[HISTORY: Adopted by the Township Council
of the Township of Galloway 4-19-1983 by Ord. No. 725. Amendments
noted where applicable.]
The intent and purpose of this chapter is as
hereinabove stated in the introductory statements which are to be
considered as part and parcel of this chapter.[1]
[1]
Editor's Note: The preamble to Ord. No. 725
provides as follows:
"WHEREAS, the Municipal Council deems it necessary
to promote and protect the public health, safety, general welfare
and morals of the citizenry of the Township of Galloway; and
"WHEREAS, the Municipal Council further deems
it necessary to protect the established character and the social and
economic well being of both private and public property; to promote,
in the public interest, the proper utilization of land within the
municipality for the purpose for which it is most appropriate; and
to secure safety from fire, panic and other dangers while providing
adequate light, air and convenience of access; to prevent overcrowding
of buildings and to control the traffic and population so as to avoid
undue concentrations of either; and to lessen and where possible to
prevent traffic congestion; and
"WHEREAS, in an effort to adhere to the above-stated
requirements, the Municipal Council of the Township of Galloway deems
it necessary and appropriate to adopt an ordinance to properly establish,
regulate and control amusement devices with the township;"
As used in this chapter, the following terms
shall have the meanings indicated:
Any building, structure or premises which has for its primary
purpose or function the offering of coin-operated and non-coin-operated
amusement machines or devices.
Any machine, whether operated mechanically, electrically
or by other means and regardless of whether or not it registers, scores
or tallies, which, upon insertion of a coin, slug, token, plate, disc,
key or turning of a switch, may be operated by the general public
as a game or for entertainment or amusement purposes. These devices
shall include, but shall not be limited to, pinball machines, mechanical
grab machines, air hockey, rifle or pistol target shooting which do
not require the use of slugs or bullets but use only electronic transmissions
to register or score, pool, billiards, marble machines, simulated
motor vehicle operations, aptitude testing, strength testing, computer
and/or electronic games. This above-stated list is intended to be
illustrative only, and the term "coin-operated and non-coin-operated
amusement machine or device" shall include all games or devices of
a similar nature regardless of what name may be given to them.
This definition specifically excludes nonamusement
machines which are in the nature of vending machines in supplying
items such as food, beverages, cigarettes, novelties or other such
items for sale, and such machines are not intended to be included
within this definition.
This definition additionally specifically excludes
any coin-operated and non-coin-operated amusement machine or device
which is placed in any commercial establishment which has as its primary
purpose of existence a commercial use other than the use by the general
public of such machines and which has three or less such machines
on the premises. Examples of commercial establishments where the existence
of machines otherwise governed by this chapter are taverns, restaurants
or any other commercial use which has three or less of the machines
in question.
This definition additionally specifically excludes
any coin-operated and non-coin-operated amusement machine or device
which is placed in any game room located within the physical confines
of a campground; provided, however, that the game room is not open
to the general public but only to the patrons of the campground and
their duly admitted guests.
The person, corporation and/or other business entity which
operates the premises upon which the coin-operated and non-coin-operated
amusement machines or devices are located and the person, corporation
or other business entity which controls the operation of said machines
or devices, whether or not said person owns or leases said machines
or devices.
The owner of the coin-operated or non-coin-operated amusement
machines or devices themselves.
Any shopping mall or mini-mall containing the provisions
for more than three business establishments, of whatever nature, whether
or not said mall or mini-mall is totally occupied.
An arcade shall be a conditional use in the
Commercial-Residential District (§ 410 of Ordinance No.
573 of 1978) and the Planned Industrial District (§ 409
of Ordinance No. 573 of 1978[1]) and under the same terms and conditions as provided for
in Ordinance No. 573 of 1978, the Comprehensive Land Management Code
of the Township of Galloway;[2] however, said use shall be subject to the following additional
terms and conditions:
A.
The applicant for a mercantile license for the operation
of an arcade or for any other retail business which shall contain
four or more of the amusement machines or devices referred to in this
chapter shall be required to submit to a background check by the Galloway
Township Police Department in the same fashion and under the same
terms and conditions as an applicant for a liquor license. In this
instance, should the owner of the machines and the operator of the
machines be of different identity, then both shall be required to
submit to a background check as hereinabove stated. An application
for this type of mercantile license shall call for the following information,
as a minimum:
(1)
Name, address and telephone number of the owner of
the premises, together with his or her age and prior criminal record,
if any.
(2)
Name, address and telephone number of the owner of
the machinery to be placed in the arcade, together with his or her
age and prior criminal record, if any.
(3)
Name, address and telephone number of the applicant,
together with his or her age and prior criminal record, if any.
(4)
Should any of the above be a corporation, then the
corporation shall provide the exact name of the corporation, the state
and date of incorporation, the names and addresses of the officers
of the corporation and the names and addresses of the directors of
the corporation and, as to each individual, a statement of his or
her prior criminal record, if any, and the name and address of the
registered agent of the corporation.
(5)
Name, address, telephone number, age and prior criminal
record, if any, of any person having any financial interest in the
operation for which a mercantile license is requested in accordance
with the terms and conditions of this chapter.
(6)
The exact number of machines intended to be placed
upon the premises.
B.
There shall be no transfer of the mercantile license issued under this chapter without a new application having been completed in the same manner as provided for in Subsection A above.
C.
The Municipal Clerk shall, upon the affirmative recommendation
of the designated member of the Police Department conducting said
investigation, issue the mercantile license requested. Should, however,
the Municipal Clerk receive a negative report from the Police Department
or otherwise obtain any information which morally adversely reflects
upon the applicant or any other person required to submit information
on the application and/or for any other good cause, the Municipal
Clerk shall submit the application for review and approval or disapproval
to the governing body for such action as it shall deem appropriate
under the circumstances.
D.
The premises on which the mechanical amusement devices
within the arcade are located shall be permitted on the first floor
of the premises only and shall be so arranged as to permit a clear
view of the interior from the exterior at all times and shall have
sufficient glass frontage to permit a clear view of the interior of
the premises by the Code Enforcement Official or law enforcement officer
viewing the interior from the exterior of the premises. No loitering,
as that term is defined by the Criminal Statutes of the State of New
Jersey and the case law relating thereto, shall be permitted outside
the premises.
E.
The arcade shall not be permitted to operate between
the hours of 3:00 a.m. and 9:00 a.m., prevailing time. Every owner
and/or operator of an arcade shall comply with the provisions of any
municipal ordinance which establishes when minors must be out of public
places and off public streets and playgrounds except when accompanied
by a parent or guardian.[3] Irrespective of the provisions of any other municipal
ordinance now in effect, no minor under the age of 16 shall be permitted
upon the premises prior to 3:00 p.m. prevailing time, on any day in
which public school, parochial school or private school is in session.
This provision shall not be in effect except during the normal school
year as provided for by the New Jersey State Board of Education and/or
any authorized subsidiary thereof.
[Amended 7-24-1990 by Ord. No. 1016]
F.
In addition to the normal mercantile license required
for this type of commercial operation as hereinbefore and hereinafter
provided, each coin-operated and/or non-coin-operated amusement machine
or device shall likewise also be licensed, and the license shall be
conspicuously displayed on the premises. No machine which would otherwise
be unauthorized by this chapter shall be permitted to be licensed
by the Clerk of the Township of Galloway.
G.
Gambling shall be prohibited either in or about the
premises.
H.
There shall be conspicuously displayed in the premises
a copy of this chapter, in addition to a notice printed in capital
letters, six inches in height, containing:
In addition, no arcade and no mechanical amusement
device within an arcade shall be permitted within 500 feet of a church
or other religious institution nor within 500 feet of any public or
private school unless the same is located in a shopping mall or mini-mall,
and there shall not be permitted any more than one arcade facility
containing mechanical amusement devices located within 1,000 feet
of any other arcade, the distance to be measured from building line
to building line at their closest points.
A.
Erection and installation of coin-operated or non-coin-operated
mechanical amusement devices as permitted within an arcade shall comply
with all local, state and federal codes. In addition, for each one
square foot of floor space occupied, taken up or covered by a machine
(to be measured at its widest, deepest and longest points, whether
touching the surface of the floor or not), a minimum of three square
feet of open space shall be required in order to provide an established
ratio between occupied space and space for the unobstructed flow of
customers. If machines are located along an aisleway, the minimum
width of aisles between the machines shall be 12 feet.
B.
In computing open space as used in this section, any
and all interior sections of the structure reserved for office, rest
room, operation, storage or other facilities shall be deducted, and
only the actual open unobstructed space shall be considered open for
purposes of this calculation.
A minimum of two rest rooms must be provided
within the arcade or immediately adjacent thereto, one to be designated
for each sex.
During the hours of operation, the arcade must
be supervised at all times by at least one responsible adult individual
who shall be an employee of the owner or operator of the premises
and who shall be responsible for the supervision, maintenance and
operation of the premises during all hours of operation.
There shall be one automobile parking space
provided for each four mechanical amusement devices and two bicycle
parking spaces provided for each five mechanical amusement devices.
The bicycle parking facility shall be affixed to the ground and constructed
of steel pipe in a manner approved by the Municipal Construction Official.
No operator shall permit any activity or the
operation of any machine which is illegal or immoral or which creates
an undue amount of noise or danger of a breach of the peace to occur
on the premises.
A.
Exterior lighting shall be provided on the exterior
of the arcade as approved by the appropriate board of the Township
of Galloway. Lights shall provide a minimum of 10 footcandles of illumination.
B.
The building or premises to be used for arcade purposes
shall be designed and constructed and sufficiently insulated to provide
noise elimination permitting a maximum of 50 dBa of noise measured
at 25 feet from the arcade, and certification verifying the appropriate
sound transmission rating to establish such decibel maximums shall
be submitted to the Construction Official as a condition precedent
to granting a conditional approval for the use of the premises as
an arcade.
No operator or owner shall offer or permit to
be offered within the premises any prizes or awards, whether in cash
or otherwise.
No operator shall knowingly permit any person
convicted of a crime involving moral turpitude to be associated within
the ownership, management or operation of the business.
No gambling devices of any kind whatsoever,
inclusive of but not limited to any device that dispenses any kind
of payoff or reward or any device that has been judicially determined
to be a gambling device or declared to be a gambling device under
any law of the State of New Jersey, shall be permitted.
No occupation, other than operation of coin-operated
or non-coin-operated mechanical amusement devices, shall be permitted
to be carried on within the premises of the arcade, and the arcade
shall not be an accessory use to any other occupation or activity
within the Township of Galloway. This includes, but shall not be limited
to, operation of coin-operated or non-coin-operated vending machines
which shall dispense food, beverage or other commodities. No such
vending machine shall be permitted within the arcade.
In order to obtain approval of the conditional use of the arcade within the permitted zones, a site plan must be filed with the application establishing the applicant's compliance with §§ 103-4, 103-5, 103-8 and 103-10, indicating location of proposed parking for both bicycles and automobiles, lighting, compliance with the noise level requirements, distance to the nearest public or private school or religious institution, compliance with all applicable buffer zones, distance to any other existing arcade and such other requirements as may be imposed by other sections of the Zoning and Land Use Ordinances of the Township of Galloway.[1]
[Amended 11-26-1991 by Ord. No. 1066]
A.
The initial mercantile license for an establishment
covered by this chapter shall be $250. The machine license charge
shall be abolished.
B.
Any subsequent mercantile license issued to the same
owner and/or operator shall be in the amount of $250 per year.
C.
Any mercantile license transfer shall have an initial
charge of $250.
D.
Any change of machine owner and/or supplier shall
require the payment of an investigation fee of $250.
E.
In no event shall there be a permitted transfer of the mercantile license, nor shall there be a permitted change in the supplier of machines covered by this chapter, unless and until the appropriate fees have been paid, the required investigations have been made and completed as otherwise provided for in this chapter and the new owner and/or operator of the business and/or supplier has been cleared as otherwise provided for and contemplated by the terms of this chapter and in accordance with the provisions of Chapter 241, Licensing, as amended.
Any violation of this chapter or of any other ordinance or state statute with respect to the operation of an arcade or any other business establishment having four or more said amusement machines and/or devices, as defined herein, shall give rise to the revocation of the mercantile license issued in accordance with the provisions of Chapter 241, Licensing, as amended.
[Amended 10-4-1983 by Ord. No. 745; 6-28-2005 by Ord. No. 1609; 12-13-2016 by Ord. No. 1951-2016]
In addition to the provisions of § 103-17 above and/or in conjunction therewith, any person in violation of this chapter, which results in the finding of guilty in the Municipal Court of the Township of Galloway, shall be considered a petty disorderly person and shall be subject to a fine of not more than $2,000, imprisonment for not more than 90 days and/or a period of community service for not more than 90 days, per violation. Each day that a violation continues shall constitute a separate offense under this chapter.
[Added 4-23-1991 by Ord. No. 1039]
A.
All other conditions of the chapter being met, the
Township Council may grant a variance from the requirement of three
square feet of open space for every one square foot of floor space
within the building occupied.
B.
The variance request will be heard at a meeting of
the Township Council.
C.
An application for a variance shall be made to the
Township Clerk. The application shall include:
D.
The Township Clerk shall advise the applicant of the
hearing date.
E.
Upon notice of the hearing date, the applicant shall
serve notice on all residences and/or businesses within 200 feet of
the proposed variance advising of the application and hearing date.
F.
Proof of service shall be made to the Township Clerk
no later than the Wednesday before the scheduled hearing date.
H.
The Township Council may approve, deny or modify the
variance application.
