[HISTORY: Adopted by the Township Committee of the Township of South Harrison as indicated in article histories. Amendments noted where applicable.]
[Adopted 6-8-1983 by Ord. No. 05-83]
As used in this article, the following terms shall have the meanings indicated:
- AMUSEMENT PARLOR OR ARCADE
- Any place or premises wherein four or more automatic amusement devices are maintained for use by the public.
- AUTOMATIC AMUSEMENT DEVICE
- Any machine which, upon the insertion of a coin, slug, token plate or disk, may be operated by the public generally for use as a game, entertainment, or amusement, whether or not registering a score, including but not limited to such devices as marble machines, pinball machines, skill ball, mechanical grab machines, and all games, operations or transactions similar thereto under whatever name they may be indicated. It shall include video-type games or machines or similar devices that use a display screen for points, lines and dots of light that can be manipulated to simulate games or other types of entertainment. It shall not include nor shall this article apply to music-playing devices.
- Any person who supplies any automatic amusement device to another for use in his or her premises, whether under lease or any similar arrangement.
- LICENSED PREMISES
- The entire premises within which the automatic amusement device(s) are to be located, including without limitation all buildings, auxiliary buildings, structures, appurtenant structure, walks, alleys, drives and parking facilities owned or controlled by the operator and/or owner-operator.
- Any person who owns or controls premises or a location within the Township of South Harrison in which any automatic amusement device is displayed or kept for use or play by the public.
- Any person, firm, corporation, partnership or association.
The purpose of this article is to license, regulate and control those automatic amusement devices which are operated for the purpose of making a profit.
The objective of this article is to regulate the business of amusement devices so as to prevent nuisances to patrons and the public, fire hazards from overcrowding, poor ingress and egress at premises where amusement devices are located, the promotion of gambling, loitering, or the creation of an unhealthy atmosphere for the youth of the community or other foreseeable undesirable effects of such devices.
A further objective of this article is to distinguish between the use of amusement devices incidental to primary, lawful commercial uses within the Township and the primary use of amusement devices which constitute an amusement parlor or arcade, the latter requiring more stringent controls on location and use in order to protect patrons, the public, and to ensure appropriate development of land within the Township.
License required. It shall be unlawful for any person, persons, club, association, firms, corporations or other organizations to maintain, use or have in his, her or its possession or display or permit to be displayed in any public or quasi-public place or in any building, store, or any other place wherein the public is invited or may enter, within the Township, any automatic amusement device without a license first obtained as hereinafter provided.
Notwithstanding anything contained in this section to the contrary, there is hereby exempted from the aforementioned licensing requirements all organizations, associations and corporations not for profit, organized pursuant to the provisions of Title 15 of the New Jersey Revised Statutes or otherwise, whose primary activity is religious, educational, or fraternal; provided, however, that such organizations, associations and corporations shall not maintain, place, or install more than two automatic amusement devices in or about any single premises or location.
No portion of this article shall apply to an individual operating any type of automatic amusement device which operation is confined to that individual's private dwelling for the amusement of residents therein and not operated for profit.
All applications for a license under this article shall be made and delivered to the Municipal Clerk on forms to be supplied for that purpose and shall be subscribed and sworn to by the applicant.
The application for the license shall contain the following:
Name and address of the applicant.
Name under which the licensed premises is being operated and the location of the licensed premises.
The type of ownership of the business, i.e., whether individual, partnership, corporation, or otherwise.
The following personal information concerning each stockholder holding 10% or more of the stock of the corporation, each officer and each director, if the applicant is a corporation; and concerning the partners, including limited partners, if the applicant is a partnership; and concerning the manager or other person principally in charge of the business premises:
Name, complete address and residence telephone numbers.
Written proof of age (copy of birth certificate.
Height, weight, sex and color of hair and eyes.
Whether or not the applicant has been previously licensed by any public or governmental authority to maintain automatic amusement devices for use by the public or has previously applied for such a license, and whether or not such a license has been denied, revoked or suspended and the reason therefor.
All criminal convictions, fully disclosing the offense for which convicted, date and location of offense, and the circumstances thereof.
A complete set of fingerprints, taken and to be retained on file by the Police Chief or his authorized representative.
Such other information as may be required by the Police Chief to discover the truth of the matters hereinbefore required to be set forth in the application.
The names and addresses of three adult residents of the County of Gloucester who will serve as character references.
Name and address of the person from whom each device is to be purchased, rented or otherwise obtained.
Number and type of machines sought to be licensed, including description of each automatic amusement device sought to be licensed and, for each such device, the name of the manufacturer, model number and serial number.
Terms of agreement with distributor governing acquisition and installation of said automatic amusement device.
Information identifying the tax plate, block and lot number(s) of the premises to be licensed and information identifying the zoning classification for the premises to be licensed.
A sketch or plan of the proposed licensed premises which shall be attached to the application. This plan shall depict the precise location of each amusement device sought to be operated.
The total number of square feet to which the applicant customarily invites or permits the public to occupy and use, but shall not include any area used for storage, office, kitchen, counter space, walks, alleys, drives, parking facilities or such other areas to which the public has no access.
If the applicant is a corporation, a corporate resolution in proper form authorizing execution of a license application on behalf of the corporation and the name and address of the registered agent of the applicant or person upon whom service of process is authorized to be made.
A written declaration by the applicant, under penalty of perjury, that the foregoing information contained in the application is true and correct, said declaration being made before an individual authorized to administer oaths within the State of New Jersey, which individual shall affix his or her stamp or seal thereto.
No license shall be granted for any premises where no emergency fire exit is provided.
No license shall be issued until the premises have been inspected by the Township Fire Subcode Official, Township Building Subcode Official, Township Zoning Administrator, and Police Department in reference to safe use and occupancy of the structure, including but not limited to requirements of the Fire Prevention Code.
No license shall be granted until all federal and state laws and Township ordinances relating to the premises have been complied with.
No license shall be issued until the prescribed license fee has been paid.
No license shall be issued for any premises within 1,000 feet of any school, up to the 12th grade, or house of worship.
No license shall be issued for any premises located in a residence district as set forth in the South Harrison Township Zoning Map.
Net floor area limitation.
The number of automatic amusement devices that may be located in any one location shall be governed by the physical space available in any business location for the use of said devices. Not more than one automatic amusement device shall be permitted for each 125 square feet of net floor area as defined herein.
"Net floor area" means the gross floor area of the licensee's premises less deductions for counter space areas, storage areas, shelving areas, aisle areas, bathrooms, areas of ingress and egress, office space and other areas which are not intended or held out for public use.
The Building Subcode Official shall determine the maximum number of square feet of net floor area in each prospective licensed premises subject to this article.
Location within licensed premises.
Each device shall be located at least 10 feet from the entranceway to the licensed premises and placed so that it does not obstruct or interfere with the free and unfettered passage to and from the premises of patrons or users of the premises.
Each device shall have an unobstructed perimeter zone or distance of four feet around the sides of the three linear borders of said device wherein the users of said device may use, watch or wait to use said device. The area which is required hereunder for each such machine shall not be encroached upon by the area of any other machine. It is the intent of this article that for purposes of preventing overcrowding and assuring safe passage of the general public that each machine shall have its own unobstructed perimeter zone.
The fee for all applications for operator licenses pursuant to this article shall be $250.
The fee for each automatic amusement device license shall be $150 per annum.
The fee for transfer of a machine license shall be $25 per automatic amusement device. The fee for transfer of an operator's license from one location to another shall be $250.
The fee for the license to operate an amusement parlor shall be $3,000 per annum.
Upon receipt of an application for a license under this article and payment of the application fee, the Municipal Clerk shall circulate copies of the application to the Police Chief, Fire Subcode Official, Building Subcode Official and Zoning Administrator.
Upon receipt of the application:
The Police Chief shall conduct an investigation into the nature of the device(s) to be licensed and the personal information pertaining to the applicant.
The Fire Protection Subcode Official shall inspect the premises wherein the device(s) are proposed to be located to determine whether said premises comply with existing Uniform Construction Code regulations and the Uniform Fire Code.
The Township Zoning Administrator shall certify the location of the proposed licensed premises and the zoning requirements pertaining thereto.
The Building Subcode Official shall analyze the floor space and location requirements imposed by this article and structural requirements of the Uniform Construction Code.
Each of the foregoing Township officials shall issue a written report to the Municipal Clerk advising of the results of their investigation, inspection, and findings. The written report shall be submitted to the Clerk within a reasonable time after the date of receipt of a complete application.
After receipt of written reports from the appropriate Township officials, the Municipal Clerk shall have the power to issue the license pursuant to this article if the application satisfies all requirements. If such application does not satisfy the requirements of this article or it is determined that the installation of a device at a particular location violates this article or any statute, ordinance or regulation, the Municipal Clerk shall deny the application and specify the reason for denial, in writing.
Upon the Municipal Clerk denying any application, the unsuccessful applicant shall have the right to appeal such denial to the Township Committee. Such appeal shall be filed within 45 days of the date of denial of the application by the Municipal Clerk.
License term. All licenses issued under this article shall be for a term of one year, commencing on January 1 and expiring on December 31 of the year of issuance.
Transferability. A license may be transferred from one automatic amusement device to another by the applicant filing an amendment to the application with the Municipal Clerk requesting permission to replace a licensed device with an unlicensed device. The amended application shall describe the new device, including manufacturer, model number and serial number. A license may be transferred from one place to another by filing an amended application with the Municipal Clerk requesting such transfer. The amended application must provide the information regarding the new premises in sufficient detail so as to satisfy all requirements imposed on an original application for a particular premises.
Renewal. Application for renewal shall be submitted to the Municipal Clerk no later than November 1 of each year in order to permit appropriate review of the application for renewal. Notice of filing of an application for renewal pursuant to this article shall be published on two occasions in the official newspaper of the Township of South Harrison at least one week apart, the second publication date to be not later than December 1 of each year. Should the Municipal Clerk receive any written objections to renewal of the application from any interested party or resident, the Municipal Clerk shall schedule a special hearing to be conducted by the Township Committee for the purpose of hearing any objections to the renewal. After conduct of the hearing, the Township Committee shall decide whether to renew the application or deny the application. The decision for approval or disapproval shall be in writing and state the reasons therefor.
Revocation of license. Anytime after the granting of said license, the Municipal Clerk may, in the reasonable exercise of his or her discretion, revoke the same, if after hearing he or she finds:
Gambling on the premises.
False or incorrect material on the application or information furnished by the applicant.
Failure to maintain good and safe conduct on the premises.
Violation of the laws of the State of New Jersey, of this article or other ordinances of the Township of South Harrison.
The presence of the machines result in gambling, the repeated use of obscene and loud language disturbing the public or other patrons of the premises, creates a nuisance, excessive noise, litter, traffic or rowdyism by patrons.
Appeal. Any person whose operator's license, or amusement parlor or arcade license, has been revoked may appeal the action taken by the Municipal Clerk to the Township Committee for review. Such appeal must be filed within 10 days of receipt of the Clerk's notice of revocation.
Posting and displaying. An operator's license granted pursuant to this article shall:
All licensed premises shall comply with the following rules and regulations:
No operation of any automatic amusement device shall be permitted between the hours of 11:00 p.m. and 9:00 a.m.
No operator shall offer or permit to be offered any prizes or awards whether in cash or otherwise, as an inducement to the use of said machines.
No operator shall permit any person using an automatic amusement device to operate the same for any gambling purpose prohibited by law. In the event it is determined judicially or by admission of the operator that any automatic 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 16 years, unaccompanied by a parent, on the business premises when school is in session nor to remain on the premises after 9:00 p.m.
[Amended 12-27-2000 by Ord. No. 0-00-04]
No operation shall permit the noise level on any licensed premises to interfere with the reasonable use of any adjacent structures.
Every automatic amusement device required to be licensed under this article shall have permanently affixed thereto an individual identification number or serial number which shall not be transferable from one machine to another. All such identification or serial number shall be located on said machines immediately adjacent to the location on such machines where the machine's license shall be displayed. The identification number or serial number and license shall both be in a position such that they may be readily reviewed and compared by members of the public and enforcing officials. The operator shall at all times maintain good order upon the licensed premises and shall not permit, suffer or allow any disturbance, congestion or loitering upon the licensed premises.
No licensed premises shall be without adequate sanitary facilities or contain any fire, safety or health hazards.
Every device shall at all times be in clear view upon the premises wherein it is located.
No operator shall refuse to cooperate fully with the Police Department, Fire Department, Construction Code Officials, or other Township officials, nor shall any operator refuse access to the premises to the Police Department, Fire Department, Health Department, or Construction Code Officials at any time during normal business hours or at any other reasonable hour.
The following additional requirements shall apply to amusement parlors and arcades:
Parking facilities for bicycles shall be provided, the number of parking spaces to be not less than three bicycle parking spaces per automatic amusement device.
A uniformed security guard shall be employed by the operator and shall be present on the licensed premises between the hours of 6:00 p.m. and 11:00 p.m., inclusive.
No such premises shall be open for business on Sunday.
[Amended 8-9-2006 by Ord. No. 0-06-08]
Any person who violates any provision of this article shall, upon conviction thereof, be punishable as provided in § 1-14 of this Code. Each day that a violation occurs or is committed shall constitute a separate offense.
[Adopted 11-15-2001 by Ord. No. 0-01-11]
All conditions, restrictions, regulations or rules relating to the licensing and conduct of games of chance shall be in accordance with the Raffles Licensing Law, Bingo Licensing Law, Legalized Games of Chance Control Law and the rules and regulations of the State Control Commission.
Under and subject to the terms, conditions and restrictions of this article, N.J.S.A. 5:8-1 to 5:8-77 and the rules and regulations adopted and promulgated or to be hereafter adopted and promulgated by the Legalized Games of Chance Control Commission of the state or its successor, by whatever name the same may be called, licenses shall be issued in the Township to bona fide organizations or associations as designated and described in such laws, which organizations or associations have their principal place of business or building for the holding of their meetings in the Township, provided all ordinances of the Township, including the Land Use and Development Ordinance, will be complied with.
No person, organization, club, company or squad shall conduct, operate, run, participate in or attend any unlicensed raffle or bingo game in the Township.
Raffles. License fees for raffles shall be $10 for each day upon which is to be conducted a raffle, with respect to which all tickets or rights to participate are sold only to persons present at the time of the drawing or allotment of prizes, and $10 for each $1,000 of the value of prizes, and in each raffle with respect to which tickets or rights to participate may be sold in advance of the occasion of the drawing or allotment of prizes.
Bingo. License fees for bingo shall be $10 for each occasion upon which any game is to be conducted under such license.
All license fees shall become the property of the Township.
No license shall be issued for a period of more than one year or shall be required for the holding, operation and conduct of any game of chance authorized by the state.
The Township Committee shall make an investigation of the qualifications of each applicant and the merits of each application as directed in N.J.S.A. 5:8-6, 5:8-27 and 5:8-53, and the Township Committee is hereby charged with the duty and responsibility of making an initial investigation of each application and reporting the result thereof, in writing, to be filed with the Township Clerk/Administrator, prior to the approval of the first license granted to any organization qualified under this article.
No application for the issuance of a license shall be refused by the Township until a hearing is held on due notice to the applicant, at which the applicant shall be entitled to be heard upon his or her qualifications and the merits of the application.
Each application shall be in such form as shall be prescribed in the rules and regulations promulgated by the State Control Commission.
The Township Committee shall have and exercise control and supervision over all games of chance licensed pursuant to this article, in accordance with the licensing laws.
A conviction resulting from violation of any provision of this article shall also be a proper ground, in the discretion of the licensing body, to suspend or revoke a license issued pursuant to this article.
No person under the age of eighteen years shall be permitted to participate in any game or games of chance held, operated or conducted pursuant to any license issued by the Township.
No game or games of chance shall be held, operated or conducted under any license issued by the Township oftener than on six days in any calendar month.
No licensee authorized by law shall hold, operate or conduct any game of chance at the place where the game of chance is being conducted under any license granted hereunder except between the hours of 12:00 noon and 12:00 midnight the same day, all at prevailing time. No license shall be issued for the holding, operating or conducting of said game of chance on Sunday, nor shall any license be issued for the holding, operating or conducting of said game of chance at any time during which a general, municipal, primary, special or board of education election is being held, which the polls are open for voting at such election.
The Township Clerk/Administrator shall, on or before the first day of February in each year, or at any other time which the Legalized Games of Chance Control Commission may determine, make report to the Commission of the number of license issued in the Township under each of the licensing laws and the names and addresses of the licensees, the aggregate of the license fees collected, the names and addresses of all persons detected in violation of each of the laws or of the rules and regulations adopted by the State Control Commission and of all persons prosecuted because of such violations and the result of each such prosecution and the penalties imposed during the preceding calendar year or the period for which the report is required.
[Amended 8-9-2006 by Ord. No. 0-06-08]
Any person who violates any provision of this article shall, upon conviction thereof, be punishable as provided in § 1-14 of this Code.