Township of Evesham, NJ
Burlington County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Council of the Township of Evesham 5-17-1983 by Ord. No. 19-4-83. Amendments noted where applicable.]
GENERAL REFERENCES
Alcoholic beverages — See Ch. 45.
Curfew — See Ch. 63.
Fire prevention — See Ch. 75.
Games of chance — See Ch. 83.
Nuisances — See Ch. 106.

§ 47-1 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
ARCADE
Any place or premises wherein three or more automatic amusement machines or devices are maintained for use and operation by the public.
AUTOMATIC AMUSEMENT DEVICE
Any machine which, upon the insertion of a coin, slug, token, plate or disc, even though remotely controlled, 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 by which they may be indicated. It shall include coin-operated video machines or games 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. This chapter shall also apply to music-playing devices, and with respect to machines awarding prizes, shall only apply to machines awarding prizes or tokens or tickets to redeem for prizes that are not based upon any particular score, skill or result. The same prize or number of tokens or tickets is awarded for each play regardless of the score achieved.
[Amended 10-21-1997 by Ord. No. 28-10-97]
DISTRIBUTOR
Any person who supplies any automatic amusement device to another for use in his premises, whether under lease or any similar arrangement.
OPERATOR
Any person in whose premises any automatic amusement device is placed or kept for operation.
PERSON
Any person, firm, corporation, partnership or association.
PUBLIC OR QUASI-PUBLIC PLACE
Any building, store or other place wherein the public is invited or wherein the public may enter, including premises used as a clubhouse or a clubroom by members of any organization.

§ 47-2 Purpose; objective.

A. 
The purpose of this chapter is to license, regulate and control those automatic amusement devices which are operated for the purpose of making a profit.
B. 
The objective of this chapter is to regulate the business of automatic amusement devices so as to prevent nuisances to patrons and the public, fire hazards from overcrowding, 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.

§ 47-3 Application for license.

A. 
All applications for a license under this chapter shall be made and delivered to the office of the Township Clerk on forms to be supplied for the purpose and shall be subscribed and sworn to by the applicant.
B. 
The application for the license shall contain the following:
(1) 
The name and address of the applicant.
(2) 
The name under which the place is being operated and the location of the same.
(3) 
The number and type of alcoholic beverage licenses, where applicable.[1]
[1]
Editor's Note: See Ch. 45, Alcoholic Beverages.
(4) 
The number and type of machines sought to be licensed.
(5) 
Two copies of the site plan, showing where each automatic amusement device is to be located, which shall be of at least a scale of 1/4 inch equals one foot.
(6) 
The name and address of the person from whom each device is to be purchased, rented or otherwise obtained.
(7) 
Description of each automatic amusement device sought to be licensed, including, for each device, the name of the manufacturer, model number and serial number.
(8) 
Information indicating whether the distributor, the applicant or any person connected with the operation of the place wherein the device is to be installed has ever been convicted of any crime or found guilty of the violation of any ordinance pertaining to gambling or gaming.
(9) 
Any other information which the Construction Official, Police Chief or subcode officials may deem reasonably necessary and proper for the full protection of the interest of the patrons or the public in the application.

§ 47-4 License required.

No person shall install, place, maintain, operate or possess, in any store, place of business, building or public or quasi-public place wherein the public is invited or may enter, any automatic amusement device within the limits of the Township of Evesham without first applying for and obtaining a license therefor for each and every automatic amusement device to be installed.

§ 47-5 Exceptions to provisions.

A. 
The provisions of this chapter shall not apply to any church, fraternal or veterans' organizations or other religious groups, charitable or nonprofit organizations which operate any coin-operated amusement device for the use of their members and their guests on premises owned or controlled by them.
B. 
No license shall be issued to any person under 18 years of age.
C. 
No portion of this chapter shall apply to an individual operating any type of amusement device or vending machine whose operation is confined to that individual's private dwelling and is not for profit.

§ 47-6 Investigation and issuance.

The Chief of Police or his designee may make an investigation of the applicant to determine the truth of the facts set forth in the application. The Construction Official, subcode officials or their designees may inspect the premises to determine whether said premises complies with existing building regulations of the Township of Evesham. The Chief of Police and the Construction Official may, upon completion of their inspection, attach to said application their reports therein in writing. Upon receipt of said application and inspection reports, if any, the Township Clerk, if the application is approved, shall issue the necessary license upon the receipt of the license fee or fees as herein provided.

§ 47-7 Fees.

For each automatic amusement device covered by this chapter, the license fee shall be $100 per year.

§ 47-8 Term of license; transferability.

A. 
Commencing March 31, 1991, all licenses shall expire on March 31 of each year. For licenses expiring prior to March 31, 1991, any renewal shall be for that portion of the year which ends on March 31, 1991, and the fee shall be a pro rata portion of the normal yearly fee. If an amount in excess of said pro rata portion shall have already been paid, the amount of the excess shall be refunded. For those licenses which shall expire after March 31, 1991, any renewal shall be for that portion of the yearly term which ends on March 31, 1992, and the fee shall be a pro rata portion of the normal yearly fee. For those licenses which are issued initially at some time other than April 1, the license fee shall be a pro rata portion of the normal yearly license fee.
[Amended 5-15-1990 by Ord. No. 18-5-90]
B. 
A license may be transferred from one machine to another by giving notice to the Township Clerk to that effect and giving a description of the new machine, including manufacturer, model number and serial number.

§ 47-9 General regulations.

A. 
The devices to be used under the license(s) shall be so arranged as to permit a clear view of the interior room or rooms involved from an area outside of the room. For example, the amusement device area may be viewed by an interior opening or window giving a view to the amusement device room.
[Amended 5-4-1993 by Ord. No. 32-5-93]
B. 
No operation of the devices shall be permitted between the hours of 11:00 p.m. to 9:00 a.m., Sunday through Thursday, and 1:00 a.m. to 9:00 a.m., Friday through Saturday.
[Amended 5-4-1993 by Ord. No. 32-5-93]
C. 
No operator shall knowingly permit any person convicted of a crime to be associated with him in the management of the business or to be an employee or to loiter on the premises.
D. 
No operator shall offer or permit to be offered any prizes or awards, whether cash or otherwise, as an inducement to use said machines.
E. 
No operator shall permit any juvenile under the age of 18 years, unaccompanied by a parent, to remain on the premises contrary to the provisions of Chapter 63, Curfew.
[Amended 5-4-1993 by Ord. No. 32-5-93]
F. 
An automatic amusement device may only be used or operated during the hours of operation of the premises in which it is located and when the operator or an employee of the operator is present on the premises.

§ 47-10 Suspension or revocation of license.

All licenses issued under this chapter 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 certified mail and after due hearing, suspend or revoke the license of any person for violating any provision of this chapter or for other good cause, including:
A. 
Gambling on the premises.
B. 
False or incorrect material on the application or information furnished by the applicant.
C. 
Failure to maintain good and safe conduct on the premises.
D. 
Violation of the laws of the State of New Jersey or this or other ordinances of the Township of Evesham.
E. 
Obscene and loud language disturbing to the public or to the other patrons of the premises, creating a nuisance or generating litter.[1]
[1]
Editor's Note: See Ch. 106, Nuisances.

§ 47-11 Posting and display of license.

An operator's license granted pursuant to this chapter shall:
A. 
Be posted in a conspicuous place at the location for which said license is granted.
B. 
State the name and address of the licensee.
C. 
State the manufacturer, model number and serial number for each and every automatic amusement game for which said license was issued.

§ 47-12 Violations and penalties.

Any person who violates any provision of this chapter shall, upon conviction thereof, be punished by a fine not exceeding $500 or by imprisonment for a term not exceeding 90 days, or both. Each day that a violation occurs or is committed shall constitute a separate offense.