Township of Maplewood, NJ
Essex County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Committee of the Township of Maplewood 5-1-1979 by Ord. No. 1530. Section 83-5A amended at time of adoption of Code; see Ch. 1, General Provisions, Art. III. Other amendments noted where applicable.]
GENERAL REFERENCES
Fees — See Ch. 123.
Pool- and billiard rooms — See Ch. 201.
Zoning and land development — See Ch. 271.

§ 83-1 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
AMUSEMENT OR ENTERTAINMENT MACHINE OR DEVICE
Any machine, contrivance or device which, upon the insertion of a coin, slug, token, plate, disc or key into a slot, crevice or other opening or by the payment of any price, operates or may be operated by the public generally for use as a game, entertainment or amusement, whether or not registering a score, and shall include, without limitation, such devices as marble machines, pinball machines, skillball, mechanical games and operations or transactions similar thereto by whatever name they may be called, and shall also mean any pool or billiard table or any bowling alley.
DISTRIBUTOR
Any natural person, partnership, firm, association, corporation or any other business entity who or which leases, rents out or places under any kind of arrangement within the Township of Maplewood one or more music machines or devices or one or more amusement or entertainment machines or devices in a premises or in a location owned or controlled by another.
GROSS FLOOR AREA
The floor area within the inside walls of the building under consideration, with no deduction for hallways, stairs, closets or thickness of interior walls, columns or other features.
[Added 9-7-1982 by Ord. No. 1613]
LICENSED PREMISES
The entire premises, including, without limitation, all buildings, auxiliary buildings, structures, appurtenant structures, walks, alleys, drives and parking facilities owned or controlled by the operator and/or owner-operator.
MUSIC MACHINE OR DEVICE
Any music vending machine, contrivance or device which, upon the insertion of a coin, slug, token, plate, disc or key into a slot, crevice or other opening or by the payment of any price, operates or may be operated by the public generally for the emission of songs, music or similar amusement, and shall include, without limitation, what is commonly called a "jukebox."
NET FLOOR AREA
The ground floor area of the licensee's premises, less deductions for counter space areas, storage areas, shelving areas, aisle areas, bathrooms, areas of ingress and egress, office space and other areas which are not intended or held out for public use. The Construction Official shall determine the maximum number of square feet in each prospective licensed premises in accordance with this definition.
[Added 9-7-1982 by Ord. No. 1613]
OPERATOR
Any natural person, partnership, firm, association, corporation or any other business entity who or which owns or conducts a premises or a location within the Township of Maplewood in which any music machine or device or any amusement or entertainment machine or device is displayed for public patronage or is placed or kept for operation by the public.
OWNER-OPERATOR
Any natural person, partnership, firm, association, corporation or any other business entity who or which owns or controls a premises or a location within the Township of Maplewood in which any music machine or device or any amusement or entertainment machine or device which is owned by said natural person, partnership, firm, association, corporation or any other business entity is displayed for public patronage or is placed or kept for operation by the public.
PERSON
Any natural person, partnership, firm, association, corporation or other business entity.

§ 83-2 Distributor licenses.

A. 
No distributor of music machines or devices or amusement or entertainment machines or devices shall distribute to any person or to the owner, occupant, lessee or licensee of any premises in the Township of Maplewood, for the purpose of operation thereof, any music machine or device or any amusement or entertainment machine or device without first having obtained from the Township Clerk a license to so distribute.
B. 
Application for said license shall be made in duplicate and shall state the following:
(1) 
The name, date and place of birth, home address and business address, home telephone number and business telephone number of the applicant, and if the applicant is a partnership, firm, association, corporation or other business entity, the same information shall be supplied for each of the stockholders, officers and directors of the corporation or the partners, members or principals, except that if the corporation has on file with the Securities and Exchange Commission a registration statement in connection with the listing of any class of its stock on any stock exchange or the sale thereof to the general public, it shall apply such information for each of its officers and directors and each of the owners of 5% or more of any class of its stock.
(2) 
The name and address of the registered agent of the applicant or person upon whom service of process is authorized to be made.
(3) 
The name, date and place of birth, home address and home telephone number of the manager or other authorized agent of the applicant who shall be in charge of or conduct the business of the applicant within the Township of Maplewood.
(4) 
With respect to each person whose name is listed on the license application under Subsection B(1), (2) and (3) hereof, the fact of conviction, whether by or without jury or by plea, in any jurisdiction of an offense which under the laws of New Jersey is denominated a misdemeanor, a high misdemeanor or an offense involving moral turpitude, with a full disclosure of the nature of the offense, time and place of commission, legal proceedings in connection therewith and punishment. When any person whose name is listed on the license application under any section hereof because of the ownership of stock did not himself furnish the consideration for which the stock was purchased or issued, the same information required above as to such conviction for any such offense shall be disclosed with respect to the person actually furnishing such consideration.
(5) 
With respect to any person whose name is listed on the license application under any section hereof because of the ownership of stock of any class, there shall be filed with the application an affidavit under oath of the owner of said stock setting forth the name and address of the person or persons who actually furnished the consideration for which the stock was purchased or issued and stating that the affiant has read the license application and that the information contained therein is complete, accurate and truthful to the best of his knowledge and belief.
(6) 
The type, manufacturer, serial number and location of each music machine or device or amusement or entertainment machine or device to be distributed under the license applied for.
(7) 
The terms, conditions and arrangements, including, without limitation, all financial arrangements under which the applicant is to distribute music machines or devices or amusement or entertainment machines or devices within the Township of Maplewood. There shall be included a copy of all agreements and arrangements between the applicant and each operator with whom he proposes to do business. The application shall fully disclose all loans, pledges, mortgages, debts, demands, claims or other obligations between the applicant and each operator with whom he proposes to do business. Such disclosure shall be full and complete and shall not be limited to the distribution or operation of machines under this chapter. The Township Clerk shall require such additional information as may be necessary to fully and accurately advise him of the nature of the proposed business to be conducted under this chapter.
(8) 
If the applicant is a corporation, there shall be included a corporate resolution in proper form authorizing the execution of the license application on behalf of the corporation.
(9) 
The application shall contain a certification, under oath, made by the applicant that the information contained in the application and all attachments thereto is complete, accurate and truthful to the best of his knowledge and belief.
C. 
The applicant shall file with his application an agreement to maintain for the term of any license issued, and for five years thereafter, financial records prepared in accordance with a generally accepted accounting method and in sufficient detail to fully and accurately reflect each and every item of gross receipts, operating expenses and net profits. The applicant shall also file with his application a consent to produce and make available to any law enforcement agency on demand all his financial records.
D. 
The Township Clerk shall promptly forward a copy of the application and accompanying materials to the Chief of the Department of Police for investigation, review and report. Such report shall be sent to the Township Clerk, who in accordance with the standards and requirements set forth herein shall request the Township Committee to grant or refuse the license or to grant the license as to one or more but not all of the music machines or devices or amusement or entertainment machines or devices and refuse the license as to the rest. If the license is granted, the Township Clerk shall forthwith issue the license upon payment of the licensing fees. The Township Clerk shall ensure that:
(1) 
The license application and all attachments thereto are complete, accurate and truthful.
(2) 
Those persons whose names are required to be disclosed on the license application are all persons capable of owning, controlling and conducting the proposed business of distributing music machines or devices or amusement or entertainment machines or devices within the Township of Maplewood in a manner consistent with the public safety, good morals and general welfare of the community.
(3) 
All those persons whose names are required to be disclosed on the license application can reasonably be expected to own, control, manage or operate the proposed business in accordance with all applicable laws, ordinances, rules and regulations and free from any gambling and immoral or illegal conduct or activity and free of unnecessary and unwanted noise and commotion.
(4) 
No criminal element is in direct or indirect control or management of the business of the applicant.
(5) 
The granting of the application and issuance of the license thereunder will promote a fair competitive market for the distribution of the music machines or devices or amusement or entertainment machines or devices within the Township of Maplewood.
(6) 
The granting of the application and issuance of the license thereunder will not create an unwarranted burden on any law enforcement officer or agency.
(7) 
The applicant has properly executed all agreements and consents required by this chapter and has agreed to conduct his business in accordance with all requirements of this chapter and all other applicable laws, ordinances, rules and regulations.

§ 83-3 Owner-operator licenses.

A. 
No owner-operator of music machines or devices or amusement or entertainment machines or devices shall operate any music machine or device within the Township of Maplewood without first having obtained from the Township Clerk a license so to operate.
B. 
Application for said license shall be made in quadruplicate and shall state the following:
(1) 
The name, date and place of birth, home address and business address, home telephone number and business telephone number of the applicant and each of its stockholders, officers and directors and each partner, member or principal.
(2) 
The name and address of the registered agent of the applicant or person upon whom service of process is authorized to be made.
(3) 
The name, date and place of birth, home address and home telephone number of the manager or other authorized agent of the applicant who shall be in charge of or conduct the business of the applicant within the Township of Maplewood.
(4) 
With respect to each person whose name is listed on the license application under Subsection B(1), (2) and (3) hereof, the fact of conviction, whether by or without jury or by plea, in any jurisdiction of an offense which under the laws of New Jersey is denominated a misdemeanor, a high misdemeanor or an offense involving moral turpitude, with a full disclosure of the nature of the offense, time and place of commission, legal proceedings in connection therewith and punishment.
(5) 
The type, manufacture, serial number and precise location of each music machine or device or amusement or entertainment machine or device to be operated under the license applied for.
(6) 
If the applicant is a corporation, there shall be included a corporate resolution in proper form authorizing the execution of the license application on behalf of the corporation.
(7) 
The application shall contain a certification, under oath, made by the applicant that the information contained in the application and all attachments thereto is complete, accurate and truthful to the best of his knowledge and belief.
C. 
The provisions of Subsection B(1), with the exception of the disclosure of the home telephone number and business telephone number, and Subsection B(2), (3) and (4) do not apply to any person who is licensed for any purpose by the Municipal Board of Alcoholic Beverage Control.
D. 
The Township Clerk shall promptly forward a copy of the application and accompanying materials to the Chiefs of the Departments of Police, Fire and Health for investigation, review and report. Such reports shall be sent to the Township Clerk, who in accordance with the standards and requirements set forth herein may request the Township Committee to grant or refuse the license or to grant the license as to one or more but not all of the music machines or devices or amusement or entertainment machines or devices and refuse the license as to the rest. If the license is granted, the Township Clerk shall forthwith issue the license upon payment of the licensing fee. The Township Clerk shall ensure that:
(1) 
The license application and all attachments thereto are complete, accurate and truthful.
(2) 
Those persons whose names are required to be disclosed on the license application are all persons capable of owning, controlling and conducting the proposed business of owning and/or operating music machines or devices and amusement or entertainment machines or devices within the Township of Maplewood in a manner consistent with the public safety, good morals and general welfare of the community.
(3) 
All those persons whose names are required to be disclosed on the license application can reasonably be expected to own, control, manage or operate the proposed business in accordance with all applicable laws, ordinances, rules and regulations and free from any gambling, immoral or illegal conduct or activity and free from unnecessary and unwanted noise and commotion.
(4) 
No criminal element is in direct or indirect control or management of the business of the applicant.
(5) 
The granting of the application and issuance of the license thereunder will promote a fair competitive market for the operation of music machines or devices or amusement or entertainment machines or devices within the Township of Maplewood.
(6) 
The granting of the application and issuance of the license thereunder will not create an unwarranted burden on any law enforcement officer or agency.
(7) 
The applicant has properly executed all agreements and consents required by this chapter and has agreed to conduct his business in accordance with all requirements of this chapter and all other applicable laws, ordinances, rules and regulations.
E. 
No operator's license shall be granted hereunder unless the licensed premises shall meet all requirements of all fire regulations and the Housing, Building, Sanitary, Electrical and Plumbing Code of the Township of Maplewood.[1]
[1]
Editor's Note: See Ch. 93, Building Construction, Art. I.

§ 83-4 License restrictions.

A. 
No music machine or device or amusement or entertainment machine or device shall be permitted on any premises located within 200 feet of any church, school, park or playground.
B. 
The operator and/or owner-operator shall not permit, suffer or allow any person to bet or gamble in any form or manner on the licensed premises and shall prevent any immoral or illegal conduct or activity from occurring.
C. 
No person on the licensed premises shall have illegally in his possession or under his control or offer to another any habit-forming drug, nor shall the operator and/or owner-operator permit, suffer or allow such person on the licensed premises.
D. 
No operator and/or owner-operator shall permit, suffer or allow the unlawful sale or consumption of alcoholic beverages upon the licensed premises.
E. 
No operator and/or owner-operator shall permit the operation of any amusement or entertainment machine or device during the hours when the taverns in the Township of Maplewood are closed or between 2:00 a.m. and 9:00 a.m., whichever time period shall permit the longer operation of such machines, with the exception of Election Day when the operation of said machines or devices shall be permitted between the hours of 9:00 a.m. and 2:00 a.m., except Saturday and Sunday mornings, where the hours are 2:00 a.m. to 9:00 a.m.
F. 
No operator and/or owner-operator shall permit any person under 16 years of age to operate any amusement or entertainment machine or device unless such person shall be accompanied by his parent, legal guardian or adult member of his family. This subsection shall not apply to bowling alleys.
G. 
The operator and owner-operator shall at all times maintain good order upon the licensed premises and shall not permit, suffer or allow any disturbance, congestion or loitering upon the licensed premises.
H. 
No music machine or device or amusement or entertainment machine or device shall be operated in such a manner as to be heard out of doors.
I. 
No song shall be played or word spoken on any music machine or device which violates the obscenity law of New Jersey.
J. 
No music machine or device or amusement or entertainment machine or device shall be permitted to cause unnecessary and unwanted noise or commotion or otherwise interfere with the public health, welfare and morals.
K. 
No operator and/or owner-operator shall offer or permit to be offered any prize or other reward to any person playing any music machine or device or amusement or entertainment machine or device which is distributed or operated under this chapter.
L. 
No music machine or device or amusement or entertainment machine or device shall be located in a so-called "back room," nor in any part of the licensed premises which is not open to the general public.
M. 
No licensed premises shall be without adequate sanitary facilities or contain any fire, safety or health hazards.
N. 
No distributor and/or operator and/or owner-operator, nor any of his officers, directors, agents, servants or employees, shall by threats, promises or intimidation seek to control or direct the placement or removal of any music machine or device or amusement or entertainment machine or device from any premises or location within the Township of Maplewood, and any such threats, promises or intimidation shall be reported immediately to the Police Department and the Township Clerk.
O. 
No distributor and/or operator and/or owner-operator shall neglect or fail to report promptly to the Police Department and to the Township Clerk any violation of any law or ordinance occurring on the licensed premises, nor shall any distributor and/or operator and/or owner-operator neglect or fail to report promptly to the Township Clerk any conduct or activity prohibited by this chapter.
P. 
Each distributor shall maintain the financial records in the form, time and manner set forth in the consent and agreement filed with the license application.
Q. 
Each distributor and/or owner-operator shall promptly report, in writing, to the Township Clerk any change by addition or deletion of the information furnished on the license application and all material attached thereto, and this obligation shall be fully met during the term of any license or the renewal thereof.
R. 
No distributor and/or operator and/or owner-operator shall refuse to cooperate fully with the Township Clerk and any law enforcement officer or agency, nor shall such distributor and/or operator and/or owner-operator refuse to produce and make available all its financial records in accordance with the terms of the consent attached to the license application. No distributor and/or operator and/or owner-operator shall refuse access to its premises to the Township Clerk or to any member of the Departments of Police, Fire, Health and Housing or to any law enforcement officer or agency.
S. 
No distributor and/or operator and owner-operator shall place or maintain more than three amusement machines and two music machines on any licensed premises.
[Amended 8-19-1980 by Ord. No. 1562]
T. 
There shall be permitted not more than one amusement or entertainment machine or device as defined in this chapter for each 100 square feet of net floor area as the same is defined herein, provided that under no circumstances shall the number of machines be permitted which shall exceed 30% of the net floor area of the licensed premises, as defined in this chapter. The Construction Official shall determine the maximum number of square feet in each prospective licensed premises as set forth in this chapter and in accordance with the definition of net floor area as defined herein.
[Added 9-7-1982 by Ord. No. 1613]

§ 83-5 License fees; contents of licenses.

A. 
The annual licensing fees as provided in Chapter 123, Fees, shall be paid to the Township of Maplewood.[1]
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. III.
B. 
A distributor's license and an owner-operator's license, when issued, shall designate the number, type, manufacturer and serial number of the music machines or devices or amusement or entertainment machines or devices distributed or operated thereunder.
C. 
Each such license shall bear a number, and the number of the license shall be placed in some permanent way upon each music machine or device or amusement or entertainment machine or device distributed or operated under this chapter.
D. 
All license fees shall be paid to the Township of Maplewood prior to the issuance of the license, and all licenses shall expire on May 1 next succeeding the date of issuance.

§ 83-6 Posting of license; transfers.

A. 
Each distributor's and/or owner-operator's license shall be posted permanently and conspicuously in the licensed premises.
B. 
Any distributor's and/or owner-operator's license may be amended to evidence the transfer from one music machine or device or amusement or entertainment machine or device to another similar machine or device upon application to the Township Clerk, giving a description by type, manufacture and serial number of such other machine or device.
C. 
No distributor's and/or owner-operator's license shall be transferred from distributor to distributor or from owner-operator to owner-operator or from place to place within the Township of Maplewood without the same application, investigation and reports as required on a new application.
D. 
Any distributor's and/or owner-operator's license may be amended to evidence the transfer or replacement of a music machine or device or amusement or entertainment machine or device for another similar machine or device upon application to the Township Clerk, giving a description by type, manufacture and serial number of such other machine or device.
E. 
No distributor's license and/or owner-operator's license shall be transferred from person to person without the same application, investigations and reports as required on a new application. Any transfer singly or in the aggregate within any calendar year of 5% or more of any class of stock of a corporate distributor shall constitute such person-to-person transfer.

§ 83-7 Revocation of licenses.

Every license issued hereunder is subject to revocation by the Township Clerk should the licensed distributor and/or owner-operator distribute or operate any music machine or device or any amusement or entertainment machine or device contrary to the provisions of this chapter or any other law, ordinance, rule or regulation or fail to cooperate fully with any enforcement officer or agency. Any material misstatement or omission in the license application or in any information submitted therewith or the failure to notify, in writing, the Township Clerk of any changes by addition or deletion or amendment to said application or information during the term of any license or renewal shall constitute sufficient ground for revocation of said license. Such revocation shall be by the Township Clerk after a hearing. The licensee shall be given 10 days' notice of said hearing, and such notice shall state the ground therefor. At such hearing the licensee may submit relevant information in his own behalf.

§ 83-8 Machines and devices used for gambling.

If the Chief of the Police Department shall have probable cause to believe any music machine or device or any amusement or entertainment machine or device is used for gambling, such machine or device may be seized by the Police Department and impounded and may be considered as contraband by law.

§ 83-9 Exempt organizations.

The provisions of this chapter requiring an operator's license shall not apply to any church, fraternal or veterans organization or other religious, charitable or nonprofit organization which operates any music machine or device or amusement or entertainment machine or device exclusively for the use of its members and the guests of such members and on premises owned or controlled by it.

§ 83-10 Premises containing more than eight devices.

[Added 10-5-1982 by Ord. No. 1617]
A license for more than eight devices for any one location shall not be issued unless:
A. 
The applicant provides one uniformed security guard for eight or more devices and two such guards for 25 or more devices. Said guards shall be on the premises at all times during hours of operation. Such guards are to be of adult age, to have no substantial duties other than to act as security guards and to be clothed in a manner clearly intended to identify the individual or individuals as security guards.
B. 
The applicant provides a bicycle rack to hold at least 10 bicycles, which shall be located so as not to cause a safety hazard.

§ 83-11 Violations and penalties.

[Added 5-4-1999 by Ord. No. 2098-99]
Any person who violates any provisions of this chapter shall be subject to a penalty not to exceed $1,000 and shall be subject to imprisonment for a period not to exceed six months for each violation.