Township of Medford, NJ Chapter 39 Amusement Devices

[HISTORY: Adopted by the Township Council of the Township of Medford 6-15-1981 by Ord. No. 1981-16. Amendments noted where applicable.]

§ 39-1 License required.

[Amended 8-2-1983 by Ord. No. 1983-16]

It is hereby declared unlawful for any person or persons, firm, association, corporation or other entity to own, possess, operate, or cause or permit to be operated, within the Township of Medford, any pinball machine, slot machine or other automatic or mechanical device or game of chance without having first applied for and obtained from the said Township of Medford a license to so own, operate or possess said machine for the calendar year in which said license is granted.

§ 39-2 Applications and application fees.

A. Any person, firm, association, corporation or other entity owning, possessing or operating, or causing to own, possess or operate, any such machine or device as set forth in § 39-1 hereof, shall make written application to the Clerk of the Township of Medford, setting forth the nature and description of such machine or device, by whom the same is owned, by whom and where the same is possessed and to be operated and such other and further information as may be required by the township. No application fee shall be charged for an application for an amusement device license pursuant to this chapter.

[Amended 8-2-1983 by Ord. No. 1983-16; 2-18-2020 by Ord. No. 2020-2]

B. If an application is made by any person, firm, association, corporation or other entity other than the record owner of the lands and premises in or on which the amusement machines are to be located, the record owner of said lands and premises must also sign the application and acknowledge that said owner has read this chapter and agrees to be subject to and comply with all of the conditions and requirements hereof.

[Added 6-1-1982 by Ord. No. 1982-12]

§ 39-3 Issuance of licenses.

A. The Township Council shall be the issuing authority for all licenses for amusement machines, video machines, pinball machines, jukeboxes and other machines dispensing music, and all similar machines not dispensing products and providing amusement by means of the insertion of a coin, token or similar object.[1]

[1] Editor's Note: Former Subsection B, regarding investigation and report by the Chief of Police, which immediately followed this subsection, was repealed 2-18-2020 by Ord. No. 2020-2. This ordinance also redesignated former Subsections C and D as Subsections B and C, respectively.

B. The issuance of any said licenses for amusement machines shall be wholly optional and in the discretion of the Township Council.

C. Any license granted for amusement machines shall be subject to such conditions as may be designated by the Township Council in the resolution granting said license, including but not limited to the following:

[Amended 6-1-1982 by Ord. No. 1982-12; 2-18-2020 by Ord. No. 2020-2]

(1) The Township Council shall approve the hours of operation during which the amusement devices can be used, as a condition of said license.

(2) Any amusement device for which a license is issued pursuant to this chapter shall be deemed to be a permitted use if the location in which the amusement machine is licensed, but only if located in the Township Highway Management, Highway Commercial, Restricted Commercial and Community Commercial Zoning Districts.

(3) No license can be issued hereunder for an amusement device or machine prohibited from being licensed pursuant to the New Jersey Amusement Games Licensing Law, N.J.S.A. 5:8-100, and the regulations adopted by the New Jersey Office of Amusement Games Control, N.J.A.C. 13:3-1 et seq.

§ 39-4 License term; renewal and revocation.

A. Any license issued pursuant to this chapter shall be for a term of the balance of the calendar year in which the license is issued. All such licenses must be renewed annually no later than the first day of February in each calendar year. Any license granted pursuant to this chapter shall not be transferable and cannot be transferred or moved to any other site or for any other owner without reapplication to the township. The Township Clerk shall have the authority to renew any licenses for amusement machines which have previously been reviewed and granted by the Township Council if the location of the machines, number of machines and all other application standards of said amusement machines have not changed and there have been no complaints or enforcement actions taken against the licensee in the year preceding the renewal request; otherwise, said renewal application shall be processed to and reviewed by the Township Council for action.

[Amended 6-1-1982 by Ord. No. 1982-12]

B. The Township Council shall be the sole authority for revocation of any licenses granted pursuant to this chapter. By establishing the standards set forth in this chapter, the township has expressed its concern for the health, safety and welfare of the residents of Medford Township with regard to the licensing and use of amusement machines and devices. Any applicant granted licenses pursuant to this chapter shall certify by signature on the application or resolution granting said application that the granting of the licenses herein is solely in the discretion of the township and that said licenses can or will be revoked at any time and without notice, or not renewed, in the event that the terms and conditions imposed by this chapter or by any resolution granting said licenses are violated.

[Amended 8-2-1983 by Ord. No. 1983-16]

C. In the event of a revocation of any license pursuant to this chapter, the Chief of Police shall serve a copy of the resolution revoking said license on the applicant at applicant's site or by certified mail, return receipt requested. Upon such service, any further use of said machines shall be deemed in violation of this chapter and applicant shall be subject to the penalties set forth herein.

§ 39-5 License fees.

[Amended 8-2-1983 by Ord. No. 1983-16]

The fees to be charged for any license issued pursuant to this chapter shall be as set out in Chapter 71, Fees and Licenses. No license shall be granted for less than the one applicable annual license fee, and no rebate shall be granted to any applicant after said license has been issued.

§ 39-6 Additional requirements or approvals.

The granting of the licenses pursuant to this chapter is expressly subject to any conditions or approvals required by the Planning and/or Zoning Boards of Medford Township pursuant to the Medford Development Ordinance,[1] including site plan or related approvals. The granting of said licenses is further expressly conditioned and contingent upon any additional requirements or conditions imposed by said Boards pursuant to said approvals by way of landscaping, parking, etc.

[1] Editor's Note: See Ch. 160, Land Use and Development.

§ 39-7 Violations and penalties.

Any person, firm, corporation or other entity convicted of a violation of this chapter or any section thereof shall be punished by a fine not to exceed $500 or a term of imprisonment not to exceed 90 days, or both, in the discretion of the sentencing court.