[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:
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.
A.
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.
B.
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.
C.
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:
A.
The name and address of the applicant and whether the
applicant is an individual, partnership or corporation.
B.
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.
C.
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.
D.
A full description of the device or devices to be used
by the applicant and made available to the public.
E.
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.
A.
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.
B.
Commercial amusement device fees.
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.
A.
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.
B.
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.
C.
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.
A.
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.
B.
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.
C.
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.
D.
No operator shall permit the noise level on any licensed
premises to interfere with the reasonable use of any adjacent structures.
E.
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.
F.
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.
