The following words shall, for the purpose of
construing this chapter, be understood to have and include the following
meanings:
AUTOMATIC AMUSEMENT DEVICES and DEVICE
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.
DISTRIBUTOR
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.
ESTABLISHMENT
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.
OPERATOR and LICENSEE
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.
PERSON
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.
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.
[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.