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Township of Mantua, NJ
Gloucester County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Committee of the Township of Mantua 12-28-1982 by Ord. No. 13-1982 (Ch. 60 of the 1978 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Curfew — See Ch. 154.
Amusements for gain in parks — See Ch. 291.
As used in this chapter, the following terms shall have the meanings indicated:
AMUSEMENT GAME
Any mechanical, electric or electronic device used or designed to be operated for entertainment or as a game by the insertion of a piece of money, coin, token or other article or by paying money to have it activated. This definition does not include:
A. 
A jukebox.
B. 
Rides.
C. 
Bowling alleys.
D. 
Any device maintained within a residence for the use of the occupants thereof and their guests.
E. 
Any device the possession or use of which is prohibited by law.
GAME ROOM
A building or place containing three or more amusement games.
OWNER
A record owner, contract purchaser, lessee, assignee, bailee, receiver or trustee.
PERSON
One or more individuals, a corporation, partnership, association, trust or firm and any trustee, receiver or assignee.
TOWNSHIP
The Township of Mantua, Gloucester County.
No person shall maintain or operate an amusement game or a game room in the Township unless it is licensed under this chapter. Game room licenses shall be issued according to the class of the premises where the game room is located. Individual amusement game licenses shall be issued for all amusement games, as defined in this chapter, which are not located within game rooms, as defined in this chapter.
A. 
Class One licenses are those issued to premises licensed for the consumption of alcoholic beverages in which three or more amusement games are located.
B. 
Class Two licenses are those issued to any other premises in which three or more amusement games are located.
C. 
Individual amusement game licenses are issued for all amusement games not located in game rooms.
A. 
An application for a game or game room license shall be made to the Township Clerk on forms and containing information prescribed by him.
B. 
Upon receipt of an application for an individual game license, the Township Clerk shall refer it to the Zoning Officer, who shall recommend that the license be issued if he determines that the amusement game is located in a premises which is devoted to a commercial use, and is not otherwise in violation of Chapter 230, Land Development. No more than two individual amusement game licenses may be issued for the same premises.
C. 
Upon receipt of an application for a game room license, the Township Clerk shall refer it to:
(1) 
The Zoning Officer, to determine whether the premises comply with all applicable laws, ordinances, rules and regulations. For that purpose the Zoning Officer shall have the right to enter upon and inspect the premises during normal business hours.
(2) 
The Chief of Police, to cause an investigation to be made of the background of the owner and the operator of the game room.
D. 
Game room locations.
(1) 
Class One licenses may only be issued for premises holding a current valid license for the sale and consumption on premises of alcoholic beverages.
(2) 
Class Two licenses may only be issued for premises located in the HC-Highway Commercial under Chapter 230, Land Development.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
E. 
Game rooms on Class Two premises are not permitted within rooms or space licensed for on-premises consumption of alcoholic beverages or within connected room or appurtenant space.
F. 
No game room license shall be issued to or held by any person who has been convicted of a crime or by any corporation, partnership or association, a member, officer, director or holder of 10% or more of the stock of which has been convicted of any crime.
A. 
After review of the application has been completed, the Township Clerk shall forward it, with his report and recommendations of the Zoning Officer and Chief of Police, if any, to the Township Committee for its review and approval.
B. 
In approving a license, the Township Committee may establish conditions to promote and protect the health, safety and general welfare of the Town and its inhabitants.
C. 
After approval by the Township Committee, the Township Clerk shall issue a game room license upon payment of the license fee established in § 114-8, less the amount of the application fee. The license shall state:
(1) 
The number of amusement games permitted in the game room.
(2) 
The maximum number of persons permitted in the game room at any time.
(3) 
Any other conditions or restrictions imposed by the Township Committee.
(4) 
The class thereof according to the premises licensed.
D. 
Upon request of a dissatisfied applicant, the Township Clerk shall schedule a hearing for the first Township Committee meeting for which five days notice published in the official newspaper can be given if the Township Committee denies the application or approves it with limits or conditions not satisfactory to the applicant.
A. 
The Township Committee shall grant an individual amusement game license upon the favorable recommendation of the Zoning Officer, but may establish conditions to promote and protect the health, safety and general welfare of the Town and its inhabitants, in connection with any individual license.
B. 
After approval of the license by the Township Committee, the Township Clerk shall issue an individual amusement game license upon payment of the license fee established in § 114-8, less the amount of the application fee.
A. 
The owner and operator of any game room shall comply with all provisions of law, ordinance, rule or regulation relating to the conduct of business and the use and maintenance of the premises.
B. 
The owner and operator of any game room shall cause the game room license to be posted at all times in a conspicuous place on the premises.
C. 
The owner and operator of any game room shall not permit a greater number of persons on the premises at any time than the capacity approved by the Township Committee as set forth in the license.
D. 
The owner and operator of any game room, and the members, officers, directors and holders of 10% or more of the stock of any corporation, partnership or association owning or operating a game room shall be of good moral character.
E. 
The owner and operator of any game room shall maintain good order on the premises at all times. The lack of good order on the premises of a game room shall include but shall not be limited to the following:
(1) 
Fighting and rowdy behavior.
(2) 
Possession or consumption of alcoholic beverages, except within Class One premises licensed by the state for on-premises consumption of those beverages.
(3) 
Gambling.
(4) 
Permitting the use of marijuana or any controlled substance, possession of which is prohibited by the New Jersey Penal Code or any other New Jersey Statute.
F. 
The owner or operator of any Class Two licenses game room shall not permit an amusement game therein to be played or operated after 11:00 p.m. or before 8:00 a.m. Class One hours shall be the same as the hours permitted for the sale of alcoholic beverages in the licensed premises.
G. 
The owner or operator of any Class One licensed game room shall not allow any amusement game therein to be played or operated by any person under the legal age for consumption of alcoholic beverages unless accompanied by and under the supervision of a parent or legal guardian over the age of 21.
H. 
The owner or operator of a game room shall not allow it to be open or used unless it is under the control of and supervision by a person at least 18 years of age who shall ensure that it is operated in compliance with this article.
I. 
The owner and operator of a game room containing more than 30 amusement games shall provide additional supervisory personnel, all of whom shall be at least 18 years of age, adequate to assure orderly operation of the game room at all times. At least one supervisory employee shall be required for each 30 amusement games.
J. 
The owner and operator of a game room shall not allow more amusement games than the number permitted in the license to be located therein at any time.
K. 
The owner and operator of any game room shall not permit the display or use of any amusement game, the video display of which would be pornographic or obscene as defined by the New Jersey Penal Code, N.J.S.A. 2C:34-3.
A. 
The owner of any amusement game within the Township 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 the use and maintenance of the premises where it is located.
B. 
The owner of the game 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:
(1) 
Fighting and rowdy behavior.
(2) 
Possession or consumption of alcoholic beverages, except upon premises licensed for on-premises consumption thereof.
(3) 
Gambling.
(4) 
Permitting the use of marijuana or any controlled substance possession of which is prohibited by the New Jersey Penal Code or any other New Jersey Statute.
C. 
The owner of an amusement game in a Class Two premises shall not permit it to be played or operated after 9:00 p.m. by a person under the age of 16 unless accompanied by and under the supervision of a parent or other guardian over the age of 21.
D. 
The owner of an amusement game shall not allow it to be available for use or used unless it is under the control of and supervision by a person at least 18 years of age, who shall ensure that it is operated in compliance with this article.
E. 
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.
F. 
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.
A. 
An application for a game room license shall be accompanied by a nonrefundable fee of $100. An application for an individual amusement game license shall be accompanied by a nonrefundable fee of $50.
B. 
The annual fee for a game room license shall be $500, plus $50 for each machine over five.
C. 
The annual fee for an individual amusement game license shall be $100 for each machine.
D. 
The fees fixed herein may be modified from time to time by resolution of the Township Committee.
A. 
The premises of all game rooms in the Township, when open for the transaction of business shall be subject to the inspection by any police officer or other Township officer or employee acting pursuant to his special duties.
B. 
Any other premises in the Township containing amusement games, when open for the transaction of business, shall be subject to inspection by any police officer or other Township officer or employee acting pursuant to his special duties.
C. 
The Township Zoning Officer shall be the Township official who is generally charged with the enforcement of this chapter. He shall be required to inspect each licensed game room located in the Township at least once every six months without notice to the owner and operator of the game room and shall be paid a fee of $25 per inspection, which shall be paid out of the license fees received under this chapter.
Game room licenses shall expire on March 1 of the year following the issuance of any license. Applications for renewal of game room licenses shall be submitted no later than February 1 of the year in which an existing license expires. The licensing fee for any license granted after March 1 of any year shall be prorated according to the number of months remaining before the license would expire.
The Township Committee may revoke a game room license for cause upon 10 days' written notice to the license and after the licensee has had an opportunity to present his case at a public hearing.
No individual game or game room licenses shall be transferable from person to person or from place to place without the approval of the Township Committee. License transfer applications shall be subject to the same application, investigation and approval standards as are set forth for new licenses in §§ 114-3 and 114-4 of this chapter and shall be subject to the payment of an application fee as prescribed in § 114-8A of this chapter. No new licensing fee shall be required, however, until the renewal on the following March 1 of any license which has been transferred.
A. 
The owners or operators of all individual amusement games or game rooms presently located within the Township on the effective date of this chapter shall be granted the appropriate license, but shall be required to comply with all of the provisions of this chapter other than those provisions which restrict the location of individual amusement games or game rooms.
B. 
Owners and operators of individual games or game rooms must make application for the appropriate license and pay the fee therefor within 30 days of the effective date of this chapter, or they shall be considered in violation hereof.
A. 
Any person, entity or corporation who or which violates any provision of this chapter shall, upon conviction thereof, be punishable by one or more of the following: imprisonment in the county jail or any place provided by the municipality for the detention of prisoners for a term up to but not exceeding 90 days or by a fine of not less than $100 and not more than $2,000 or by a period of community service up to but not exceeding 90 days, or any combination of the above.
[Amended 4-25-1989]
B. 
Each day that a violation exists, occurs or continues shall constitute a separate offense for the purpose of imposing the penalties referred to above.
[Amended 4-25-1989]
C. 
Where a licensed premises has more than the number of machines stated on its license, each such unlicensed machine shall constitute a separate offense, and the minimum fine for this violation shall be $100 for each machine in excess of the permitted number. In his discretion, the Municipal Judge may consider each day that this violation exists, occurs or continues as a separate offense.