[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.]
As used in this chapter, the following terms
shall have the meanings indicated:
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 building or place containing three or more amusement games.
A record owner, contract purchaser, lessee, assignee, bailee,
receiver or trustee.
One or more individuals, a corporation, partnership, association,
trust or firm and any trustee, receiver or assignee.
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.
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:
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.
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.
