[HISTORY: Adopted by the Mayor and Council of the Borough of Rockaway 7-12-1979 by Ord. No. 22-79 (Ch. 5, Art IV, of the 1971 Code of Ordinances). Amendments noted where applicable.]
No person or persons, firm, association, club or corporation shall maintain, operate, conduct or pursue the business or occupation of keeping any public room or place wherein the games commonly known as "pool" or "billiards" are played without having first obtained a license therefor from the Borough Council of the Borough of Rockaway as hereinafter provided.
An application for a license shall be filed with the Borough Clerk on forms to be furnished by the Clerk, which forms shall require to be included the following information:
The name and address of the applicant.
In the case of a partnership, it shall state the names and addresses of all partners.
In the case of a corporation, it shall state the names and addresses of the officers, directors and all stockholders presently holding stock and all who, for six months prior to the making of said application, have been officers, directors or stockholders.
In the case of clubs or associations, it shall state the names and addresses of all officers.
Whether or not the person or persons named in the application have ever been convicted of a violation of any federal, state or municipal law involving moral turpitude.
The location of the premises to be licensed.
The number of pool tables and billiard tables to be located upon the premises to be licensed.
No person shall be granted a license for a pool- and billiard room who has been convicted of a crime involving moral turpitude or who shall fail to comply with the provisions of this chapter with respect to a complete statement of the ownership of said license or who shall have misrepresented in any material manner any of the facts set forth on the application for license.
All applications for license shall first be submitted to the Chief of Police of the Borough of Rockaway, who shall report to the Mayor and Council on the qualifications of the licensee. The Mayor and Council shall not act upon any license request unless and until the Chief of Police has endorsed his approval upon said application with respect to the accuracy of the facts submitted in said application, specifically the criminal record of any proposed licensee.
All licenses herein provided shall be issued by the Borough Clerk only after a resolution of the Borough Council of the Borough of Rockaway shall have been adopted approving said application and only after the payment of the license fee herein provided. All such licenses shall be valid from the first day of July of the year in which the license is issued until the 30th day of June next after the same is issued, unless sooner revoked. In the event that this chapter shall be enacted after the commencement of a license year, the first licenses issued will be issued from the effective date of this chapter through June 30 of the year following the effective date of this chapter. Thereafter, new licenses will be issued as stated herein.
Such license shall bear the date of issue, the name of the licensee, the purpose for which issued and the location of the room or building wherein the licensee is authorized to carry on and conduct any such business. Such license shall not be transferable by the holder to any other person or persons, firm, association, club or corporation, but such license may be transferred by the holder to another address, provided that the licensee shall make written application for such transfer to the Borough Clerk and such transfer is approved by resolution of the Borough Council of the Borough of Rockaway.
[Amended 11-14-1991 by Ord. No. 22-91]
The annual fees to be paid for such license are as provided in Chapter A263, Fees.
The Borough Council of the Borough of Rockaway may suspend or revoke the license of any licensee on any one or more of the following grounds:
Violation of any of the laws of the State of New Jersey upon the licensed premises by the licensee or its agents, servants, employees or representatives.
Violation of any ordinance of the Borough of Rockaway upon the licensed premises by the licensee or its agents, servants, employees or representatives.
If said license was procured by fraudulent conduct or false statement of a material fact or if a fact concerning the applicant was not disclosed at the time of filing the application, where such fact would have constituted just cause for refusing to issue said license.
Permitting or suffering any activity upon the licensed premises which is or may be detrimental to the public health, safety, welfare or morals.
In all such cases, written notice of the charge or charges and the time and place of hearing thereon shall be served on the licensee, either in person or by certified mail or registered mail addressed to the licensed premises. No revocation or suspension shall occur unless the licensee shall have been afforded an opportunity to be heard in his defense, to present witnesses, to have the right to cross-examine witnesses and to appear either in person or through his attorney.
In the event that any license is suspended or revoked, the licensee shall not be entitled to the return of any portion of the license fee.
Any premises which shall be declared to be unsafe by the written report of the Building Inspector, Construction Code Official, Health Officer, Fire Subcode Official or any other duly appointed official having jurisdiction over the construction, maintenance or occupancy of buildings shall be deemed to be ineligible for a license.
No license shall be issued for the operation of any pool- or billiard room which is located within 200 feet of any school or church.
No license shall be issued pursuant to this chapter for any premises which shall also be licensed to sell alcoholic beverages to the public either for consumption or distribution, including club licenses or any other licenses which may be authorized to be issued. Nothing contained in this chapter, however, shall require or prohibit the owner of any premises licensed within the Borough of Rockaway to sell for consumption or distribution alcoholic beverages from maintaining coin-operated pool or billiard tables, it being the intention of this chapter to exempt therefrom the licensing of such devices as pool or billiard tables. However, nothing contained in this chapter with respect to such coin-operated devices shall exempt said devices from regulation and control pursuant to any other ordinance of the Borough of Rockaway with respect to such coin-operated devices.
The hours of operation of such pool- or billiard rooms shall be the same hours as may be permitted by § 91-6 of the Code of the Borough of Rockaway as may from time to time be amended, it being intended that no pool- or billiard room shall be open during any hour in which alcoholic beverages shall be prohibited from being sold within the Borough of Rockaway.
[Amended 9-13-1979 by Ord. No. 27-79]
No person under the age of 13 years shall be admitted to or permitted to play pool or billiards in any licensed premises or to frequent or lounge or congregate or gather in such room or place unless accompanied by his or her parent or guardian.
Any licensee who shall allow the playing of cards or the throwing of dice, who shall allow persons to engage in any other game of chance or the like (whether for social purposes or otherwise) or who shall allow any form of gambling as defined by the New Jersey Statutes Annotated shall be deemed to have violated the provisions of his license and shall be subject to immediate prosecution and revocation of said license.
Any licensee shall maintain his premises so as to provide a method by which the interior of the licensed premises may be viewed from a public place or thoroughfare so that any conduct of persons utilizing the premises shall be visible to police officers who may be assigned to patrol the areas in which such pool- or billiard rooms are located. No pool- or billiard room shall be maintained on any floor of a building other than the street floor so that the interior may be viewed as previously stated.
This chapter shall not apply to any religious, charitable, benevolent or nonprofit association or corporation which operates or maintains any pool or billiard table solely for the recreation and amusement of its members, provided that such organization is bona fide in character and is not intended as a means or device for evading the terms and provisions of this chapter, nor shall this chapter apply to the keeping of any pool or billiard table in private residences. Any religious, charitable, benevolent or nonprofit association or corporation operating a pool or billiard table as aforementioned shall nevertheless be required to register said pool or billiard table with the Borough Clerk but shall be exempt from the licensing provision hereunder. The failure to register such pool or billiard table shall subject such organization to the penalties and sanctions herein provided.
[Amended 9-13-1979 by Ord. No. 27-79]
There shall be conspicuously posted and displayed in any premises licensed under this chapter:
The license issued pursuant to this chapter.
A copy of this chapter, which shall be supplied to the licensee by the Borough Clerk.
Not less than one sign giving notice that no person under the age of 13 years is permitted upon the licensed premises unless accompanied by his or her parent or guardian.
[Amended 11-14-1991 by Ord. No. 22-91; 8-24-2006 by Ord. No. 15-06]
Any person or persons, firm, association, club or corporation violating any of the provisions of this chapter shall, upon conviction thereof, be subject to a fine not less than $100 nor more than $2,000 and/or imprisonment for a term not exceeding 90 days or 90 days' community service, at the discretion of the Municipal Judge; and each day such violation shall be continued shall be deemed and taken to be a separate and distinct offense.