[HISTORY: Adopted by the Township Committee of the Township of Readington
as indicated in article histories. Amendments noted where applicable.]
[Adopted 8-16-1982]
[Amended 9-8-1982]
As used in this article, the following terms shall have the meanings
indicated:
Any place, premises or location wherein three or more automatic amusement
games, machines, contrivances or devices defined as "automatic amusement"
by this article are maintained for use and operation by the public.
Any game, machine or contrivance operated by a coin, token or device
of any nature whatsoever, or any machine, game or device which shall be automatic
or semiautomatic in nature. This shall include but not be limited to all machines,
games or devices of the type commonly known and designated as "pinball," "electric
crane," "bagatelle," "cathode-ray tube game machines," "electronic or video
game machines" and any other machine similar to the above. This definition
does not include:
Any individual, firm, member of firm, partnership, member of partnership,
corporation, association, trust, trustee, receiver or assignee, or any agents,
servants or employees of the same.
[Amended 9-7-1982]
It shall be unlawful for any person to operate an amusement arcade within
Readington Township without obtaining a license therefor as provided by this
article. No license shall be issued for an establishment located within 1,000
feet of a school, church, library, playground, day-care center or residence
zone, regardless of whether or not such zone is actually developed for such
use or not. This distance shall be measured along a straight line from the
nearest boundary line of the lot on which the proposed use is to be located
to the nearest point of the church, school, library, playground, day-care
center or residence.
The fee for the license to operate an amusement arcade shall be $1,000
per annum. There shall be a separate nonrefundable license application fee
of $500, to be paid at the time of filing an application for a license as
required by this article.
The licenses issued under this article shall be for a term of one year
from the date of issuance, unless sooner suspended or revoked. The license
fee shall not be prorated or transferred.
[Amended 9-8-1982]
An application for a license to operate any amusement shall be made
to the Township Clerk on forms prescribed by the township. Said application
shall contain the following information:
A.Â
The type of ownership of the business, i.e., whether
individual, partnership, corporation or otherwise.
B.Â
The name, style and designation of the business maintaining
the devices.
C.Â
The address of and all telephone numbers at the location
where the device or devices will be utilized.
D.Â
The name and residence address of the manager and/or
other person principally in charge of the operation of the business premises.
E.Â
The following personal information concerning the applicant,
if an individual; and concerning each stockholder holding 10% or more of the
stock of the corporation, each officer and each director, if the applicant
is a corporation; and concerning the partners, including limited partners,
if the applicant is a partnership; and concerning the manager or other person
principally in charge of the business premises:
(1)Â
Name, complete residence address and residence telephone
numbers.
(2)Â
The two previous addresses immediately prior to the present
address of the applicant or officer thereof submitting the application.
(3)Â
Written proof of age.
(4)Â
Height, weight, sex and color of hair and eyes.
(5)Â
Two front-face portrait photographs taken within 30 days
of the date of the application and at least two inches by two inches in size.
(6)Â
Whether or not the applicant has been previously licensed
by any public or governmental authority to maintain automatic amusement games
for use by the public or has previously applied for such a license, and whether
or not such a license has been denied, revoked or suspended and the reason
therefor.
(7)Â
All criminal convictions, fully disclosing the offense
for which convicted and the circumstances thereof.
(8)Â
A complete set of fingerprints taken and to be retained
on file by the Readington Township Police Department.
F.Â
Such other information as may be required by the township
to discover the truth of the matters hereinbefore required to be set forth
in the application.
G.Â
Authorization for the township, its agents or its employees
to seek information and conduct an investigation into the truth of the statements
set forth in the application.
H.Â
The names and addresses of three adult residents of the
County of Hunterdon who will serve as character references.
I.Â
Written declaration by the applicant, under penalty of
perjury, that the foregoing information contained in the application is true
and correct, said declaration being duly made before an individual authorized
to administer oaths within the State of New Jersey, which individual shall
affix his sign or seal thereto.
J.Â
A complete description of the premises where the automatic
amusement games are to be operated, including a sketch, drawn to scale, showing
all exits, windows, storage areas and the location of each automatic amusement
game to be used in the operation.
Upon receipt of an application for a license to operate an amusement
arcade, the Township Clerk shall refer it to:
A.Â
The Zoning Officer to determine whether the premises
comply with all applicable laws, ordinances, rules and regulations, including
the requirements imposed by this article.
B.Â
The Readington Township Police Department to cause an
investigation to be made of the applicant. The police may require a personal
interview of the applicant and such further information as shall bear on the
investigation.
No license shall be issued unless the application and application fee
requirements have been met, and an investigation into the fitness of the applicant
has been conducted.
A.Â
After a review of the application has been completed,
the Township Clerk shall forward it with his report and recommendations of
the Land Use Administrator and the Chief of Police to the Township Committee
for its review and disposition.
B.Â
In approving a license, the Township Committee may establish additional conditions, other than those set forth in § 68-9, to promote and protect the health, safety and general welfare of the township and its inhabitants.
C.Â
If an application is approved by the Township Committee,
the Township Clerk shall issue an amusement arcade license upon payment of
the license fee. The license shall state any other conditions or restrictions
imposed by the Township Committee.
The following general requirements shall be deemed conditions of any
license issued under this article:
A.Â
The holder of an amusement arcade license shall comply
with all provisions of law, ordinance, rule or regulation applicable thereto
and relating to the conduct of the business in connection with which the game
is used and maintenance of the premises where it is located.
B.Â
The holder of an amusement arcade license shall maintain
good order on the premises at all times. The lack of good order on the premises
shall include but not be limited to the following:
C.Â
No operation of any amusement arcade shall be permitted
between the hours of 11:00 p.m. and 9:00 a.m.
D.Â
No activity shall be permitted on the licensed premises
which is immoral or which creates an undue amount of noise or a breach of
the peace occurring therefrom.
E.Â
The owner of an amusement game shall not allow it to
be available for use or used unless it is under the control and supervision
of a person at least 18 years of age, who shall ensure that it is in compliance
with this article.
F.Â
No cash awards shall be offered or given in any contest,
tournament, league or individual play on any amusement game, and no such game
shall be permitted to operate if said game delivers or may readily be converted
to deliver to the player any piece of money, coin, slug or token.
G.Â
No credit, allowance, check, slug, token or anything
of value shall be offered or given to any player of any amusement game as
a result of plays made thereon.
H.Â
A premises can contain five amusement games for up to
1,500 square feet, and for each additional 1,000 square feet, one amusement
game, but in no event to exceed 20 amusement games.
I.Â
The automatic amusement games to be used under the license
shall be so arranged as to permit a clear view of the interior of the premises
from the exterior at all times. All aisles shall be at least five feet wide,
with at least three feet between each automatic amusement game on all sides.
J.Â
A license granted pursuant to this article shall be posted
in a conspicuous place on the premises for which the license was issued.
Any premises licensed under this article shall be subject to inspection
by any law enforcement officer.
Any license issued under this article shall be deemed to be granted
upon the express condition that, in addition to any other sanction or penalty,
the Township Committee may:
A.Â
After due notice by personal service or registered or
certified mail and after due hearing, suspend or revoke the license of any
person for violating any provision of this article or for other good cause.
B.Â
Suspend temporarily, pending a hearing or notice thereof,
any such license when such is deemed by the Township Committee to be immediately
necessary to prevent emergent danger to the public welfare, good or morals.
Any such temporary suspension without notice shall be for a period of not
longer than 10 days.
Each holder of a license issued under this article desiring to renew
the same shall submit an application therefor on forms prescribed by the township
to the Township Clerk at least 30 days before the expiration of the existing
license, together with the required annual license fee.
The license to operate an amusement arcade shall not be transferable
from place to place or to another person until proper application shall have
been made as heretofore provided for an original issuance, and such transfer
shall be granted only upon the written consent of the Township Committee.
Any person who violates any provision of this article shall, upon conviction
thereof, be punished by a fine not exceeding $1,000, imprisonment for a term
not exceeding 90 days and/or a period of community service not exceeding 90
days. Each day that a violation occurs or is committed shall constitute a
separate offense.
