As used in this article, the following terms shall have the meanings
indicated:
Any amusement machine or device, including motion-picture machines,
operated by means of or set in motion by deposit therein of a coin, token,
slug, wafer, disc or other like article for the purpose of amusement or skill
and for the playing of which a fee is charged. This term shall not include
vending machines which are not incorporated gaming or amusement features,
nor does this term include any coin-operated mechanical music devices commonly
known as "jukeboxes."
Any person, firm, corporation, partnership, association or club who,
as the owner, lessee or proprietor, has under his or its control any establishment,
place or premises in or at which such coin-operated amusement device is placed
or kept for use or play or is on exhibition for the purpose of use or play.
It shall be unlawful for any person to operate or permit the operation
of any amusement game in the Township of Franklin unless and until a license
has been issued by the Township Committee in accordance with the regulations
promulgated by the State Commissioner of Amusement Games Control of the State
of New Jersey and pursuant to the authority of this article.
A.
An application for a license hereunder shall be filed,
in writing, in triplicate, with the Township Clerk on a form to be provided
by the Township and shall specify:
(1)
The name and address of the applicant and, if a firm,
corporation, partnership, association or club, the principal officers thereof
and their addresses.
(2)
The address of the premises where the licensed device
or devices are to be operated, the area on said premises where the licensed
device or devices are to be located and the character of the business that
is carried on at such place.
(3)
The trade name, a general description of the device or
devices to be licensed, the name of the manufacturer and the serial number
and number of devices to be licensed, in the event that there is no serial
number or there is no manufacturer's name, the name of the maker or builder
thereof and the address of the maker and builder thereof.
(4)
The name and address of the owner of the device or devices
if other than the proprietor.
(5)
Whether or not a license to sell alcoholic beverages
for consumption on the premises has been issued for the premises and, if so,
the type and number of the license.
(6)
Whether or not the applicant or the principal officer
or the operator thereof, if the applicant is not a natural person, has ever
been convicted of a violation of any statute or municipal ordinance involving
gambling or moral turpitude and, if so, details of the conviction.
B.
The proper license fee as set forth in § 94-39 shall accompany such application. Said application and license fee shall thereafter be referred by the Township Clerk to the Township Committee, which will make or cause to be made an investigation as deemed necessary. If the application is approved by the Committee, the license shall be issued by the Clerk, and the Clerk shall forthwith tender the fee remitted to the Treasurer. If the license is denied, the fee shall be returned to the applicant. All licenses under this article shall expire on December 31 following their issuance. Such license as granted shall be nonassignable and nontransferable and shall apply only to the premises and the devices for which this license is issued.
The license fee for said business and the use of amusement games and
devices for the premises upon which they are to be conducted or carried on
shall be the sum of $50. In the event that the application for the license
fee is filed subsequent to April 1 of any year, the license fee shall be prorated
for the remaining months of the year.
No coin-operated amusement device shall be located in any premises within
200 feet of a church or other religious institution or a public or private
school. Said distance of 200 feet shall be measured from property line to
property line at their nearest points.
Upon review of the application and any and all reports obtained in the
investigation thereof, the Mayor and Township Committee, in acting upon said
application, may refuse to grant a license in any case and all cases where
it shall be determined that a person who has been convicted of a crime is
interested, either directly or indirectly, in the application for such license
or in the operation of said business or the place or premises in or at which
said business is proposed to be conducted and carried on under said license.
No coin-operated amusement device shall be placed, operated, maintained
or used until the proprietor's license issued pursuant to this article
shall be posted in a conspicuous place in the premises where the device is
operated or maintained.
A.
The licensee 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.
B.
No licensee shall operate or permit the operation of
any amusement game on the licensed premises between the hours of 12:00 midnight
and 8:00 a.m., with the exception of those licensed games located in the licensed
taverns or bars wherein the same can be operated during the hours of operation
pursuant to the ordinance thereon.[1]
C.
Any licensee shall not permit, suffer or allow any person
to bid or gamble in any form or manner on the licensed premises and shall
prevent any moral or illegal conduct from occurring.
D.
No licensed premises shall be without adequate sanitary
facilities or contain any fire, safety or health hazards.
E.
No licensee shall permit any person under 14 years of
age to play or operate any of the automatic amusement devices licensed by
this article unless such person is accompanied by a parent, legal guardian
or adult member of his family.
F.
All licensees shall operate under and pursuant to the
regulations promulgated by the State Commissioner of Amusement and Games Control
as licensed under this article.
Any person, as defined hereunder, upon violation of the provisions of
this article, shall be subject to the penalty provisions of § 95-16.
