[HISTORY: Adopted by the Township Council of the Township of Medford 6-15-1981 as Ord. No. 1981-16. Sections 39-1, 39-2A, 39-4B and 39-5 amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Other amendments noted where applicable.]
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.
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. Together with said completed application, the applicant shall submit a nonrefundable application fee in the amount set out in Chapter 71, Fees and Licenses.
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]
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.
Upon proper application's being filed in accordance with § 39-2 above, the Chief of Police shall investigate the proposed location and proposed use of said amusement machines and shall file a written report with the Township Clerk for transmittal to the Township Council recommending whether or not to grant said licenses.
The issuance of any said licenses for amusement machines shall be wholly optional and in the discretion of the Township Council.
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:
Pursuant to the applicable provisions of the Medford Development Ordinance, the use of amusement machines is permitted only as an accessory use to a primary use otherwise permitted by the Medford Development Ordinance. The accessory use shall be incidental, customary and complementary to the primary use of applicant's site. For purposes of this section, "incidental, customary and complementary" means a secondary use that bears a close resemblance and obvious relation to the main or primary use and which may be necessary or common to the contemplated or expected main or primary use. In determining whether or not the licenses for amusement machines should be granted and/or renewed, the Township Council shall consider the following standards in determining whether or not the proposed use of the amusement machines is truly an accessory use to an otherwise permitted primary use:
The nature, type and extent of the two businesses.
No more than 25% of the gross floor area of applicant's site shall be devoted to the accessory use amusement machines, with the balance of 75% of said floor area to be devoted to and used for the primary use.
Applicant shall submit gross receipts statements and records, together with sales tax records, for both the primary and accessory uses in order to establish that the use of said amusement machines is the accessory use, not the primary use, of applicant's site.
Applicant shall consent to periodic inspection by the township to determine the number of patrons respectively using the primary use and the accessory use amusement machines in order to determine that said amusement machines are the accessory use, not the primary use, of applicant's site.
The accessory use and the primary use shall both be housed in a single enclosed building, with no separate outside entrances to the area devoted to the amusement machines, and the layout and design of the building shall be such that the accessory use area for the amusement machines shall be to the rear of the building and that patrons must enter and proceed through the primary use area in order to reach the accessory use amusement machines area.
The Township Council may waive or relax any of the standards or criteria set forth in Subsection D(1)(a) through (e) upon proper application and demonstrated hardship by an applicant; however, no such relief or waiver shall be granted unless the Township Council makes a specific finding of fact that the use of said amusement machines remains and will continue to be an accessory use to a primary use otherwise permitted by the Medford Development Ordinance notwithstanding said waiver or relief.
[Added 6-1-1982 by Ord. No. 1982-12]
If more than two amusement machines are licensed for one location as an accessory use, applicant shall have available during all hours of operation of the amusement area an adult supervisor who shall monitor the conduct of all individuals in the amusement area and who shall be available to immediately respond to any complaints concerning conduct of the amusement area. It shall be the responsibility of said supervisor to enforce all of the conditions set forth in this chapter and the resolution granting said amusement licenses; however, nothing herein shall relieve the applicant from the primary responsibility for the enforcement thereof.
The Township Council shall establish the hours of operation of the amusement machine accessory use, giving due consideration to noise, traffic conditions and the anticipated impact thereof on adjoining businesses. The Township Council shall particularly evaluate opening and closing hours of the amusement area.
No chairs, benches, waiting areas or other rest furniture or facilities shall be permitted in the accessory amusement area, to discourage loitering and related problems, nor in the primary business area, unless the primary use requires said facilities.
In consideration of noise and traffic conditions and the impact thereof on adjoining businesses, there shall be no loitering or congregating of individuals either inside or outside the location in which the amusement machines are licensed. For purposes of this chapter, "loitering or congregating of individuals" shall mean more than one individual present inside or outside the building, including in or on automobiles or other methods of transportation, except for the express purpose of patronizing the primary use, physically playing or operating the amusement machines and/or entering/leaving the premises.
No alcoholic beverages, drugs, marijuana or other controlled dangerous substances shall be used, sold, offered for sale or present inside or outside the applicant's site. No gambling shall be permitted. Applicant will warrant and agree that the burden and responsibility for enforcing this provision falls primarily on applicant, and that a violation of this provision shall result in revocation or suspension of applicant's licenses to use said machines, in addition to any penalty or other action against the actual violator or perpetrator of said illegal conduct.
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]
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.
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.
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.
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, 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.
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.