[Adopted 7-25-1977 (§ 7-5 of the
Revised General Ordinances), as amended through Ord. No. O-92-32]
No person shall install, maintain, operate or
possess in any building where business is conducted or other place
wherein the public is invited or where the public may enter or in
any building or place where any club or organization meetings are
held within the Township, any amusement, game and/or machine of the
type commonly known and designated as pinball, electric crane, bagatelle,
baseball, console, cathode ray tube game machines, jukeboxes, video
games and any other machines similar to the above or otherwise operated
by the insertion of coins or tokens received in exchange of consideration,
except merchandise vending machines without first obtaining a license.
This section shall not apply to coin-operated amusements commonly
known as kiddie rides; more specifically, those coin-operated machines
which are sat upon or in and cause a certain motion or gyration following
the insertion of a coin, and are designed primarily for use by children
under the age of 10, nor to carousel or merry-go-round type operations.
The annual license fee for each amusement game or machine and music machines (jukeboxes) shall be as provided in Chapter 150, Fees.
Upon receipt of the application, the Clerk shall
refer it to the Code Official who shall inspect the premises and the
type of machine. Upon completion of his inspection and investigation,
the Code Official shall attach to the application his written report
stating the nature and type of machine, the place and time it is to
be operated or maintained, the name of the proprietor of the store
in which the same is to be operated, the name and address of the owner
of the particular machine and such other information as the Code Official
may deem pertinent. In addition the Code Official shall state his
approval or disapproval and the reasons therefor.
A separate application with the recommendation
of the Code Official shall be submitted to the Township Committee
for approval or disapproval. Upon approval, the Clerk shall issue
the license. Upon disapproval, the Clerk shall be directed to return
the fee deposited with the application to the applicant and shall
file the application after making notation upon it of the action taken.
A.
Not more than two machines or devices shall be licensed
or operated for the first 20,000 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 10,000 square feet in excess of the first 20,000 square
feet. In a building or any portion thereof occupied by a nonprofit
corporation and used primarily for nonprofit purposes, the number
of machines or devices shall not exceed three for every 5,000 square
feet. Music machines (jukeboxes) shall not be counted in the determination
of the original two machines and/or devices.
B.
The licensee shall at all times control the sound
so as not to cause disturbance or nuisance 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 five feet of the front entrance of the place of business
and shall not at any time place a music machine so that the sound
is disturbing to the public in the streets or to other persons occupying
buildings in the immediate vicinity.
The licensee may substitute one machine for
a similar machine without paying an additional license fee, provided
that he first applies to the Township Clerk for permission to make
the exchange and supply all of the information required for the original
application. The new machine shall be described in the application
and noted upon the original license issued. In the event of application
to substitute, the Township Committee may delegate authority to the
Township Clerk to issue the permit for substitution.
A.
The person operating the place of business where a
machine is located shall be responsible for the proper operation thereof
regardless of whether or not he is the actual owner of the machine
or has rented it; but this shall not in any way release the actual
owner of the machine or device from liability or responsibility for
compliance with this article and all other laws and ordinances.
B.
No person under the age of 16 years shall be permitted
to play or operate any of the games or machines licensed prior to
3:00 p.m. on any day on which school is in session, as established
by the Freehold Regional High School District unless that person is
accompanied by his parent or legal guardian.
C.
Shooting galleries where guns or firearms are used,
for a consideration or prize or otherwise, shall not be licensed or
permitted within the limits of the Township.
A.
In addition to the causes specified in § 195-9 of Chapter 195, Licensing, the Township Committee may revoke the license issued at any time if the machine or device is causing a nuisance or disturbance of the peace or a condition which the Township Committee may deem to be detrimental to the welfare of the community.
B.
The Township Committee shall be the sole judge as
to whether or not a machine is causing an annoyance to others, and
upon its finding that the machine does disturb others in the neighborhood,
shall have the authority to revoke the license by resolution. In the
event that a license is revoked, the Township Committee shall return
a proportionate share of the license fee to the licensee. [1]
Notwithstanding any provision of this section
to the contrary, the following provisions shall apply to the application
of this article to enclosed shopping malls:
A.
For the purposes of this section, an enclosed shopping
mall shall be defined as a structure consisting of 20 or more separate
retail establishments connected by an enclosed common area, with a
total floor area of not less than 500,000 square feet.
B.
There shall be permitted in enclosed shopping malls not more than one machine for each 10,000 square feet of floor space of the enclosed shopping mall as calculated within the principal structure which comprises the mall, together with interior common areas. The placing of licensed machines shall be limited to one separate and contained location within the enclosed shopping mall, except as permitted by Subsection E below. The ratio of floor space within such separate location to the number of machines shall not exceed one machine per 20 square feet. No other amusement machines or devices, whether or not controlled by this section, shall be permitted in any other location within the enclosed shopping mall, except as permitted by Subsection E below.
C.
Any separate and contained location as referred to in Subsection B above, which contains 10 or more licensed machines shall be supervised during all hours of operation by having such supervisor personally in attendance at the location.
E.
In addition to the placing of licensed machines in one separate and contained location as required by Subsection B above, up to four kiddie rides as described in § 75-8 above may be located at one other location in the interior common area of the mall, provided that the machines are compatible in size, color scheme and design and are clustered under a common canopy type cover and in such a manner as to give the appearance of a uniform ride area. Such single location shall be within an area that provides sufficient space for the unhindered flow of pedestrian traffic, near an outside entrance to the mall and as otherwise approved by the Township Fire Official.
[Added 11-28-2006 by Ord. No. O-06-41[1]]
Notwithstanding any provision of this section to the contrary, the following provisions shall apply to the application of this article to family-style restaurants permitted as a conditional use in Chapter 190 § 190-212B.
A.
There shall be permitted in family-style restaurants
children's entertainment areas including video games. The placing
of video or other electronic amusement machines and other children
entertainment uses within the children's entertainment area shall
be limited to one separate and contained location within the restaurant
building.
B.
Video interactive devices shall be permitted in family-style
restaurants provided that not more than one video interactive device
shall be permitted at any table within the restaurant.
