[HISTORY: Adopted by the Township Council
of the Township of Medford 6-15-1981 by Ord. No. 1981-16. Amendments noted
where applicable.]
[Amended 8-2-1983 by Ord. No. 1983-16]
It is hereby declared unlawful for any person
or persons, firm, association, corporation or other entity to own,
possess, operate, or cause or permit to be operated, within the Township
of Medford, any pinball machine, slot machine or other automatic or
mechanical device or game of chance without having first applied for
and obtained from the said Township of Medford a license to so own,
operate or possess said machine for the calendar year in which said
license is granted.
A.Â
Any person, firm, association, corporation or other entity owning, possessing or operating, or causing to own, possess or operate, any such machine or device as set forth in § 39-1 hereof, shall make written application to the Clerk of the Township of Medford, setting forth the nature and description of such machine or device, by whom the same is owned, by whom and where the same is possessed and to be operated and such other and further information as may be required by the township. No application fee shall be charged for an application for an amusement device license pursuant to this chapter.
[Amended 8-2-1983 by Ord. No. 1983-16; 2-18-2020 by Ord. No. 2020-2]
B.Â
If an application is made by any person, firm, association,
corporation or other entity other than the record owner of the lands
and premises in or on which the amusement machines are to be located,
the record owner of said lands and premises must also sign the application
and acknowledge that said owner has read this chapter and agrees to
be subject to and comply with all of the conditions and requirements
hereof.
[Added 6-1-1982 by Ord. No. 1982-12]
A.Â
The Township Council shall be the issuing authority
for all licenses for amusement machines, video machines, pinball machines,
jukeboxes and other machines dispensing music, and all similar machines
not dispensing products and providing amusement by means of the insertion
of a coin, token or similar object.[1]
B.Â
The issuance of any said licenses for amusement machines
shall be wholly optional and in the discretion of the Township Council.
C.Â
Any license granted for amusement machines shall be
subject to such conditions as may be designated by the Township Council
in the resolution granting said license, including but not limited
to the following:
[Amended 6-1-1982 by Ord. No. 1982-12; 2-18-2020 by Ord. No. 2020-2]
(1)Â
The Township Council shall approve the hours of operation
during which the amusement devices can be used, as a condition of
said license.
(2)Â
Any amusement device for which a license is issued
pursuant to this chapter shall be deemed to be a permitted use if
the location in which the amusement machine is licensed, but only
if located in the Township Highway Management, Highway Commercial,
Restricted Commercial and Community Commercial Zoning Districts.
(3)Â
No license can be issued hereunder for an amusement
device or machine prohibited from being licensed pursuant to the New
Jersey Amusement Games Licensing Law, N.J.S.A. 5:8-100, and the regulations
adopted by the New Jersey Office of Amusement Games Control, N.J.A.C.
13:3-1 et seq.
A.Â
Any license issued pursuant to this chapter shall
be for a term of the balance of the calendar year in which the license
is issued. All such licenses must be renewed annually no later than
the first day of February in each calendar year. Any license granted
pursuant to this chapter shall not be transferable and cannot be transferred
or moved to any other site or for any other owner without reapplication
to the township. The Township Clerk shall have the authority to renew
any licenses for amusement machines which have previously been reviewed
and granted by the Township Council if the location of the machines,
number of machines and all other application standards of said amusement
machines have not changed and there have been no complaints or enforcement
actions taken against the licensee in the year preceding the renewal
request; otherwise, said renewal application shall be processed to
and reviewed by the Township Council for action.
[Amended 6-1-1982 by Ord. No. 1982-12]
B.Â
The Township Council shall be the sole authority for
revocation of any licenses granted pursuant to this chapter. By establishing
the standards set forth in this chapter, the township has expressed
its concern for the health, safety and welfare of the residents of
Medford Township with regard to the licensing and use of amusement
machines and devices. Any applicant granted licenses pursuant to this
chapter shall certify by signature on the application or resolution
granting said application that the granting of the licenses herein
is solely in the discretion of the township and that said licenses
can or will be revoked at any time and without notice, or not renewed,
in the event that the terms and conditions imposed by this chapter
or by any resolution granting said licenses are violated.
[Amended 8-2-1983 by Ord. No. 1983-16]
C.Â
In the event of a revocation of any license pursuant
to this chapter, the Chief of Police shall serve a copy of the resolution
revoking said license on the applicant at applicant's site or by certified
mail, return receipt requested. Upon such service, any further use
of said machines shall be deemed in violation of this chapter and
applicant shall be subject to the penalties set forth herein.
[Amended 8-2-1983 by Ord. No. 1983-16]
The fees to be charged for any license issued pursuant to this chapter shall be as set out in Chapter 71, Fees and Licenses. No license shall be granted for less than the one applicable annual license fee, and no rebate shall be granted to any applicant after said license has been issued.
The granting of the licenses pursuant to this
chapter is expressly subject to any conditions or approvals required
by the Planning and/or Zoning Boards of Medford Township pursuant
to the Medford Development Ordinance,[1] including site plan or related approvals. The granting
of said licenses is further expressly conditioned and contingent upon
any additional requirements or conditions imposed by said Boards pursuant
to said approvals by way of landscaping, parking, etc.
[1]
Editor's Note: See Ch. 160, Land Use and Development.
Any person, firm, corporation or other entity
convicted of a violation of this chapter or any section thereof shall
be punished by a fine not to exceed $500 or a term of imprisonment
not to exceed 90 days, or both, in the discretion of the sentencing
court.