[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.]
As used in this chapter, the following terms shall have the meanings
indicated:
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.
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.
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]
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.
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."
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]
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.
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.
Any natural person, partnership, firm, association, corporation or
other business entity.
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.
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.
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.
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]
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.
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.
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.
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.
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.
[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.
[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.
