant to operate the establishment
and registration permits for the automatic amusement devices to be
placed in the establishment.
D.
The Township Construction Official shall, on notice
from the Township Clerk, affix the registration sticker or stickers
to the device or respective devices for which they were issued.
A.
Every license issued by the Township Clerk for the
operation of an establishment shall state:
(1)
The name and address of the person to whom the license
was issued;
(2)
The location of the establishment for which the license
was issued;
(3)
The date of issue and date of expiration of the license;
(4)
The number of automatic amusement devices to be kept
in the establishment; and
(5)
Shall be posted in a conspicuous place in the establishment
for which it was issued.
B.
Every registration sticker issued by the Township
Clerk shall be in the form of a small sticker containing information
to identify the automatic amusement device for which it was issued
and shall state:
A.
All licenses to operate an establishment and all registration
permits for automatic amusement devices to be kept therein shall be
issued for a term of one year, commencing on the first day of January
and expiring on the 31st day of December of the year for which the
license was issued.
B.
A registration permit for an automatic amusement device
may be transferred from one device to another on written notice to
the Township Clerk containing a description of the device for which
it was issued and a description of the device to which it is to be
transferred, which descriptions shall include the name of the manufacturer,
model number and serial number of both devices. The Township Construction
Official shall, on notice from the Township Clerk, affix a new registration
sticker to the device to which the old registration permit has been
transferred. No additional registration fee shall be charged for the
transfer of a registration permit.
C.
No license issued to any establishment shall be transferred
to any other establishment in the Township unless an application for
transfer is made to and approved by the Township Committee.
D.
Applications for renewal of licenses for establishments and for registration permits for automatic amusement devices for each calendar year shall be made not later than the first day of November of the preceding year and shall contain the information required by § 76-3 of this chapter and shall be accompanied by the fees required by § 76-5 of this chapter.
A.
The hours during which any automatic amusement device
may be operated in any establishment shall be limited to the following
hours during the following days of each week:
B.
The operator of every establishment, or a person whom
the operator has placed in charge of the establishment, shall be personally
present in such establishment during all hours that automatic amusement
devices are operated and permitted to be operated therein.
A.
It shall be unlawful and a violation of this chapter
for any persons to engage in or commit any of the acts enumerated
in the following subsection of this chapter in any establishment or
on the premises whereon it is located.
B.
It shall be unlawful and a violation of this chapter
for which the Township Committee may revoke the license and registration
permits issued to any licensee (whether personally operating the business
or employing another person to operate the business) who suffers or
permits any person to engage in or commit any of the following acts
in the establishment for which the license was issued or on the premises
whereon it is located.
(1)
To gamble or play games of skill or chance for money,
or any other thing of value, or wager on the result of the operation
of any automatic amusement device.
(2)
To display or consume or invite any other person to
consume alcoholic beverages of any kind whatsoever.
(3)
To display, use, or invite any other person to use,
or traffic in marijuana, harmful drugs or any controlled dangerous
substance.
(4)
To display or distribute any obscene or pornographic
literature, pictures or other pornographic thing.
(5)
To perform any lewd act or engage in obscene conduct.
(6)
To enter any toilet in the establishment which is
reserved for or customarily used by persons of the opposite sex.
(7)
To repetitively use loud and profane and/or indecently
vulgar language.
(8)
To fight with or threaten any other person.
(9)
To engage in such loud and boisterous and/or rowdy
conduct as to constitute a nuisance to other persons in the establishment
or in the vicinity of the establishment.
(10)
To violate any law of the State of New Jersey or ordinance
of the Township relating to the operation and management of a place
of amusement.
It shall be the duty of every licensee, whether
he be personally engaged in operating the business for which the license
was granted, or has employed other persons to operate the business
and manage the establishment in which it is carried on, to do and
perform all of the following acts and failure to do or perform any
one or more of said following acts shall be a violation of this chapter,
for which the license may be revoked:
A.
To post the license issued for the establishment in
a conspicuous place, clearly visible on entry through the main doorway
of the establishment.
B.
To keep the registration permit stickers issued by
the Township Clerk for each automatic amusement device in such position
on the device for which issued as to be readily visible to persons
using the device.
C.
To restrict the operation of automatic amusement devices
in the establishment for which the license was granted to the hours
between 9:00 a.m. and 11:00 p.m. from Sunday through Thursday, both
inclusive, of each week; and between the hours of 9:00 a.m. and 12:00
midnight on Friday and Saturday of each week, and not to allow the
operation of any automatic amusement device in the establishment at
any other time.
D.
To keep a clean and orderly establishment with separate
sanitary toilet facilities for the use of male and female patrons
of the establishment, either in the establishment or on the premises
where the establishment is located.
E.
To exclude minors who are under eight years of age
from the establishment and use of the amusement device therein, unless
such minor is accompanied by his or her parent or guardian or other
person over 18 years of age having custody, care or control of such
minor.
F.
To refrain from and prevent the use of any automatic
amusement device or other amusement device in the establishment equipped
with a contrivance to propel a pellet, ball or any other thing outside
of the enclosed portion or partly enclosed automatic amusement device
or other type of amusement device.
G.
To refrain from the employment of any person known
to have been convicted of a crime or disorderly act pertaining to
possession of marijuana, controlled dangerous substances or gambling.
H.
To prevent congregations of persons in the establishment
or on the premises whereon it is located from engaging in loud, boisterous
and noisy conduct to such an extent as to constitute a nuisance to
other persons in the establishment and vicinity of the establishment.
I.
To comply with all provisions of this chapter and
all laws of the State of New Jersey pertaining to the operation of
a business or place of amusement open to the public and operated for
profit.
A.
Every license and all registration permits issued
to any person may be revoked by the Township Committee for any act
or thing which is a violation of this chapter and/or for failure to
do or perform any act or thing which is required by this chapter;
provided, however, that no license shall be revoked unless the licensee
is found guilty of the violations by 2/3 of the members of the Township
Committee after having first been charged with the violation and afforded
a hearing in accordance with the procedure hereinafter set forth.
B.
No license issued to operate an establishment shall
be revoked by the Township Committee for a violation of this chapter
until and unless the following procedure has been instituted and concluded
to assure the licensee of a fair and impartial hearing:
(1)
A charge in writing stating the time, place and nature
of the violation and/or violations has been presented to the Township
Committee either by a Township official who has reason to believe
a violation has occurred or by a resident of the Township having knowledge
thereof.
(2)
The Township Committee has arranged for a public hearing
of the charge.
(3)
At least 10 days' notice of the time and place of
hearing and a copy of the charge has been served on the licensee of
the establishment who is alleged to have committed the violation.
Service of the charge shall be by personal service on the licensee
or, in the event personal service is impractical or impossible, by
leaving a notice with the person in charge of the establishment and
mailing a copy of the notice to the licensee at his last known address
with return receipt requested.
(4)
A licensee is afforded the opportunity to appear at
the hearing, to be represented by counsel, to confront the complainant,
to testify on his own behalf, to produce witnesses to testify in his
defense and to cross-examine witnesses testifying against him.
(5)
The licensee is found guilty of the violation by a
majority of the entire membership of the Township Committee.
[Amended 12-6-2004 by Ord. No. 40-2004]
Any person violating any of the provisions of
this chapter shall, upon conviction, be subject to a fine not exceeding
$1,250, imprisonment for a term not exceeding 90 days or a period
of community service not exceeding 90 days. In the event of a continuous
and uninterrupted violation of the provisions of this chapter, each
and every day in which said violations continue without interruption
shall constitute a separate violation.