As used in this chapter, the following terms shall have the meanings
indicated:
COIN-OPERATED AMUSEMENT DEVICE
Any automatic, mechanical or electronic amusement device for skill
or entertainment, whether coin-operated or not, including but not limited
to pinball machines, video games, bagatelle, console, cathode-ray tube game
machine or similar devices that use a display screen for points, lines or
dots of light that can be manipulated to stimulate games or other types of
entertainment.
The purpose of this chapter is to regulate and license the operation
of coin-operated amusement devices within the Township.
Any person, firm, association, company, partnership or corporation maintaining
or operating within the Township a commercial enterprise having on a single
premises one or more coin-operated amusement devices shall obtain from the
Township Clerk a license therefor pursuant to the following procedure:
A. Application for said license shall be made on an application
form provided by the Township Clerk. The application shall set forth the full
name of the applicant or applicants and the name of every person interested
in the outcome of the license application, together with the business and
residence address of each such person, provided that if the applicant is a
corporation, the names of the officers and directors thereof shall be required.
The application shall also state the address of the premises upon which the
coin-operated amusement devices are to be maintained and operated and the
number and description of said devices.
B. Upon receipt of an application for a license to operate
coin-operated amusement devices, the Township Clerk shall record said application
and request the Director of Public Safety, the Fire Chief, and the Building
Inspector or their designees to conduct an investigation. Upon completion
of an appropriate investigation and being satisfied that the information contained
in the application is true and that issuance of said license shall promote
the health, safety and general welfare of persons and property within the
Township, the Director of Public Safety and Building Inspector shall direct
the Township Clerk to issue the license upon payment of the fee or fees as
hereinafter provided.
C. In the event that an application is denied, the applicant
shall be notified thereof by the Township Clerk. Upon a written request by
the applicant, the Township Clerk shall set forth in writing the reasons for
denial of the application. The applicant shall be entitled to request a hearing
on the denial of the application before the Township Board. Said request shall
be made within 30 days of notification by the Clerk of the denial.
D. Upon acceptance of the license application, the applicant
shall pay to the Township Clerk an annual license fee in an amount to be set
by resolution of the Township Board. The annual fees shall be assessed on
a calendar year basis and shall be due and payable on January 1 of each year.
No license shall be issued or renewed unless the Township Clerk is satisfied
that such fees have been properly paid.
Any person who shall violate the provisions of this chapter shall be
responsible for a municipal infraction, subject to the following penalties:
A. The following civil fines shall apply in the event of
a determination of responsibility for a municipal civil infraction, unless
a different fine is specified in connection with a particular section:
(1) First offense. The civil fine for a first offense violation
shall be in the amount of not less than $150, plus costs and other sanctions,
for each offense.
(2) Repeat offense. The civil fine for any offense which
is a repeat offense shall be in an amount of not less than $300, plus costs
and other sanctions for each offense.
B. In addition to ordering the defendant determined to be
responsible for a municipal civil infraction to pay a civil fine, costs, damages
and expenses, the Judge or Magistrate shall be authorized to issue any judgment,
writ or order necessary to enforce, or enjoin violation of the chapter.
C. Continuing offense. Each act of violation, and on each
day upon which any such violation shall occur, shall constitute a separate
offense.
D. Remedies not exclusive. In addition to any remedies provided
for by the code of ordinances, any equitable or other remedies available may
be sought.
E. The Judge or Magistrate shall be authorized to impose
costs, damages and expenses as provided by the law.
F. A municipal civil infraction shall not be a lesser included
offense of a criminal offense or of an ordinance violation which is not a
civil infraction.