[HISTORY: Adopted by the Township Committee of the Township of Lumberton 1-18-1982 as Ord. No. 1982-1 (part of Ch. V of the 1973 Code). Amendments noted where applicable.]
This chapter is enacted for the purposes of raising revenue and for the regulation and control of amusement parlors and to regulate and control the use of amusement machines and devices in the township.
As used in this chapter, words and phrases shall have the following meanings:
- AMUSEMENT PARLOR
- Any place or premises wherein five or more coin-operated amusement machines or devices are maintained for use and operation by the public.
- COIN-OPERATED AMUSEMENT MACHINE OR DEVICE
- Any machine or contrivance operated by coin, token or device of any nature whatsoever, used and operated by persons for amusement purposes. This shall include but not be limited to all machines commonly known and designated as "bagatelle," "baseball," "pinball" or any other game or skill or table game, and shall also include all automatic or semiautomatic photographic machines, voice or music recording machines or such machines which reproduce photographs or motion pictures and any machine or electric device which is used as a test of strength; this shall also include machines which deliver to the player any card or cards of printed material or photograph of any nature whatsoever and also all music boxes or other machines or devices coin-operated or of an automatic or semi-automatic nature which reproduces music.
No person shall operate an amusement parlor or install, operate, maintain, use or have in his possession or display or permit to be displayed in any public or quasi-public place or in any building, store or any other place wherein the public is invited or may enter within the township any coin-operated amusement machine or device without a license first obtained as hereinafter provided.
Applications for licenses for amusement parlors shall be filed with the Township Clerk/Administrator on forms to be furnished by the Clerk/ Administrator. The application shall provide the following information:
The name of the applicant.
The present residence of the applicant and how long he has resided at the present residence.
The date and place of birth of the applicant.
The location of the premises to be licensed and also a description of the premises to be licensed.
The number of machines to be licensed. If the applicant is not the owner of the amusement machines or devices, then the name and address of that owner or any person who has a security interest or any interest whatsoever in the devices shall be provided.
Whether or not the applicant owns the premises where the business is to be operated and, if not, the name and address of the owner.
If the applicant is a corporation, the names and addresses of the officers and stockholders owning more than 10% of the corporate stock and the name and address of the registered agent.
Whether or not the person making application or any of his employees or, where the applicant is a corporation, whether or not any of the officers or stockholders have ever been convicted for a crime or a violation of any municipal ordinance or regulation and the nature thereof. No license shall be granted hereunder for any premises where the applicant or any officer or stockholder of an applicant corporation has been convicted of a crime, a disorderly person's offense or a violation of a township ordinance involving gambling; provided that the Township Committee may, in its discretion, grant the license when such conviction has preceded the date of the application by five years or more or, upon application by the applicant for the removal of the disqualification, the Township Committee may, in its discretion, grant a license hereunder.
The names of any persons who shall have a financial interest in the business.
The names of the persons to be employed in the business.
The name and address or an individual who shall serve as an agent for service of process or any other notice on the licensee.
An application fee of $500 shall accompany the application. The application fee shall be applied toward the annual fee if the application is granted. If the application is denied or withdrawn, the application fee will be returned less administrative costs of $50 for processing.
Annual license fees shall be as follows:
To operate an amusement parlor: $1,500.
No license shall be issued unless the prescribed license fees have been paid. No license fee shall be prorated or transferred.
All licenses for the operation of an amusement parlor and for individual amusement machines and devices shall be granted by the Township Committee and issued by the Township Clerk/Administrator.
The annual license fee for the operation of an amusement parlor and the fees for licenses issued for the other items set forth in § 96-4 shall expire December 31 of the year in which issued, unless suspended or revoked. The license shall be renewed and reissued annually by the Township Clerk/Administrator effective January 1 of each year after payment of the required fees to the Clerk/Administrator.
The license, when issued, shall be posted and conspicuously displayed in the place of business of the applicant.
The license to operate an amusement parlor shall not be transferable from place to place or to another person and the ownership of the amusement parlor may not be changed or modified in any manner until proper application shall be made as heretofore provided for an original issuance, and shall be granted only on the written consent of the Township Committee.
All applications shall provide a schematic diagram of the structure housing the devices or machines and the specific area containing the devices or machines, indicating the location of the devices or machines, the access, egress and aisles to the area containing the devices or machines and any obstruction to pedestrian access and movement in and about the structure. Said diagram must conform to the requirements of the State Uniform Fire Code.
No place of business for which a license is granted under this chapter shall open before 9:00 a.m. Each place of business shall be closed at 10:00 p.m.
Such amusement machines and devices shall be licensed for amusement purposes only, and no such machine or device shall be used in connection with gaming, lottery, the unlawful awarding of prizes, whether cash, merchandise or tokens, or any other unlawful activity.
The owner and/or operator shall not allow loitering in or about his premises, nor shall he allow the amplification of music so as to disturb adjacent property owners or the public.
Where the amusement parlor is or has an attendant use, such as a restaurant or other commercial establishment, the amusement parlor must be structurally segregated from that other use so as to allow for the enforcement of the loitering, hours and other provisions of this chapter.
Any store, restaurant or commercial establishment wherein the public is invited which is not subject to the terms and conditions of this chapter because it is not an "amusement parlor," as herein defined, but which maintains on its premises four or fewer amusement machines or devices, as herein defined, shall also obtain a license therefor. In addition to the amusement machines or devices, such establishment may maintain one jukebox or music machine.
No amusement machine or device shall be installed by any store, restaurant or commercial establishment pursuant to this chapter within five feet of the door of any designated exitway.
License fees for such machines shall be as set forth in § 96-5. No license fee whatsoever shall be required for coin-operated riding amusements designated for use by young children of the age of 12 and under, including but not limited to the children's ride machines commonly found at or near food markets and general shopping areas.
The Township Committee shall have the power to revoke any license when the licensee is found guilty of a crime involving gambling or of violating any municipal ordinance or regulation involving gambling or when the licensee violates any other law or regulation pertaining to the operation of the premises or the provisions of this chapter or any other ordinance of the township. If the Township Committee has reason to believe that there are grounds upon which to revoke any such license, it shall cause a notice to be served, in writing, upon the licensee, the person in charge of the licensed amusement parlor or the agent designated in § 96-11, requiring an appearance before the Township Committee at such time and place as it shall designate, to show cause why the license should not be revoked. Such notice shall be served at least 10 days prior to the date set for a hearing, and the licensee shall be afforded a hearing before the Township Committee prior to the final revocation of his license. Violations of any provisions of this section are also subject to the jurisdiction of the Lumberton Township Municipal Court.
Maximum penalty. For violation of any provisions of this chapter, the maximum penalty, upon conviction, shall be a fine not exceeding $1,000 or imprisonment in the county jail for a term not exceeding 90 days or a period of community service not exceeding 90 days, or such combination of punishments as the Municipal Judge may, in his or her discretion, deem appropriate and just.
Separate violations. Each and every day in which a violation of any provision of this chapter exists shall constitute a separate violation.
Application. The maximum penalty stated in this section is not intended to state an appropriate penalty for each and every violation. Any lesser penalty, including a nominal penalty or no penalty at all, may be appropriate for a particular case or violation, except in those instances where state law mandates a minimum penalty to be imposed.
Minimum penalty. There shall be a minimum penalty of a fine fixed at an amount not exceeding $100.