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Chapter 27 AMUSEMENT DEVICES, COIN-OPERATED
Chapter 27 AMUSEMENT DEVICES, COIN-OPERATED
§ 27-1. License required.
§ 27-2. Definitions.
§ 27-3. Issuance of licenses; fees.
§ 27-4. Application for license; information.
§ 27-5. Conspicuous posting of license.
§ 27-6. Information on license.
§ 27-7. Gambling unlawful.
§ 27-8. Purpose.
§ 27-9. Notice of application to neighboring property owners.
§ 27-10. Grant or denial of license.
§ 27-11. Approval of Building Inspector, Zoning Officer and Fire Marshall.
§ 27-12. Number of amusement devices restricted.
§ 27-13. Inspections.
§ 27-14. License nontransferable.
§ 27-15. Hours of Business.
§ 27-16. Billiard or Pool Room
§ 27-17. Revocation of license; hearing..
§ 27-18. Sanitation.
§ 27-19. Revocation or suspension of license.
§ 27-20. Transfer of machines or devices.
§ 27-21. Violations and penalties.
§ 27-22. Severability.
§ 27-23. Repealer.
§ 27-24. When effective.
[HISTORY: Adopted by the Township Committee of the Township of Gloucester 5-21-41 as Ord. No. 126. Amendments noted where applicable.]
General References
Alcoholic beverages - See Chapter 26
Entertainment on Sunday - See Chapter 49
Hawkers, peddlers, canvassers and solicitors - See Chapter 58
Be it ordained by the Township Committee of the Township of Gloucester, in the County of Camden and State of New Jersey, as follows:
§ 27-1. License required.
No person shall place or maintain, or permit or suffer to be placed, operated, used or maintained, in any public or quasi-public place or in any building, store or other place wherein the public is invited or wherein the public may enter, including premises used as a clubhouse or club rooms, within the limits of the Township of Gloucester, any coin-controlled amusement device coin controlled automatic music device, record playing machine, or any non-coin controlled amusement device or game, such as, but not limited to billiards or pool tables, hockey games, football games, soccer games, shuffleboard, bowling or any other games of skill, without first having obtained a license for such devices, machines or tables. [Amended 8-14-89 by Ord. 0-89-37]
§ 27-2. Definitions.
As used in this ordinance, the following terms shall have the meanings indicated:
COIN-CONTROLLED AMUSEMENT DEVICE - Shall include any machine which, upon the insertion of a coin or slug, operated or may be operated for use as a game, contest or amusement of any description or which may be used for such game, contest or amusement and which contains no automatic payoff device for the return of slugs, money, coin, checks, tokens or merchandise, and shall include pinball machines and other coin-controlled devices in which marbles, balls or pellets are projected or propelled by spring or plunger or by any other means whereby such marbles, balls or pellets fall into slots, tracks, grooves or any other position or whereby said marbles, balls or pellets strike pins or objects, which machine may be used as a game of skill or amusement; and said words "coin-controlled amusement device" shall also include particularly, but not by way of limitation, those machines commonly known as bagatelle, baseball or pin amusement machines and photoelectric shooting or target machines.
COIN-CONTROLLED AUTOMATIC MUSIC DEVICE OR RECORD-PLAYING MACHINE- Shall include any machine, device or instrument which, upon the insertion of a coin or slug, operates or may be operated to play music from a record or other sound or music-making device or by any means whatsoever.
PERSON - Shall include any individual, corporation, firm, association, partnership, trustee or receiver.
ARCADE - Any establishment, place of business, building, store, public or quasi-public place, or other place wherein the public is invited or wherein the public may enter, including premises used as a clubhouse or clubrooms, having, placing, maintain, operating, using or permitting or suffering the placement, maintenance, operation or use of four (4) or more coin-controlled amusement devices, coin-controlled automatic music devices, record playing machines, non coin-controlled amusement devices, or any combination thereof, shall be deemed to be an arcade for the purposes of this ordinance.
DEVICE - shall include any machine, game, table or equipment of any kind or nature in or on which any game or contest of skill is used for amusement purposes.
NON COIN-CONTROLLED AMUSEMENT DEVICE - shall include any machine operated or which may be operated for use as a game, contest or amusement of any description or which may be used for such game, contest or amusement and which contains no automatic payoff device for the return of slugs, money, coin, checks, tokens or merchandise, which machine, table or device may be used as a game of skill or amusement and for which payment in any manner is used for the opportunity to use or operate any such machine, table or device.
BILLIARD OR POOL ROOM - any room, establishment, place of Business, building, store, public or quasi-public place or other place wherein the public is invited or wherein the public may enter, including premises used as a clubhouse or clubrooms, having, placing, maintaining, operating or using or permitting or suffering the placement, maintenance, operation of two or more machines, tables or devices on which the game known as "pool or "billiards" are or may be played.
§ 27-3. Issuance of licenses; fees.
[Amended 5-20-70 by Ord. No. 392, 5-27-81 by Ord. No. 013, 10-13-82 by Ord. No. 0-82-32]
The license for the placing, operation, maintenance or use of any coin-controlled amusement device, coin-controlled automatic music device, record-playing machine, or non-coin-controlled amusement device shall be issued by the Township Clerk of the Township of Gloucester to and in the name of the person making the application therefor. All licenses issued hereunder shall expire on the 31st day of December of each year. The annual license fee shall be one hundred dollars ($100.00) for each device machine, game or table. In addition to the license, a separate stamp shall be issued by the Township for each device, machine, game or table, which shall be affixed thereto.
"The annual license fee for the operation of an " Arcade" or "Billiard" or "Pool Room" shall be $1000.00 in lieu of all other fees, and such license shall expire on December 31st of each year, prorated on a quarterly basis. There shall be no refunds of any annual license fee." [Amended 8-14-89 by Ord. No. 0-89-37] [Amended 10-9-89 by Ord. 0-89-50]
§ 27-4. Application for license; information.
[Amended 10-13-82 by Ord. No. 0-82-32]
Applications for licenses hereunder shall be made to the Township Clerk of the Township of Gloucester upon a form furnished by the Township of Gloucester which among other information shall contain:
A. The name of the applicant; if the applicant is a corporation, the names of the officers and directors of the corporation.
B. The residence of the applicant.
C. The place of business of the applicant.
D. The nature, character and description of each machine or device to be licensed.
E. The number of machines desired. [Amended 5-27-81 by Ord. No. 0-81-13]
F. The address or addresses where each machine or device is to be located.
G. Attached sketch plat of the premises and building or structure in which a machine or device is to be located showing proposed location of each machine or device and setting forth the dimensions of the building or structure and of each room or area wherein the machine or device is to be situate.
H. Description of all activities and business to be conducted on the premises.
I. Statement whether applicant or his agents or employees have been convicted of a crime. If applicant is a partnership or corporation, statement whether any partner, stockholder, officer, member of the board of directors, agents or employees have ever been convicted of a crime. If statement or answer is in the affirmative, the name or names of the individual or individuals, the date of such conviction or convictions and the name and nature of such crime or crimes shall be set forth.
J. Such other information as may be deemed necessary by the Township.
§ 27-5. Conspicuous posting of license.
[Amended 5-27-81 by Ord. No. 0-85-13, 10-13-82 by Ord. No. 0-82-32]
No coin-controlled amusement device or coin-controlled automatic music device or record-playing machine, non-coin controlled amusement device, shall be placed, operated, maintained or used, or suffered or permitted to be placed, operated, maintained or used in the Township of Gloucester, until and unless the license required hereunder shall be posted or affixed in a conspicuous place so that the same may be easily and readily identified and observed, and in addition, the prescribed stamp for each device or machine issued by the Township bearing the serial number of such device or machine shall be conspicuously affixed thereto. Any such device or machine which shall not have the required stamp affixed thereto shall be deemed to be an unlicensed device and machine. Any person having supervision or control over any building, store or other place where the public may enter or any clubhouse or club room wherein any such device or machine without a stamp affixed thereto is placed, operated, used or maintained shall be deemed to have suffered or permitted such unlicensed device or machine to be placed, operated, used and maintained therein in violation of the provisions of this ordinance.
"The Arcade license required hereunder shall be posted or affixed in a conspicuous place so that the same may be easily and readily identified and observed."
§ 27-6. Information on license.
[Amended 5-27-81 by Ord. No. 0-81-13]
Every license issued hereunder shall be numbered and shall disclose on its face the name and post office address of the licensee to whom it is issued and the address of the establishment wherein the licensed device or machine shall be located and a brief description of each and every device or machine to be licensed.
§ 27-7. Gambling unlawful.
No person shall use or permit or suffer to be used any coin-controlled, non-coin controlled amusement device licensed hereunder, for the purpose of gambling.
[Amended 8-14-89 by Ord. 0-89-37]
§ 27-8. Purpose.
[Amended 5-27-81 by Ord. No. 0-81-13].
This ordinance is enacted for the regulation and control of coin-controlled amusement devices and coin-controlled automatic music devices, record-playing machines, non-coin controlled amusement device and for the preservation of the public health and welfare of the citizens and residents of the Township of Gloucester.
[Amended 8-14-89 by Ord. 0-89-37]
§ 27-9. Arcade, Application, Fee, Notice of Hearing Requirement.
[Amended 5-27-81 by Ord. No. 0-81-13 ,10-13-82 by Ord. No. 0-82-32] [Amended 8-14-89 by Ord. 0-89-37]
Any establishment, place of business, building, store, public or quasi-public place, or other place wherein the public is invited or wherein the public may enter, including premises used as a clubhouse or clubrooms, having, placing, maintaining, operating, using or permitting or suffering the placement, maintenance, operation or use of four(4) or more coin-controlled amusement devices or coin-controlled automatic-music devices or record playing machines, non-coin controlled amusement device (or any combination thereof) shall be deemed to be an arcade for the purposes of this ordinance and the owner and/or operator thereof shall be required to secure licenses for such devices and machines in compliance with the following provisions and procedures.
A. Filing an application with the Township Clerk in accordance with Section 27-4, and in addition thereto, payment of non-refundable application fee of fifty dollars ($50.00) and filing a sketch plat showing all on-site parking facilities on the premises of the proposed operation as well as the location and nature of all buildings and businesses within 200 feet of said premises. Upon such filing and payment, the Township Clerk shall establish the date on or before which all written objections to the application or operation shall be filed with the Township Clerk. Said date for filing of written objections shall not be less than twenty (20) or more than thirty (30) days after the date of filing of the application.
B. Within ten (10) days after filing of said application, the applicant shall serve upon the owners of all real property as shown on the current tax duplicate located within two- hundred (200) feet in all directions from the property lines of the premises of the proposed operation, a copy of the application and a notice stating that all objections to the application and proposed operation, if any, shall be made in writing to the Township Clerk on or before the date established by the Township Clerk as the last day for the filing of written objections. Service of said notice and copy of application shall be given either by personally delivering or handing a copy of the same to the property owner as shown on said current tax duplicate or his agent in charge, or by mailing a copy of the same by certified mail to the property owner at his address as shown on the said current tax duplicate. In addition, a copy of such notice shall be posted upon the front of the premises proposed to be used for such operation, such posting to take place at least ten (10) days prior to the date specified in the notice for the filing of objections with the Township Clerk.
C. Within ten (10) days after filing of said application public notice shall be given by the Township Clerk by publishing in an official newspaper of the Township, notice of the filing of said application and notice that all objections to the application and proposed operation, if any, shall be made in writing to the Township Clerk on or before the date established as the last day for the filing of said written objections.
D. The notice required hereunder shall state the nature of the matter to be considered and the location of the property proposed for the operation of said devices or machines by street address, if any, and by reference to lot and block numbers as shown on the current Tax Map of the Township. Said notices shall also state that all objections to the application and proposed operation shall be made in writing to the Clerk of the Township of Gloucester at P.O. Box 8, Blackwood, New Jersey, 08012, on or before the date established as the last day for the filing of said written objections.
E. The applicant shall file an affidavit of proof of service, attaching a copy of the notice served upon all property owners within two hundred (200) feet of the proposed operation and the list of names and addresses of all property owners served, and setting forth the time, place, and manner of service. If service is made by certified mail the applicant shall also submit the return receipt cards with said affidavit. The affidavit shall also set forth the time an manner of the posting of notice on the premises as required under subsection B.
F. Proof of public notice by publication shall be provided and filed by the Township Clerk.
G. In the event any written objections to the application and the proposed operation are filed with the Township Clerk by the end of the last day established therefor, or a request for hearing is made by the Township Council, the Township Clerk shall schedule a public hearing on said application to be held within fifteen (15) days of the last day for filing written objections. The Township Clerk shall provide at least seven (7) days notice of said public hearing to the applicant and to all persons filing written objections.
H. The public hearing on said application shall be held before the Township Council.
I. Within twenty (20) days after the conclusion of the public hearing or any continuation thereof, the Township Council shall either direct that the requested licenses be issued or that the licenses be denied. If denied, the reason for the denial shall be forwarded to the applicant in writing.
§ 27-10. Grant or denial of license.
[Added 5-27-81 by Ord. No. 0-81-13. 10-13-82 by Ord. No. 0-82-32]
Any application for a license under this ordinance shall be granted unless:
A. After a public hearing upon written objections of residents of the Township of Gloucester or neighboring property owners held pursuant to this ordinance, the hearing officer shall determine, upon considering all the evidence and testimony, that issuance of the proposed license would be a substantial detriment to the public health, safety and welfare of any proprietary interest of the inhabitants of the immediate area or the inhabitants of the township thereof; or
B. Such certifications required by this ordinance shall have been denied; or
C. The proposed premises for operation are in violation of any of the provisions of this ordinance or the Township Code or any applicable state or federal law; or
D. The applicant has made a false statement, in the license application the notice of proof provided for in this ordinance , or at the hearing. No arcade license shall be issued under this ordinance unless the following certifications are obtained and produced by the applicant.
A. Certificate of continued occupancy issued by the Construction Official.
B. Certificate of conformity or written certification by the Zoning Officer stating that the proposed use of the premises for the purposes in the application is in accordance with the Zoning Ordinance of the Township of Gloucester.
C. Certificate of Compliance or certification by the Fire Marshall, that premises is in compliance with the Fire Prevention Code and that all persons on the premises may safely exit the premises in case of an emergency.
D. Certification that License Fee has been paid
§ 27-12. Number of amusement devices restricted.
[Added 5-27-81 by Ord. No. 0-81-13]
No licensee shall have available for public use on the licensed premises a greater number of coin-controlled amusement devices or mechanical amusement devices than are specified in the license.
§ 27-13. Inspections.
[Added 5-27-81 by Ord. No. 0-81-13, 10-13-82 by Ord. No. 0-82-32]
A. Whenever inspections of the premises used for or in connection with the operation of the licensed devices or machines under this ordinance are reasonably necessary to secure compliance with any provision of this ordinance or to detect violations thereof, the applicant for such license or licensee or the person in charge of the premises to be inspected shall admit thereto for the purpose of making the inspection any officer or employee of the township who is authorized or directed to make such inspection at any reasonable time admission is requested.
B. In addition to any penalty which may be provided, the Township Council may deny a license under this ordinance to any applicant or revoke the licenses of any licensee who refuses to permit any officer or employee of the township who is authorized to make such inspection, or who interfered with such officer or employee while in the performance of his duty in making such inspection, or who interfers with such officer or employee while in the performance of his duty while making such inspection, provided that no license under this ordinance shall be revoked or denied prior to extending to the applicant or licensee an opportunity to be heard at a fair hearing.
§ 27-14. License nontransferable.
[Added 5-27-81 by Ord. O-81-13.]
No license under this ordinance shall be assignable or transferable.
§ 27-15. Hours of business.
[Added 5-27-81 by Ord. O-81-13, Amended on 10-13-82 by Ord. O-82-32]
No arcade license under this ordinance shall be permitted to operated except between the hours of 8:00 am and 10:00 pm Sunday through Thursday, and between the hours of 8:00 am and 11:00 pm on Fridays and Saturdays.
The owner or operator of an Arcade shall be responsible to maintain order within the arcade and immediately outside the arcade premises. [Amended 8-14-89 by Ord. O-89-37]
§27-16. Billiard or Pool Room
Notwithstanding anything herein to the contrary, in addition to the provisions relating to Arcades, the following subsections shall apply to billiard or pool rooms.
A. After the hour of 8:00 P.M., no persons under the age of eighteen (18) years shall be admitted to or permitted to play pool or billiards in any licensed premises or to frequent or lounge, congregate or gather on said premises unless accompanied by his or her parent. [Amended on 06-28-04 by Ord. O-04-15]
B. Hours of operation for a pool or billiard room shall be between the hours of 9:00 a.m. and 2:00 a.m. of the following day.
C. No license shall be issued for any pool or billiard room within 1000 feet of any school, church or public building.
D. The provision of this Chapter shall not apply to any religious, charitable benevolent or non-profit association or corporation which operates pool or billiard tables solely for the recreation and amusement of its members, provided such organization is bona fide in character and is not intended as a means or device for evading the terms and provisions of this Ordinance, nor shall this Ordinance apply to keeping and use of any pool or billiard table in private residences. [Amended by Ord 0-89-50 10-09-89]
§27-17. Revocation of license; hearing.
[Added 5-27-81 by Ord. No. 0-81-13]
A. Whenever a petition is filed with the Township Clerk, and said petition protesting, as a threat to the public health or safety, the continued operation of the licensee under this ordinance and said petition having been signed by at least twenty-five percent (25%) of the property owners located within two hundred (200) feet of the licensed premises, or having been signed by one hundred (100) bona fide residents of the Township of Gloucester over the age of eighteen (18), the Township Council or his designee shall set a date for a public hearing on the revocation of the license of such operation, not less than ten (10) days nor more then twenty (20) days after the receipt of such petition.
B. Whenever a licensee under this ordinance is in violation of any provision of this ordinance or any other applicable law or ordinance, the Township Council may hold a hearing requiring the licensee to show cause why his license should not be revoked.
[Amended 8-14-89 by Ord. O-89-37]
C. At least ten (10) days prior to any hearing held pursuant to this ordinance, the Township Council shall provide the licensee with written notice of the time, place and date of the hearing and a summary of the allegations to be made and the grounds for revocation to be considered at such hearing and notice of the time, place and date of hearing shall also be given to the petitioners whose names and addresses appear on the petitions.
§ 27-18. Sanitation.
[Added 5-27-81 by Ord. No. 0-81-13]
The licensed premises shall be kept at all time in a clean, healthful and sanitary condition and shall be subject to the public health and sanitary provisions of the Township Code.
§ 27-19. Revocation or suspension of license.
[Added 5-27-81 by Ord. No. 0-81-13, 10-13-82 by Ord. No. 0-82-32]
A. All licenses issued under this ordinance shall be deemed to be granted upon the express condition that, in addition to any other sanction or penalty, the Township Council may, after due notice by personal service or registered or certified mail and after due hearing, suspend or revoke the license of any person for violating any provision of this ordinance or for other good cause or suspend temporarily, pending a hearing or notice thereof, any such license when such is deemed by the issuing of licensing authority to be immediately necessary to prevent emergent danger to the public health, safety or welfare. Any such temporary suspension without notice for emergency reasons shall be for a period not longer than ten (10) days, which may be extended for additional periods of ten (10) days if the said danger exists.
B. The provisions of this section shall be deemed supplementary to and not in lieu of any provisions in any other section of this ordinance providing for the revocation or suspension of licenses.
§ 27-20. Transfer of machines or devices.
[Added 5-27-81 by Ord. No. 0-81-13, 10-13-87 by Ord. No. 0-82-32]
Replacement of Substitution of Devices or Machines by a licensee must be approved by the Township Clerk prior to such replacement or substitution. The fee for each replacement or substitution shall be twenty-five dollars ($25.00) and a new stamp shall be issued therefor.
The operation of an Arcade is exempt from this provision of the ordinance. [Amended 8-14-89 by Ord. No. 0-89-37]
§ 27-21. Violations and penalties.
[Amended 5-20-70 by Ord. No. 392]
Any person violating any of the provisions of this ordinance shall, upon conviction, be punished either by imprisonment in the county jail, or in any place provided by the municipality for the detention of prisoners, for any term not exceeding ninety (90) days or by a fine not exceeding five hundred dollars ($500.), or both, in the discretion of a court of competent jurisdiction. In default of the payment of any fine imposed under this ordinance, any person convicted of a violation hereof may, in the discretion of the court of competent jurisdiction by whom he was convicted, be imprisoned in the county jail or place of detention provided by the municipality for any term not exceeding ninety (90) days.
§ 27-22. Severability.
If for any reason any section or part of a section or provision of this ordinance shall be questioned in any court and shall be held to be unconstitutional or invalid, same shall not be held to affect any other section or part of a section or provision of this ordinance.
§ 27-23. Repealer.
All ordinances or parts of ordinances inconsistent herewith be and the same are hereby repealed.
§ 27-24. When effective.
This ordinance shall take effect upon due passage and publication according to law.
-------------------------------------
Editor's Note: This Ordinance also provided for the renumbering of former § 27-9 through § 27-12 as § 27-20 through § 27-23 respectively. § 27-11. Certification Required. [Amended 5-27-81 by Ord. 0-81-13, 10-13-82 by Ord. 0-82-32] [Amended 8-14-89 by Ord.0-89-37]
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