[HISTORY: Adopted by the Township Council
of the Township of Marlboro as indicated in article histories. Amendments
noted where applicable.]
[Adopted 7-15-1993 by Ord. No. 7-93 (Ch. 43 of the 1981 Code)]
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.
As used in this article, the following terms
shall have the meanings indicated:
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.
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.
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,
excluding amusement devices regulated by the State of New Jersey.
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.
[Amended 4-23-2020 by Ord. No. 2020-4]
Any person or entity in whose premises a mechanical or electronic
amusement device is placed or kept for operation by the public.
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.
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.
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.
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.
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.
(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.
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.
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.
[Amended 4-23-2020 by Ord. No. 2020-4]
The following regulations shall apply to all
mechanical or electronic amusement devices which are not regulated
by the State of New Jersey:
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.
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.
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.
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.
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.
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; amended in its entirety 4-23-2020 by Ord. No. 2020-4]
As used in this article, the following terms shall have the
meanings indicated, and shall house one or more devices regulated
by the State of New Jersey:
The operation of electronic amusement devices in commercial
establishments that contain no more than three such devices.
A commercial establishment that houses four or more electronic
amusement devices.
Any machine, contrivance or device which, upon the payment
of any price, in any form, operates or may be operated by the public
generally.
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.
A place where a single player may play any one of a number
of machines or devices, upon payment of a fee, to attempt to obtain
a prize or tickets or tokens redeemable for a prize, or to attempt
to attain a score or result upon the basis of which a prize, ticket
or token is awarded.
An amusement offered through an electronic device that allows
a player to participate in a game of skill or chance through interaction
with the device (N.J.S.A. 5:8-101).
A game or amusement which is authorized under the provisions
of the Amusement Games Licensing Law.[1]
Any person or entity who owns, leases, rents, or operates
any premises on or at which any automatic, mechanical, electronic
amusement machine or device is kept, placed or exhibited for use or
operation by the public.
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.
An amusement utilizing a tangible object such as a ball,
puck or other portable object either alone or in competition with
other on-premises guest, or requiring the exertion of physical, aerobic
activity, such as dancing, climbing, running, or jumping rope; or
any amusement that is predominantly skill-based and can be played
either alone or in competition with other on-premises guests (N.J.S.A
5:8-101).
[1]
Editor's Note: See N.J.S.A. 5:8-100 et seq.
The Amusement Games Licensing Law, N.J.S.A. 5:8-100 et seq.,
and such regulations as promulgated under Chapter 3, Office of Amusement
Games Control, N.J.A.C. 13:3-1.1 et seq. are by this reference hereby
incorporated as provisions of this article, as fully as if they were
herein at length set out, it being the intention of the Township Council
that any violation of such sections by a licensee shall be a violation
not only of the Amusement Games Licensing Law but also of this article
and that any duties of a licensee as set out in such sections are
duties of a licensee under both the Amusement Games Licensing Laws
and this section.
It is hereby determined, decided and declared that there exist zones within the Township of Marlboro for use as indoor recreational activities in Zone C-3 (Community Commercial District), Zone LI (Light Industrial Zone District) and Zone IOR (Industrial Office Research District) for amusement parks, arcades and entertainment areas in accordance with the definition contained in § 88-13, and subject to the restrictions in § 88-15.1.
No more than 25 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. 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.
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 state-issued license. Said license shall be issued subject to the provisions of the Amusement Games Licensing Law and the Revised Amusement Games Regulations,[1] effective April 11, 1966, promulgated by the Office of
Amusement Games Control, Department of Law and Public Safety of the
State of New Jersey.
[1]
Editor's Note: See N.J.A.C. 13:3-1.1 et seq.
A.
Written application. Each applicant for such license shall file with
the municipal clerk of the municipality a written application in the
form as prescribed by the Amusement Games Control Commissioner, duly
executed and verified, in which shall be stated the name and address
of the applicant, together with sufficient facts relating to is incorporation
and organization, if the applicant be a corporation or organization;
the specific kind of amusement games intended to be held, operated
and conducted by the applicant, the place or places where the period,
term, date or dates and the time or times when such amusement games
are intended to be conducted by the applicant, under the license applied
for; and that no prize or prizes will be offered and given under said
license except of merchandise only and same that no prize or prizes
will be offered and given under said license except of merchandise
only and same shall be of a value not in excess of the sum or value
authorized to be offered and given by this act and such other information
as shall be prescribed by the Amusement Games Control Commissioner.
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.
B.
State-issued license. Every such municipal license so issued shall
be inoperative unless the licensee named therein shall also, within
90 days from the issuance thereof and prior to the conduct or operation
of amusement games thereunder, procure a state license authorizing
the licensee holding the municipal license to operate and conduct
certain games according to the terms of such municipal license. The
said state license shall be issued by the State Amusement Games Control
Commissioner, if all conditions, terms and requirements of this act
and of said rules and regulations have been fully met and complied.
C.
License fees.
(1)
State fees: As a condition of granting any such state license the
applicant shall pay to the State Amusement Games Control Commissioner
an annual fee of $250. An applicant who is the owner of an arcade
shall pay an additional $10 fee per each machine over 50 machines.
If the municipal license authorizes the licensee to conduct and operate
games at more than one place or of more than one specific kind of
game than the applicant holding a state license shall pay the annual
fee of $250 for each place and each specific type of game. Said annual
fee shall be payable without proration and shall accompany the license
application.
(2)
Municipal fees:
(a)
Permissible Amusement Games Certification No. 1. Throw games
wherein a single player upon payment of fee is furnished a number
of balls, hoops, darts or other objects, or uses his own coins to
be hand thrown, rolled or propelled at, into, or upon targets, with
prizes awarded according to results achieved, generally known as a
basketball game, dart game, coin pitch game, roll down game, bushel
basket ball toss game and such similar games: $500 per license. In
this category, there shall be only one game per license.
(b)
Permissible Amusement Games Certification No. 2. Arcade games
wherein a single player upon payment of fee is permitted to play a
machine or device to obtain a prize or attain to score upon the basis
of which a prize is awarded, generally known as a crane machine, skeeball,
wacky gator, rotary merchandiser, silver ski's coin pusher, hoop
shoot and such similar games, including electronic games: $500 for
the first 50 player positions and an additional $10 for each player
position thereafter.
(c)
Permissible Amusement Games Certification No. 3. Games wherein
a single player upon payment of fee is permitted to make a blind selection
of one object from a number of objects, the object selected being
the prize won or indicating the prize won, generally known as duck
pond game, fish pond game, grab-bag game and pick-the-stick game,
and such similar games: $500 per license. In this category, there
shall be only one game per license.
(d)
Permissible Amusement Games Certification No. 4. Competitive
games wherein several players upon payment of fee are permitted to
compete against each other for a prize to be awarded to the player
who first achieves the required result, generally known as bowlo game,
fascination game, greyhound game, skilo game, throw fascination game,
and water gun game, and such similar games: $500 per license up to
100 seats; 100 to 200 seats, $1,000; 201 to 350 seats, $1,500; over
350 seats, $2,000.
(e)
Permissible Amusement Games Certification No. 5. A game incorporating
a laydown board marked in segments bearing numbers, names or symbols
whereon the player or players place the entry fee as an indication
of choice of expected winner: $500 per license. In this category,
there shall be only one game per license.
(f)
Permissible Amusement Games Certification No. 6. Guessing games
wherein in a single player upon payment of fee is entitled to win
a prize in the event that the operator is unable to guess, within
announced limits, the weight or age of the player, generally known
as guess your weight game and guess your age game: $500 per game.
In this category, there shall be only one game per license.
(g)
Permissible Amusement Games Certification No. 7. A game wherein
a single player upon payment of fee is entitled to win a prize in
the event that within a permitted number of tries he rings a bell
or gong a required number of times by striking with a maul one end
of a horizontal level arm the other end of which propels a weight
upward along a vertical wire at the top of which the bell or gong
is located, generally known as ring the bell game or high striker
game: $500 per game. In this category, there shall be only one game
per license.
(h)
Permissible Amusement Games Certification No. 8. Miscellaneous
skill games wherein a single player upon payment of a fee is entitled
to use a physical skill to attain a predetermined goal for which a
prize is awarded, generally known as log roll and rope climb, and
such similar games: $500 per game. In this category, there shall be
only one game per license.
(i)
Permissible Amusement Games Certification No. 9. A game of chance
incorporating a laydown board marked in segments bearing numbers,
names or symbols whereon the player or players place the entry fee
as an indication of the choice of expected winner, which is determined
by a nonelectrical and nonmechanical device, set in motion by a player
or players, coming to rest, generally known as pan game, crazy ball
and crazy block: $500 per game. In this category, there shall be only
one game per license.
(3)
In the event of denial or withdrawal of the application, or in the
event of the denial or withdrawal of the application for the State
License filed with the Legalized Games of Chance Control Commission
pursuant to N.J.A.C. 13:3-2, 25% of the total municipal fee paid shall
be retained by the Township as and for an investigation fee, and the
remainder of the fee, shall be refunded to the applicant.
D.
Term of license. All licenses shall be issued on a calendar-year
basis, with a maximum from January 1 to December 31 of the year within
which the license is to be operative (N.J.A.C. 13:3-1.9).
E.
Investigatory period.
(1)
Upon receipt of the application, the Municipal Clerk shall refer
a copy of the 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 Municipal Clerk
within 30 days of referral.
(2)
Upon receipt of the completed and satisfactory police investigation
report and Zoning Officer, Code Enforcement and Fire Official inspection
reports, the Municipal Clerk shall request that the Township Council
of the Township of Marlboro adopt a resolution approving the application.
After the adoption of the resolution, the Municipal Clerk shall file
the application, police investigation reports, incorporation papers
and annual fee and additional fees, if applicable, to the Director
of the Legalized Games Chance Control Commission (LGCCC).
(3)
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.
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.
Amusement parks, arcades and entertainment centers shall not
be operated 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. 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.
No operable machine or device shall be located in any part of
the licensed premises which is not open to the general public.
A.
All applications shall be either approved or denied in accordance
with the provisions of N.J.S.A. 5:8-100 et seq.
B.
No application for the issuance of a license shall by refused by
the Township Council until after a hearing is held on due notice to
the applicant, at which the applicant shall be entitle to be heard
up the qualifications of the applicant and the merits of the application
(N.J.S.A. 5:8-104).
C.
Any license issued under this article many be amended upon adoption
of a resolution by the Township Council of the Township of Marlboro.
Only if the subject matter of the proposed amendment could lawfully
have been included in the original license.
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[1] and all amendments and supplements thereto.
[1]
Editor's Note: See N.J.A.C. 13:3-1.1 et seq.
In the event any licensee shall violate any of the provisions
of this article, the Amusement Games Licensing Law,[1] 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.
[1]
Editor's Note: See N.J.A.C. 13:3-1.1 et seq.
