[HISTORY: Adopted by the Borough Council
of the Borough of Caldwell 11-16-1964 by Ord. No. 452 as Ch. 5, Art. II, of
the 1964 Code. Amendments noted where applicable.]
This chapter is enacted for the purpose of raising
revenue and for the regulation and control of the business sought
to be licensed under this chapter, pursuant to N.J.S.A. 40:52-1 and
40:52-2.
For the purposes of this chapter, the following
words and phrases shall have the meanings respectively ascribed to
them by this section:
Any place of public assemblage in which the game commonly
known as "bowling" or games of a similar nature are played.
Any place of public assemblage in which the games commonly
known as "pool" or "billiards" or games of a similar nature are played.
No person shall operate or conduct a pool or
billiard hall or parlor or bowling alley without having first obtained
from the Borough a license therefor.
Any person desiring to obtain a license to operate
a pool or billiard hall or parlor or a bowling alley shall make application
for the same, in writing, to the Borough Clerk. Such application shall
set forth the following:
A.
The location of the place for which the license is
desired.
B.
The number of pool tables and billiard tables to be
located upon the premises to be licensed.
C.
The number of bowling alleys to be located upon the
premises to be licensed.
D.
The name of the individual applicant, the owner of
the business.
E.
The post office address of the applicant.
F.
The name and address of the manager or person who
shall be in charge of the licensed premises, if other than the owner
of the business.
G.
If the applicant is a firm or partnership, the names
and addresses of all members thereof.
H.
If the applicant is a corporation, the names and addresses
of the officers and all stockholders, together with the name and address
of the registered agent authorized to accept service of process.
I.
Whether or not the individual applicant or a member
of the firm, partnership or corporation applicant or the manager or
person who shall be in charge of the licensed premises has ever been
convicted of a crime or violation of a Borough ordinance involving
gambling.
No license required by this chapter shall be
issued by the Borough Clerk until after investigation and recommendation
by the Chief of Police and approval by the Borough Council. All licenses
shall be signed by the Mayor and by the Borough Clerk.
The Borough Council may refuse to grant a license
to any person or any firm or partnership of which a member thereof
or any corporation of which a stockholder or officer thereof has been
convicted of a crime or a violation of any Borough ordinance involving
gambling.
No license shall be issued for the operation
of any pool or billiard hall or parlor or bowling alley which is located
within 200 feet of any school or church.
[Amended 7-13-1999 by Ord. No. 1073-99]
The annual fees to be paid for licensed required by this chapter shall be as set forth in Chapter A270, Fees.
Licenses issued pursuant to this chapter shall
expire on the 31st day of December of the year in which the same are
issued.
Licenses for pool or billiard halls or parlors
or bowling alleys, when granted, shall be kept in a conspicuous place
in the establishment.
Any license issued under this chapter may be
transferred by the holder thereof to another address, provided that
the licensee makes application, in writing, for such transfer to and
receives approval of the Borough Council.
In addition to any other penalties imposed for
the violation of this chapter, any license issued under this chapter
may be revoked by the Borough Council at any time for any violation
of this chapter or for other sufficient cause, after notice and hearing
to the licensee.
No licensee under this chapter, nor any agent,
servant or employee of any such licensee, shall allow, suffer or permit
or cause to be allowed, suffered or permitted:
A.
The licensed premises to be or remain open for business
on Sundays or during the hours between midnight and 8:00 a.m. on weekdays
and Saturdays.
B.
Card playing in any form, even if such card playing
is for social purposes.
C.
Gambling in any form in or at the licensed premises.
D.
Any intoxicated or disorderly person to be admitted
to the licensed premises or to remain therein.
E.
Any person under the age of 21 years to be employed
in any capacity in or at the licensed premises.
No pool or billiard hall or parlor licensee,
nor any agent, servant or employee of such a licensee, shall allow,
suffer or permit, or cause to be allowed, suffered or permitted:
A.
A minor under the age of 16 years, unaccompanied by
a parent or guardian, to play in or at the licensed premises the game
commonly known as "pool" or "billiards" or games of a similar nature
or to frequent or lounge or congregate or gather therein.
B.
A minor over the age of 16 years and under the age
of 18 years to play in or at the licensed premises after the hour
of 7:00 p.m. (unless accompanied by a parent or guardian) the games
commonly known as "pool" or "billiards" or games of a similar nature
or to frequent or lounge or congregate or gather therein.
All premises in which the games of pool, billiards
or bowling are played shall be on the street floor of any building
and shall be so arranged and shall be so lighted that a full view
of the interior may be had from the public thoroughfare or from adjacent
rooms to which the public is admitted at all hours.
This chapter shall not apply to any religious,
charitable, benevolent or nonprofit association or corporation which
operates or maintains any pool or billiard table or bowling alley
solely for the recreation and amusement of its members, provided that
such organization is bona fide in character and is not intended as
a means or device for evading the terms and provisions of this chapter,
nor shall this chapter apply to any pool or billiard table or bowling
alley in private residences for private use.
[Added 7-13-1999 by Ord.
No. 1073-99; amended 10-14-2008 by Ord. No. 1187-08]
Any violation of this chapter shall be punishable
by a fine not exceeding $2,000, imprisonment for a term not exceeding
90 days, a period of community service not exceeding 90 days, or a
combination thereof.
