Township of Marlboro, NJ
Monmouth County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Council of the Township of Marlboro as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Business licensing — See Ch. 113.
Games of chance — See Ch. 190.
Land use and development — See Ch. 220.
Noise — See Ch. 241.
Parental responsibility — See Ch. 252.
[1]
Editor's Note: The title of this chapter, which chapter then consisted of §§ 88-1 through 88-12, was changed from "Amusement Devices" to "Amusement Devices and Amusement Parks" and said sections were designated as Art. I on 2-2-2012 by Ord. No. 2012-2.
[Adopted 7-15-1993 by Ord. No. 7-93 (Ch. 43 of the 1981 Code)]

§ 88-1 Purpose and objective.

A. 
The purpose of this article is to regulate and control all mechanical and electronic amusement devices within the Township of Marlboro and to provide a licensing scheme governing those individuals or entities who supply or keep such devices for the purpose of making a profit.
B. 
The objective of this article is to prevent nuisances to patrons and the public, fire hazards from overcrowding, poor ingress and egress, the promotion of gambling, loitering or the creation of an unhealthy atmosphere for the residents of the community or other foreseeable undesirable effects arising from the use of mechanical and electronic amusement devices.

§ 88-2 Definitions.

As used in this article, the following terms shall have the meanings indicated:
DISTRIBUTOR
Any person or entity who supplies any mechanical or electronic amusement device to another for use in his premises, whether under lease or any similar arrangement.
JUKEBOX
Any machine which is kept in a public or quasi-public place and which is intended to play music for the entertainment of the general public upon the insertion of a coin or other consideration.
MECHANICAL OR ELECTRONIC AMUSEMENT DEVICE
Any machine which, upon the insertion of a coin, slug, token plate or disc or operated for any other consideration, may be operated by the public for entertainment or amusement, whether or not the machine registers scores or tallies. Examples of "mechanical or electronic amusement devices" include pinball machines, coin-operated pool tables, bowling machines, mechanical grab machines, skee-ball, pokerino machines, video games or other video-type computer machines and similar devices. This enumeration is intended to be typical and shall not be construed as exclusive. "Kiddie rides" shall not be considered a mechanical or electronic amusement device for the purpose of this article. A "kiddie ride" is a coin-operated machine which is sat upon or in and causes a certain motor or gyration following the insertion of a coin and is designated primarily for use by children under the age of 10.
OPERATOR
Any person or entity in whose premises a mechanical or electronic amusement device is placed or kept for operation by the public.
PUBLIC OR QUASI-PUBLIC PLACE
Any building, store, marketplace, club, tavern, inn, cocktail lounge, restaurant, hotel or other premises wherein the public is expressly or impliedly invited or may enter.

§ 88-3 License required; exemptions.

A. 
License required. No person or entity shall distribute or operate a mechanical or electronic amusement device within the Township of Marlboro without having first obtained a license and paid the required license fee as set forth herein.
(1) 
No mechanical or electronic amusement device shall be placed, maintained, operated or used in any public or quasi-public place within the municipal limits of the Township without the distributor having first obtained a valid distributor's license and the proprietor or the owner-proprietor thereof having first obtained a valid operator's license as set forth herein.
(2) 
No distributor shall place any mechanical or electronic amusement device with any unlicensed operator, nor shall any operator receive any such device from any unlicensed distributor.
B. 
Exemptions. The license requirements of this article shall not apply to the Township of Marlboro or to any nonprofit organizations, such as civic, fraternal or vocational organizations.

§ 88-4 Fees.

The following fees shall be charged on an annual basis and are to be paid at the time that the application is received by the Business Administrator. The annual fee shall be paid to the Business Administrator on or before February 1 of each calendar year and shall continue to January 31 of the following year. In the case of an application for less than one year, the license fee shall be prorated by quarters, and the fee shall be paid for each quarter or fraction thereof during which the business will be conducted.
A. 
Distributors. Distributors shall be charged the following annual fees:
(1) 
Mechanical or electronic amusement devices: $50 per calendar year per distributor's license.
(2) 
Jukeboxes: $25 per calendar year per distributor's license.
B. 
Operators. Operators shall be charged the following fees for each device:
(1) 
Mechanical or electronic amusement devices: $100 for the first device at the operator's location per calendar year, and an additional $30 for each additional amusement device at the same location per calendar year.
(2) 
Jukeboxes: $50 per device per calendar year. Where, however, the operator's business is situated such that individual jukebox consoles are located on each or numerous table(s) within its premises, this fee shall only apply to the master unit.

§ 88-5 Application for license.

A. 
All applications for any license hereunder shall be made and delivered to the Business Administrator on forms to be supplied for said purpose and shall be subscribed and sworn to by the applicant, who must be at least 18 years of age.
B. 
The application for the license shall contain the following:
(1) 
The name and address of the applicant.
(2) 
The name and address of the owner of the premises, if different than Subsection B(1) above.
(3) 
The name of the place or establishment where the mechanical or electronic amusement device is to be operated and the location of the same (operator license).
(4) 
The hours during which the mechanical or electronic amusement device is to be operated.
(5) 
The number and type of alcoholic beverage license associated with Subsection B(3) above, where applicable (operator's license).
(6) 
The number (operator's license) and type (operator's or distributor's license) of mechanical or electronic amusement devices sought to be licensed.
(7) 
A description of each device sought to be licensed, including the name of manufacturer, model number and serial number (operator's license).
(8) 
The name and address of the person from whom each device is to be purchased, rented or otherwise obtained (operator's license).
(9) 
Information indicating whether the applicant has ever been convicted of any crime or found guilty of the violation of any ordinance pertaining to gambling or gaming.
(10) 
Any other information which the Township government may deem reasonably necessary and proper for the full protection of the interest of the patrons or the public.

§ 88-6 Inspection; issuance of license.

A. 
Upon receipt of the application, the Business Administrator shall refer the original application to the Chief of Police and copies thereof to the Zoning Officer, Code Enforcement Officer and Fire Official. Thereupon, the Chief of Police or his designee shall cause an investigation to be undertaken into the character, moral turpitude and fitness of the applicant and shall file an investigative report incorporating the findings made and recommendation thereon with the Business Administrator within 30 days of referral.
B. 
In the case of an application for an operator license, the Zoning Officer or Code Enforcement Officer may, during the said investigatorial period, make an investigation of the premises and of the applicant to determine the truth of the facts set forth in the application as well as compliance with all applicable code provisions. In addition, the Fire Official, or his designee, may inspect the premises to determine whether said premises comply with existing fire regulations of the Township. The Zoning Officer, Code Enforcement Officer and Fire Official may, upon completion of their inspections, attach to said application their reports thereon, in writing, and deliver the same to the Business Administrator within the same time period.
C. 
Upon receipt of said application and inspection reports, if any, the Business Administrator shall thereafter render a decision upon the application within 10 days. If the application is approved, the Business Administrator shall issue the license. Upon disapproval, the Business Administrator shall be directed to return the fee deposited with the application to the applicant, along with a written explanation as to the reasons for the denial. Upon completion, the Business Administrator shall file the application after making notation upon it of the action taken.
D. 
If approval for the license is granted, the Zoning Officer, Code Enforcement Officer and Fire Official may continue to make periodic inspections of the premises in which the licensed device(s) is/are located in order to assure compliance with all applicable code provisions.

§ 88-7 Number of devices permitted and location restrictions.

No more than two mechanical or electronic amusement devices shall be permitted to be licensed and operated for the first 3,000 square feet of any one place of business as calculated within the principal building wherein that business is conducted. A license may be issued for an additional one machine for every 1,000 square feet in excess of the first 3,000 square feet; provided, however, that no more than four machines shall be permitted at any one location unless the same is designated as an "amusement arcade," as defined in § 220-4 of this Code, and is permitted under the applicable zoning ordinance. Where more than one commercial use or industry is conducted in any one building or in attached buildings on the same property, the square footage for the purposes of this subsection shall be calculated on a per-use basis. Jukeboxes shall not be counted in the determination of the original two mechanical or electronic amusement devices.

§ 88-8 General regulations.

The following regulations shall apply to all mechanical or electronic amusement devices:
A. 
The premises upon which mechanical or electronic amusement devices are located shall be arranged so as to permit a clear view of each mechanical or electronic amusement device from the exterior at all times, subject to the following requirements:
(1) 
Each device shall be located at least 10 feet from the entranceway to the premises in which located 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.
(2) 
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, each machine shall have its own unobstructed perimeter zone.
(3) 
The licensee shall at all times control the sound so as not to cause disturbance or nuisances to others in the vicinity of the machine. The licensee shall at all times place the machine so that the part of the machine from which the sound emits shall not be within 10 feet of the front entrance of the place of business and shall not at any time place a jukebox or other music machine so that the sound is disturbing to the public in the streets or other persons occupying a building in the immediate vicinity.
B. 
No operation of any mechanical or electronic amusement devices shall be permitted between the hours of 2:00 a.m. and 7:00 a.m. Where such facility is located within 200 feet of any residential use or residential district, however, the hours of operation shall not be earlier than 7:00 a.m. nor later than 11:00 p.m. on Sundays through Thursdays and not later than 12:00 midnight on Fridays or Saturdays.
C. 
No operator shall knowingly permit any person convicted of a crime involving moral turpitude to be associated with him in the ownership or management of the business or to be in his employ or to loiter on the premises.
D. 
No operator shall offer or permit to be offered any prizes or awards, whether in cash or otherwise, as an inducement to use mechanical or electronic amusement devices, except for trophies, plaques or items of a similar nature of nominal value.
E. 
No operator shall permit any minor under 16 years of age, unaccompanied by a parent or guardian, to remain on the premises after 10:00 p.m.
F. 
No person under 16 years of age shall be permitted to play or operate any of the mechanical or electronic amusement devices licensed between the hours of 8:00 a.m. and 3:00 p.m. during regular school days unless that person is accompanied by his parent or guardian or other supervised adult over the age of 21 years of age. Any licensee governed by this article, or his agents, servants or employees, who shall permit a person under the age of 16 years of age to operate any machine or device during the prohibited hours shall be deemed to be guilty of a violation of this section and shall be subject to the penalty as established. In addition, every licensee under this section shall post on the licensed premises a notice setting forth the prohibition provided for as set forth above. Failure to post or maintain the posting of the notice shall be grounds for the revocation of the license granted or grounds for the refusal to renew or grant a license with the operation of any machines or devices as set forth in this article.
G. 
There shall be conspicuously displayed on the premises six inches in height a notice stating the prohibited hours of operation and the rules with regard to minors as set forth above.
H. 
No operator shall permit any activity which is illegal or immoral or which creates an undue amount of noise or a danger of a breach of the peace to occur on the premises.
I. 
During the hours of operation, the premises must be supervised at all times by at least one responsible adult individual, who shall be an employee of the owner or operator of the premises and who shall be responsible for the supervision, maintenance and operation of the premises. At least one such person shall be visibly present on the premises during all hours of operation.
J. 
No operator shall permit any person using a mechanical or electronic amusement device to operate the same for any gambling purpose prohibited by law. In the event that it is determined judicially or by admission of the operator that any mechanical or electronic amusement device is being operated as a gambling device, the machine may be confiscated and destroyed or sold at an auction, and the license of the operator may be revoked after a hearing.
K. 
Every mechanical or electronic amusement device required to be licensed under this article shall have permanently affixed thereto an individual identification number or serial number, which number shall not be transferable from one machine to another.

§ 88-9 Term, transferability and renewal of license.

A. 
All licenses issued under this article shall be for a term of one year, commencing on February 1 and expiring on January 31.
B. 
A license may be transferred from one machine to another by giving notice to the Business Administrator to that effect and giving a description of the new machine, including manufacturer, distributor, model number and serial number. The new machine shall be noted upon the original license issued. A license may be transferred from one place to another by giving notice to the Business Administrator to that effect and supplying the required information as to the new premises. The required notice shall set forth all information required under § 88-5 of this article.
C. 
A license shall be renewed by submission to the Business Administrator of an application pursuant to §§ 88-4 and 88-5 of this article not later than December 1.
D. 
Any objections to the renewal of a license shall be filed with the Business Administrator. All objections shall be in writing and signed by the individual or entity making the objection. A hearing on the objection to renewal shall be held prior to January 31 of the year of the application to renew. Notice of the hearing shall be published at least once in a newspaper circulating within the Township, not less than 10 days prior to the hearing. All hearings shall be conducted by the Township Council. If a majority of the Township Council determines that the operator has violated the terms and provisions of this article and that such violations are likely to continue, then the operator's license shall not be renewed. In rendering its decision, the Township Council shall set forth, in writing, its findings of fact, conclusions and reasons therefor. A copy of its decision shall be sent to the operator and person or persons who filed objections within 20 days of the hearing's conclusion. Any licensee shall be entitled to continue the operation of the licensed premises pending the decision of the Township Council.
E. 
Each operator shall submit a complete listing of all licensed devices within its premises to the Township Code Enforcement Officer twice annually as follows:
(1) 
At the time of license renewals; and
(2) 
On August 1 of each year.

§ 88-10 Display of license.

A. 
Each distributor licensee shall receive from the Business Administrator a license tag bearing the distributor's license number thereof, the year and any other pertinent information required by the Business Administrator. Such license tag shall be affixed to the device so licensed in such a manner as to be conspicuous and not transferable from one device to another.
B. 
Each operator licensee shall receive from the Business Administrator a license card which shall contain the names of the distributor and the operator, the address where the device(s) are placed, the model number and serial number for each and every mechanical or electronic amusement device for which said license was issued, the year, the signature of the Business Administrator and any other information deemed necessary and appropriate by the Business Administrator. Such license card shall be posted in a conspicuous place on the location for which the said license was granted.

§ 88-11 Hearing on granting, denial, suspension and/or revocation of license.

A. 
Appeal of Business Administrator's determination by Township Council. Any person aggrieved by a decision of the Business Administrator granting or denying a license under this article may file a written request for a hearing before the Township Council within 10 days after the issuance of such decision. The Township Council shall give notice of a public hearing upon the request to be held not more than 30 days after receipt of the request. At such hearing, the Township Council shall determine whether the action taken was in accordance with this article, and all persons interested shall be given an opportunity to be heard concerning same.
B. 
Suspension or revocation of license by Township Council.
(1) 
Once a license has been issued, the Township Council shall have the authority to suspend or revoke the license. This may be done only after a hearing, upon 10 days' written notice to the licensee, which shall specify the charges upon which the proposed license suspension or revocation is based. At such hearing, the licensee and his or her attorney may be present and submit evidence in his or her defense. If a majority of the Township Council determines that the licensee has violated the terms and provisions of this article or has performed any other act justifying the suspension or revocation of the license and that such violations are likely to continue, then the Council may order such suspension or revocation. If the license is revoked, the machine(s) may be confiscated and destroyed or sold at auction. In rendering its decision, the Township Council shall set forth, in writing, its findings of fact, conclusions and reasons therefor. A copy of its decision shall be sent to the operator within 20 days of the hearing's conclusion.
(2) 
A license may be suspended or revoked by the Township Council for any of the following reasons:
(a) 
A violation of any of the provisions of this article.
(b) 
False or incorrect material on the application or information furnished by the applicant.
(c) 
A failure to maintain good and safe conduct on the premises.
(d) 
A violation of the laws of the State of New Jersey or of other ordinances of the Township of Marlboro which, in the determination of the Township Council, justifies the revocation of the said license.
(e) 
The device(s) result in gambling, obscene and/or loud language disturbing to the public or to other patrons of the premises or adjacent buildings, creating of a nuisance, excessive noise, litter, traffic or rowdyism by the patrons.

§ 88-12 Violations and penalties.

Any person who violates any provision of this article shall, upon conviction thereof, be punished as provided in § 4-3 of the Code. Each day that a violation occurs or is committed shall constitute a separate offense.
[Adopted 2-2-2012 by Ord. No. 2012-2]

§ 88-13 Definitions.

As used in this article, the following terms shall have the meanings indicated:
GAME
A game or games played for amusement or entertainment, in which the person or player actively participates and the outcome of which is not in the control of the operator, and which is so conducted that the sale of a right to participate, the event which determines whether a player wins or loses and the award of the prize, all occur as a continuous sequence at the time when and place where the player or players are all present.
OPERATOR
Any person or entity in whose premises a mechanical or electronic amusement device is placed or kept for operation by the public.
PUBLIC OR QUASI-PUBLIC PLACE
Any building, store, marketplace, club, tavern, inn, cocktail lounge, restaurant, hotel or other premises wherein the public is expressly or impliedly invited or may enter.
RECOGNIZED AMUSEMENT PARK
A commercially operated, permanent business, open to the public at least 31 consecutive days annually, whose acreage is designed and themed for the primary purpose of providing participatory amusements, incorporating rides or water slides licensed in accordance with N.J.S.A. 5:3-1 et seq., and food and merchandise concessions in permanent structures, available for use by the general public.

§ 88-14 Designation of amusement and entertainment center.

It is hereby determined, decided and declared that there exists within the Township of Marlboro a recognized amusement park and entertainment area in accordance with the definition contained in § 88-13, located on 480 Route 9N, Marlboro, New Jersey, also known as Lot 113.01 in Block 299, as shown on the Official Tax Map of the Township of Marlboro, Monmouth County, New Jersey, which amusement park and entertainment center is to be known and designated as "Day 2 Night."

§ 88-15 License required to operate games.

It shall be unlawful for any person, firm or corporation to own, conduct or operate within this municipality any amusement game or games as said amusement game or games are defined by the Amusement Games Licensing Law, N.J.S.A. 5:8-100 et seq., as amended from time to time, and in § 88-13, Definitions, hereinabove, whether said amusement game or games are of skill or chance, or both, and whether said amusement game is played and operated with or without numbers, symbols, or figures without first having obtained a proper license from the Business Administrator of the Township of Marlboro. Said license shall be issued subject to the provisions of the Amusement Games Licensing Law and the Revised Amusement Games Regulations, effective April 11, 1966, promulgated by the Office of Amusement Games Control, Department of Law and Public Safety of the State of New Jersey.

§ 88-16 Application requirements.

A. 
Each applicant for such license shall file with the Business Administrator a written application in such form as prescribed by and in accordance with the Amusement Game Licensing Law, as amended from time to time. The annual fee for said license shall be $250, plus an additional fee of $10 per each machine over 50 machines. Said annual fee shall be payable without proration and shall accompany the license application. Said application shall contain the minimum information required by N.J.S.A. 5:8-102 and shall require the applicant to furnish information required by N.J.S.A. 5:8-103, as amended from time to time. Each application shall include proposed rules and regulations designed to govern conduct on the licensed premises and shall state the number and description of the games to be licensed.
B. 
Upon receipt of the application, the Business Administrator shall refer the original application to the Chief of Police and copies thereof to the Zoning Officer, Code Enforcement Officer and Fire Official. Thereupon, the Chief of Police or his designee shall cause an investigation to be undertaken into the character, moral turpitude and fitness of the applicant and shall file an investigative report incorporating the findings made and recommendation thereon with the Business Administrator within 30 days of referral.
C. 
In the case of an application for an operator license, the Zoning Officer or Code Enforcement Officer may, during the investigatorial period, make an investigation of the premises and of the applicant to determine the truth of the facts set forth in the application as well as compliance with all applicable code provisions. In addition, the Fire Official, or his designee, may inspect the premises to determine whether said premises comply with existing fire regulations of the Township. The Zoning Officer, Code Enforcement Officer and Fire Official may, upon completion of their inspections, attach to said application their reports thereon, in writing, and deliver the same to the Business Administrator within the same time period.
D. 
Upon receipt of said application and inspection reports, if any, the Business Administrator shall thereafter render a decision upon the application within 10 days. If the application is approved, the Business Administrator shall issue the license. Upon disapproval, the Business Administrator shall be directed to return the fee deposited with the application to the applicant, along with a written explanation as to the reasons for the denial. Upon completion, the Business Administrator shall file the application after making notation upon it of the action taken.
E. 
If approval for the license is granted, the Zoning Officer, Code Enforcement Officer and Fire Official may continue to make periodic inspections of the premises in which the licensed device(s) is/are located in order to assure compliance with all applicable code provisions.

§ 88-17 Issuance of license; certificate; display.

A. 
Upon proof of compliance with all applicable requirements, the Township Council shall authorize the issuance of a license, to be effective for not more than one year, by resolution, said license to be effective for a term of one year, commencing on the date of issuance and terminating on December 31 in each year. Said resolutions shall specifically recite that the premises to be licensed are located in a recognized amusement and entertainment center within the municipality. A certified copy of the resolution shall be transmitted, together with a copy of the application and license certificate issued to the Legalized Games of Chance Controls Commission. No license shall issue unless the applicant has complied with all of the requirements of N.J.S.A. 5:8-100 et seq. and N.J.A.C. 13:1-1.1 et seq., as amended from time to time.
B. 
Each license certificate shall be in the form prescribed by the Legalized Games of Chance Controls Commission and shall indicate the name of the licensee; the address of the licensed premises; the name or description of the kind of games licensed; the amount of fee paid; a statement of the hours between which such games may be conducted.
C. 
Each license shall be conspicuously displayed at the place where the game is to be conducted at all times during conduct thereof.
D. 
Each licensee shall notify the Township of any material change of any relevant fact regarding the license application within 10 days of the occurrence thereof.

§ 88-18 Hearing prior to refusal of license; amendments.

A. 
No application for the issuance of a license shall be refused by the Township Council until after a hearing is held on due notice to the applicant at which time the applicant shall be entitled to be heard upon the qualifications of the applicant and the merits of the application.
B. 
Any license issued under this article may be amended upon application made to the Township Council, if the subject matter of the proposed amendment could lawfully have been included in the original license.

§ 88-19 Control and supervision.

The Township Council shall have and exercise control and supervision over all amusement games operated or conducted under such license with all of the powers authorized and granted to it under the Amusement Games Licensing Law and all amendments and supplements thereto.

§ 88-20 Forfeiture of license for certain acts.

In the event any licensee shall violate any of the provisions of this article, the Amusement Games Licensing Law, the rules and regulations promulgated by the Legalized Games of Chance Controls Commission or the specific terms of the license, such licensee shall be a disorderly person and if convicted as such shall in addition to suffering any other penalties which may be imposed, suffer forfeiture, revocation or suspension of any license issued under this article.

§ 88-21 Violations and penalties.

Any person who violates any provision of this article shall, upon conviction thereof, in addition to the provisions of § 88-20 herein, be punished as provided in § 4-3 of the Code. Each day that a violation occurs or is committed shall constitute a separate offense.