[HISTORY: Adopted by the Borough Council
of the Borough of Paramus 5-14-1969 by Ord. No. 608 (Ch. 4, Art. 2,
of the 1969 Code). Amendments noted where applicable.]
No person shall maintain, operate, conduct or pursue the business or occupation of keeping any public room or place wherein the games commonly known as "pool" or "billiards" or similar games are played without first having obtained a license therefor from the Mayor and Council as hereinafter provided, except as provided in § 331-11.
An application for a license shall be filed
with the Borough Clerk, with an original and five copies, on forms
to be furnished by him, which forms shall include the following information:
A.
The name and address of the applicant.
B.
In case of a partnership, the names and addresses
of all partners.
C.
In case of a corporation, the names and addresses
of the officers, directors and all stockholders presently holding
stock and all persons holding stock for a period of six months prior
to the making of said application.
D.
In the case of clubs or associations, the names and
addresses of all officers.
E.
The names and addresses of proposed employees.
F.
Whether or not any of the persons named in the application
have ever been convicted of a crime, and the details thereof.
G.
The location of the premises to be licensed; size
of the room; entrances and exits thereto; proposed floor plan of arrangement
of the tables and the location of the room in the building, i.e.,
floor, front or rear, basement, etc. For the aforesaid purpose the
applicant shall submit a drawing including all dimensions, but which
need not be drawn to scale.
H.
The number of pool tables and billiard tables to be
located upon the premises to be licensed.
A.
When an application is made to renew an outstanding
license issued hereunder, upon certification by the applicant that
all of the information as required is the same as that contained in
the original application, no further information need be supplied.
If there is any change, a new application form must be completed in
all respects. The Borough Clerk shall provide forms for such renewal
applications and certifications.
B.
Upon receipt of an application to renew an outstanding license as provided in Subsection A hereof, the provisions required by § 331-4 shall not apply, but each such renewal application shall require a resolution of the Mayor and Council approving such application and all license fees as required by § 331-6 shall be paid.
No license shall be issued until the fulfillment
of the following requirements:
A.
Upon receipt of an application for a license, the
Borough Clerk shall transmit copies thereof to the Police Chief, Chief
of the Fire Department, Building Inspector and Health Officer, each
of whom shall investigate the applicant and proposed licensed premises
in accordance with their respective jurisdictions and in accordance
with such rules and regulations as may, from time to time, be promulgated.
They shall report back, in writing, to the Borough Clerk their findings
of fact and recommendations.
B.
Every applicant for a license shall cause a notice
of the making of such application to be published in a form to be
supplied by the Borough Clerk to such applicant once a week for two
weeks successively in a newspaper printed in the English language
published and circulating in the Borough. Proof of such publication
shall be presented to the Borough Clerk.
C.
The Borough Clerk shall complete whatever additional
investigation is required by the terms of this chapter, having a reasonable
time within which to do so, and at the completion thereof shall transmit
to the Mayor and Council all materials and information in his possession
concerning the license application.
A.
All licenses herein provided for shall be issued by
the Borough Clerk only after a resolution of the Mayor and Council
shall have been adopted approving said application and only after
payment of the license fees therefor.
B.
All licenses shall be valid for a term commencing
on the first day of July of each year and expiring on the 30th day
of June of the year following, unless sooner revoked.
The license fee for each pool or billiard room
or place shall be as follows:
B.
Upon the issuance of the license, the licensee shall
also receive a card upon which shall be reproduced a copy of this
chapter and the face of which shall contain a sign in bold print,
not less than two inches in height per letter, giving notice that
no person under the age of 16 years is permitted as a participant
in the licensed game. The licensee shall post and display said card
in a conspicuous place in the premises licensed under this chapter.
A.
No license issued under this chapter shall be assigned
or transferred from person to person or from place to place.
B.
The number of licenses issued under the authority
of this chapter shall be limited to not more than one license for
each 10,000 persons of population in the Borough as shown by the last
then-preceding federal census.
The following rules, regulations and prohibited
practices shall be applicable to the operation of the licensed premises:
A.
No person under the age of 16 years shall be permitted
upon the licensed premises unless accompanied by his parent or guardian.
No person under the age of 16 years shall be permitted to play in
the licensed premises.
B.
No person under the age of 21 years shall be employed
by the licensee in any capacity in or upon the licensed premises.
C.
The licensee shall not admit any intoxicated or disorderly
person into or upon the licensed premises or permit such person to
remain therein.
D.
No licensee shall be permitted to conduct his business
in a disorderly manner or contrary to the peace and security of the
community. Encouraging or permitting loitering within the licensed
premises or on public or private property outside of and immediately
adjacent to the licensed premises shall be considered for the purpose
of this chapter as conducting the business in a disorderly manner.
E.
No licensee shall permit or allow any person to play
pool or billiards or similar games for any money or any other valuable
consideration.
F.
No licensee shall permit card playing on the premises
licensed under this chapter, even though such card playing is for
social purposes.
G.
No licensee shall permit any person to cause any noise
or loudness of such a nature to disturb the peace and quiet in, upon
and around the licensed premises.
H.
No licensee shall permit any of the entrances of the
licensed premises to be locked during the hours when the business
is being conducted.
A.
This chapter shall not apply to any religious, charitable,
benevolent or nonprofit organization or corporation or private golf
or country club which operates and maintains pool or billiard tables
solely for the recreation and amusement of its members, provided that
such organization is bona fide in character and is not intended as
a means or device for evading or defeating the terms and provisions
of this chapter.
B.
This chapter shall not apply to the keeping of any
pool or billiard tables in a private residence.
C.
Other than payment of the annual license fee set forth in § 331-6, the issuance and display of the card described in § 331-7B and compliance with the regulations set forth in § 331-10, the remaining provisions of this chapter shall not apply to the keeping of not more than one pool or billiard table as an incidental use on premises for which a plenary retail consumption license has been issued under the provisions of the alcoholic beverage laws and ordinances. Where a plenary retail consumption license premises contains two or more tables, the entire chapter will be applicable.
A.
In addition to the penalties hereinafter prescribed,
the Mayor and Council, after notice and hearing, may suspend or revoke
the license of any licensee on any one or more of the following grounds:
(1)
Violation of any of the laws of the State of New Jersey
upon the licensed premises by the licensee, his agents, servants,
employees or representatives.
(2)
Violation of the rules and regulations specifically
applying to the licensed premises herein set forth or the violation
of any other ordinance of the Borough upon the licensed premises by
the licensee, his agents, servants, employees or representatives.
(3)
If said license was procured by fraud, misrepresentation
or false statement of a material fact, or failure to disclose a material
fact at the time of the filing of said application, where such fact
would have constituted just cause for refusal to issue said license.
(4)
Permitting or suffering any activity upon the premises
which might be detrimental to the public health, safety, welfare or
morals.
B.
In all such cases written notice of the charge or
charges and the time and place of the hearing thereon shall be served
upon the licensee, either in person or by certified mail addressed
to the licensed premises. No revocation or suspension shall occur
unless the licensee shall have been afforded a full opportunity to
be heard in defense of such charge or charges.
C.
In the event of revocation or suspension of said license,
the licensee shall not receive a refund of any portion of the annual
license fee.
[Amended 11-24-1992 by Ord. No. 92-23; 3-14-2006 by Ord. No. 06-2]
Any person who violates any provision of this chapter shall, upon conviction, be subject to the penalties provided by § 1-15 of this Code. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.
