[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:
A.
The name and address of the applicant.
B.
In the case of a partnership, it shall state the names
and addresses of all partners.
C.
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.
D.
In the case of clubs or associations, it shall state
the names and addresses of all officers.
E.
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.
F.
The location of the premises to be licensed.
G.
The number of pool tables and billiard tables to be located
upon the premises to be licensed.
A.
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.
B.
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.
C.
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.
A.
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:
(1)
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.
(2)
Violation of any ordinance of the Borough of Rockaway
upon the licensed premises by the licensee or its agents, servants, employees
or representatives.
(3)
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.
(4)
Permitting or suffering any activity upon the licensed
premises which is or may be detrimental to the public health, safety, welfare
or morals.
B.
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:
A.
The license issued pursuant to this chapter.
B.
A copy of this chapter, which shall be supplied to the
licensee by the Borough Clerk.
C.
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.
