[HISTORY: Adopted by the Township Committee of the Township of Pittsgrove as indicated in article histories. Amendments noted where applicable.]
[Adopted 11-24-1982 (Ch. 28 of the 1983 Code)]
As used in this article, the following terms shall have the meanings indicated:
- COMMERCIAL AMUSEMENT DEVICE
- Any machine which may be operated for entertainment or amusement in public, whether the machine is coin-operated or not and whether or not it registers a score or tallies. This definition shall include but shall not be limited to pinball machines, bowling machines, billiard tables, electronic games and jukeboxes. This enumeration is intended to be typical and shall not be construed as exclusive.
- Any person, firm, partnership, corporation or association in whose place of business a jukebox or commercial amusement device is placed or kept for operation and use by the public.
No operator shall make any commercial amusement device available for public use within the Township of Pittsgrove without first having paid the required fees and then obtaining a license for the premises and each machine to be used thereon.
No portion of this article shall apply to an individual operating any type of amusement device or vending machine, which operation is confined to that individual's private dwelling and not for profit.
No portion of this article shall apply to the fire companies within the Township of Pittsgrove, ambulance corps or to any nationally recognized fraternal or charitable organization operated not for profit, so long as the use of said machine or machines is limited to the registered membership of said organization.
Any person or corporation whose business premises are licensed for the sale or consumption of alcoholic beverages need not apply for a premises license; however, a license fee must be paid for each commercial amusement device located on the premises.
All premises license applicants must be at least 18 years of age and shall submit in writing to the Township Clerk of Pittsgrove the following information:
The name and address of the applicant and whether the applicant is an individual, partnership or corporation.
The age of the applicant, of each partner if a partnership and of each of the principal officers of the corporation if the applicant is a corporation.
The prior criminal record of the applicant, if any, setting forth the date or dates of conviction, the nature of the violation and the jurisdiction in which the violation occurred. If the applicant is a partnership, the same information shall be supplied for each partner, and if the applicant is a corporation, this information shall be supplied for each of the principal officers of said corporation.
A full description of the device or devices to be used by the applicant and made available to the public.
The street number and description of the area where the machines are to be operated, stating the number of floors of the premises to be utilized.
Premises license. An operator shall submit an application to the Township Clerk. The Township Clerk shall submit said application to the Township Committee for review in accordance with the provisions of § 28-6. If the application is approved by the Township Committee, the Township Clerk shall issue a nontransferable license, which license shall be prominently displayed on the premises. In the event that the application is denied, the applicant shall be notified of said denial in writing, along with the reasons for same.
Commercial amusement device fees.
In the event that an application is approved during the course of a calendar year, the applicant shall pay a fee for only that portion of the year remaining, which fee shall be computed by the Township Clerk.
Each license shall designate the number and type of devices approved for use.
Upon the payment of all fees, the Township Clerk shall submit the completed application to the Township Committee for review at its next regular meeting, wherein a determination shall be made as to whether or not the applicant has complied with all regulations.
No license issued pursuant to this article shall be transferable from one place to another, nor from one operator to another.
Premises licenses. An operator shall annually renew a premises license by filing notice with the Township Clerk between October 1 and November 1 of any calendar year preceding the calendar year for which said license is to be renewed.
Commercial amusement device license. The annual fee for each machine shall be due and payable on or before January 10 of the calendar year in which the said machines are operated. A fee for any additional machines to be added to an operator's premises shall be payable when said machines are brought to the operator's premises, and there shall be no refund or credit given for any machines removed from the premises during any portion of the calendar year, nor shall there be any proration of license fees.
Objections. Any objections to the renewal of an operator's 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 upon at least 10 days' notice to the licensee and the person objecting on or before October 1 in the year immediately preceding the year for which the operator seeks renewal. 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 at a special meeting convened solely for the purpose of hearing objections and deciding the issue of renewal if a majority of the Township Committee determines that the operator has violated the terms and provisions of this article 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 fact, 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.
No operation of any commercial amusement device shall be permitted between the hours of 10:00 p.m. and 9:00 a.m., with the exception of jukeboxes.
No operator shall permit any person using a commercial 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 commercial amusement device is being operated as a gambling device, the machine may be confiscated and destroyed or sold at public auction, and the license of the operator may be revoked after a hearing.
No operator shall permit any minor under the age of 17 years unaccompanied by a parent to operate a commercial amusement device while school is in session or to remain on the premises after 10:00 p.m.
No operator shall permit the noise level on any licensed premises to interfere with the reasonable use of any adjacent structures.
During all hours of operation, either the operator or an adult paid employee of the operator shall be on the premises and in a position to observe all machines and members of the public engaged in their operation.
No more than 50% of the total floor space open to the public of any premises shall be occupied by commercial amusement devices.
[Amended 9-13-2005 by Ord. No. 9-2005; 3-14-2006 by Ord. No. 4-2006]
Any operator violating any of the provisions of this article shall, upon conviction thereof, be subject to one or more of the following: imprisonment in the county jail for any term not exceeding 90 days; or by a fine of no less than $100 and not more than $2,000; or by a period of community service not exceeding 90 days.