[HISTORY: Adopted by the Township Committee of the Township of Colts
Neck 7-29-1982 (Ch. 4 of the 1969 Code). Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings
indicated:
This chapter is intended to apply to any machine which, upon the insertion
of a coin, slug, token plate or disk or operated for any other consideration,
may be operated by the public generally for use as a game, entertainment or
amusement, whether or not registering a score, including but not limited to
such devices as video games, pinball machines, skill ball, mechanical grab
machines, billiard tables, bowling games and all games, operations or transactions
similar thereto under whatever name they may be indicated. In addition to
electromechanical devices, it shall include video-type devices or similar
devices that use a display screen for points, lines and dots of light that
can be manipulated to simulate games or other types of entertainment.
This chapter shall not apply to coin-operated amusements commonly known
as "kiddie rides," more specifically, those coin-operated machines which are
sat upon or in and cause a certain motion or gyration following the insertion
of a coin and are designated primarily for use by children under the age of
10. It shall also not apply to music-playing devices such as jukeboxes. Shooting
galleries where guns or firearms which fire projectiles are used for an amusement,
prize or otherwise are not intended to be included in this chapter and shall
not be licensed or permitted within the limits of the township.
Any person who supplies any automatic amusement device to another
for use in his or her premises, whether under lease or any similar arrangement.
Any person in whose premises any automatic amusement device is placed
or kept for operation.
Any person, firm, corporation, partnership or association.
The purpose of this chapter is to regulate and control all automatic
amusement devices and license those devices which are operated for the purpose
of making a profit. The objective of this chapter is to prevent nuisances
to patrons and the public, fire hazards from overcrowding, poor ingress and
egress, the promotion of gambling, loitering or the creation of an unhealthy
atmosphere for the youth of the community or other foreseeable undesirable
effects arising from the use of automatic amusement devices.
A.
License required. No person shall maintain, operate or
possess in any store, building or other place where individuals may enter
within the Township of Colts Neck any automatic amusement device without first
obtaining a license therefor.
B.
Exemptions. The license requirements of this chapter shall not apply to the Township of Colts Neck nor to churches, synagogues and places of worship within the Township of Colts Neck nor to any nonprofit organizations, such as civic, fraternal or vocational organizations. All other requirements of this chapter shall apply to these uses except § 76-5C.
A.
All applications for a license under this chapter shall
be made and delivered to the Township Clerk on forms to be supplied for the
purpose and shall be subscribed and sworn to by the applicant, who must be
at least 18 years of age.
B.
The application for the license shall contain the following:
(1)
The name and address of the applicant.
(2)
The name of the place or establishment where the automatic
amusement device is to be operated and the location of the same.
(3)
The number and type of alcoholic beverage license associated with Subsection B(2), where applicable.
(4)
The number and type of automatic amusement devices sought
to be licensed.
(5)
The location where each automatic amusement device is
to be located.
(6)
The name and address of the person from whom each device
is to be purchased, rented or otherwise obtained.
(7)
A description of each automatic amusement device sought
to be licensed, including, for each device, the name of the manufacturer,
model number and serial number.
(8)
The terms of an agreement governing the acquisition and
installation of said automatic amusement device.
(9)
Information indicating whether the distributor, the applicant
or any person connected with the operation of the place wherein the device
is to be installed has ever been convicted of any crime or found guilty of
the violation of any ordinance pertaining to gambling or gaming.
(10)
Any other information which the township government may
deem reasonably necessary and proper for the full protection of the interest
of the patrons or the public in the application.
A.
The number of automatic amusement devices that may be
located in any one location shall be no more than two.
B.
The following rules shall govern the location and general
operation of automatic amusement devices all within business premises:
(1)
Each device shall be located at least 10 feet from the
entranceway to the premises in which located and placed so that it does not
obstruct or interfere with the free and unfettered passage to and from the
premises of patrons or users of the premises.
(2)
Each device shall have an unobstructed perimeter zone
or distance of four feet around the sides of the three linear borders of said
device wherein the users of said device may use, watch or wait to use said
device. The area which is required hereunder for each such machine shall not
be encroached upon by the area of any other machine. It is the intent of this
chapter that, for purposes of preventing overcrowding and assuring safe passage
of the general public, each machine shall have its own unobstructed perimeter
zone.
(3)
The licensee shall at all times control the sound so
as not to cause disturbance or nuisance to others in the vicinity of the machine.
The licensee shall at all times place the machine so that the part of the
machine from which the sound emits shall not be within 10 feet of the front
entrance of the place of business and shall not any time place a music machine
so that the sound is disturbing to the public in the streets or to other persons
occupying a building in the immediate vicinity.
C.
No games subject to this chapter may be operated within
500 feet of a school up to the 12th grade or house of worship. The distance
shall be measured for similar restrictions imposed and as interpreted for
alcoholic-beverage-licensed premises by the Alcoholic Beverage Commission.
A.
No operation of any automatic amusement devices shall
be permitted between the hours of 11:00 p.m. and 9:00 a.m., except where alcoholic
beverages are served, in which case the permitted hours of operation shall
correspond to the allowable hours of operation of the establishment.
B.
No operator shall offer or permit to be offered any prizes
or awards, whether in cash or otherwise, as an inducement to the use of said
machines.
C.
No operator shall permit any person using an automatic
amusement device to operate the same for any gambling purpose prohibited by
law. In the event that it is determined judicially or by admission of the
operator that any automatic amusement device is being operated as a gambling
device, the machine may be confiscated and destroyed or sold at an auction,
and the license of the operator may be revoked after a hearing.
D.
No operator shall permit the noise level on any licensed
premises to interfere with the reasonable use of any adjacent structures.
E.
Every automatic amusement device required to be licensed
under this chapter shall have permanently affixed thereto an individual identification
number or serial number, which number shall not be transferable from one machine
to another.
A.
All licenses issued under this chapter shall be for a
term of one year, commencing on January 1 and expiring on December 31 of the
year of issuance.
B.
A license may be transferred from one machine to another by giving notice to the Township Clerk to that effect and giving a description of the new machine, including manufacturer, model number and serial number. There shall be a fee for all transfers in the amount of $25 per transfer. The required notice shall set forth all information required under § 76-4 of this chapter.
D.
Any objections to the renewal of a license shall be filed
with the Township Clerk. All objections shall be in writing and signed by
the individual or entity making the objection. A hearing on the objection
to renewal shall be held prior to December 31 of the year of the application
to renew. Notice of the hearing shall be published at least once in a newspaper
circulating within the township, no less than 10 days prior to the hearing.
All hearings shall be conducted by the Township Committee. If a majority of
the Township Committee determines that the operator has violated the terms
and provisions of this chapter and that such violations are likely to continue,
then the operator's license shall not be renewed. In rendering its decision,
the Township Committee shall set forth, in writing, its findings of facts,
conclusions and reasons therefor. A copy of its decision shall be sent to
the operator and person or persons who filed objections within 20 days of
the hearing's conclusion. Any licensee shall be entitled to continue the operation
of the licensed premises pending the decision of the Township Committee.
The Zoning Officer or the chief law enforcement officer, or his or her
designee, may make an investigation of the premises and the applicant to determine
the truth of the facts set forth in the application. The Fire Prevention Officer,
or his or her designee, may inspect the premises to determine whether said
premises comply with existing fire regulations of the township. The Zoning
Officer or the chief law enforcement officer and Fire Prevention Officers
may, upon completion of their inspections, attach to said application their
reports thereon, in writing. Upon receipt of said application and inspection
reports, if any, the Township Administrator shall proceed to consider the
same and shall either approve or disapprove the issuance of the license to
said applicant. If the applicant is approved, the Township Administrator authorizes
the Township Clerk to issue the necessary license upon the receipt of the
license fee or fees as herein provided.
A.
Revocations of license. Anytime after the granting of
said license, the Township Administrator may, in the reasonable exercise of
his or her discretion, suspend the same if he or she finds:
(1)
A violation of any of the provisions of this chapter.
(2)
False or incorrect material on the application or information
furnished by the applicant.
(3)
A failure to maintain good and safe conduct on the premises.
(4)
A violation of the laws of the State of New Jersey, of
this or of other ordinances of the Township of Colts Neck.
(5)
That the presence of the machines results in gambling,
obscene and loud language disturbing to the public or to other patrons of
the premises, creating of a nuisance, excessive noise, litter, traffic or
rowdyism by the patron.
B.
A hearing on the suspension will be held within 30 days.
All hearings will be conducted by the Township Committee. If a majority of
the Township Committee determines that the operator has violated the terms
and provisions of this chapter and that such violations are likely to continue,
then the machine may be confiscated and destroyed or sold at auction and the
license of the operator revoked. In rendering its decision, the Township Committee
shall set forth, in writing, its findings of fact, conclusions and reasons
therefor. A copy of its decision shall be sent to the operator within 20 days
of the hearing's conclusion.
C.
Posting and displaying. An operator's license granted
pursuant to this chapter shall:
[Amended 10-8-1997; 3-8-2006]
A violation of any provision of this chapter shall be punishable as provided in § 1-9 of this Code.
