[HISTORY: Adopted by the Township Committee of the Township of Manalapan 10-27-1993
by Ord. No. 93-30 as Ch. 58 of the 1993 Code. Amendments
noted where applicable.]
GENERAL REFERENCES
Licenses and permits — See Ch. 137.
As used in this chapter, the following terms shall have the meanings
indicated:
Any person who supplies any mechanical or electronic amusement device
to another for use in his place of business, whether under lease or any similar
arrangement.
Any machine which may be operated by the public for entertainment
or amusement, whether the machine is coin-operated or not, and whether or
not it registers scores or tallies. Examples of mechanical and electronic
amusement devices are pinball machines, bowling machines, mechanical grab
machines, Skee-Ball machines, pokerino machines, jukeboxes, video games, electronic
computer games and similar devices. This enumeration is intended to be typical
and shall not be construed as exclusive.
Any person in whose place of business any mechanical or electronic
amusement device is placed or kept for operation by the public.
[Amended 10-12-1994 by Ord. No. 94-18]
No person shall install, maintain or operate an amusement device within
the Township of Manalapan without having first obtained a license and paid
the required license fee. All licenses shall expire on the 31st day of December,
following the issuance of the license.
[Amended 10-12-1994 by Ord. No. 94-18]
Applicants shall supply the information required by § 137-2 of Chapter 137, Licenses and Permits. Applicants which are associations or partnerships shall supply the information required by § 137-2 of Chapter 137, Licenses and Permits, for all members of the association or partnership. Applicants which are corporations shall supply the information required by § 137-2 for all officers and directors and for all stockholders of the corporation who own more than 10% of the issued and outstanding capital stock. Corporations shall also supply the name and address of their registered agent. Applicants for licenses under this chapter shall not be required to be fingerprinted or to supply photographs required by § 137-2 but shall be required to supply a description of the machine sought to be licensed, together with its serial number.
[Amended 10-12-1994 by Ord. No. 94-18]
A license may be transferred from one machine to another, by giving
notice to the Code Enforcement Officer to that effect and giving a description
of the new machine, together with its serial number. A license may be transferred
from one place to another by giving notice to the Code Enforcement Officer
to that effect and supplying the required information as to the new premises
or location.
No mechanical amusement device shall be located in any premises within
500 feet of a church or other religious institution or a public or private
school. The distance shall be measured from the nearest entrance of the church
or school to the nearest entrance of the premises on which the mechanical
or electronic amusement device is located or is sought to be located along
the route that a pedestrian would normally walk.
The following regulations shall apply to all mechanical and electronic
amusement devices:
A.
The premises shall be so arranged as to permit a clear
view of the interior from the exterior at all times.
B.
No operator shall knowingly permit any person convicted
of a crime involving moral turpitude to be associated with him in the ownership
or management of the business or to be in his employ or to loiter on the premises.
C.
No operator shall offer or permit to be offered any prizes
or awards, whether in cash or otherwise, as an inducement to use mechanical
or electronic amusement devices except for trophies, plaques or items of a
similar nature of nominal value.
D.
No operator shall permit any minor under the age of 16
years unaccompanied by a parent or guardian to remain on the premises after
10:00 p.m.
E.
No operator shall permit any activity which is illegal
or immoral or which creates an undue amount of noise or a danger of a breath
of the peace to occur on the premises.
F.
Each mechanical or electronic amusement device shall
be located at least 10 feet from any entranceway or exit to the premises and
placed so that it does not obstruct or interfere with passage to and from
the premises by patrons or users of the premises.
G.
Each mechanical or electronic amusement device shall
have an unobstructed perimeter zone or distance of four feet around the sides
and front thereof, wherein the users of said device may use, watch or wait
to use said device, in a manner designed to promote safe passage and prevent
overcrowding. No perimeter zone of any device shall intrude upon the perimeter
zone of another device.
H.
In any location where a mechanical or electronic amusement
device is located there shall be an unencumbered aisle at least five feet
in width at all points from the front door to the rear exit. Aisles shall
be so arranged that there is not more than one turn to any exit from the premises.
I.
No mechanical or electronic amusement device shall be
in operation when other business activities on the premises are not being
conducted.
J.
No perimeter zone shall intrude upon any other activity
or business use function of the premises.
K.
As to any premises wherein 10 mechanical or electronic
amusement devices are located, an attendant shall be present for each 10 machines
for the purpose of overseeing the proper operation and policing of same. No
establishment containing 10 or more mechanical or electronic amusement devices
shall be located within 5,000 feet, measured in any direction, from any other
premises wherein mechanical or electronic amusement devices are permitted
and located.
Nothing in this chapter shall be construed to authorize any gambling
device of any kind whatsoever, including any device that dispenses any kind
of payoff or reward or any device that has been judicially determined to be
a gambling device under any law of the State of New Jersey. If the Code Enforcement
Officer has reason to believe any mechanical amusement device is used as a
gambling device, he shall cause that machine to be seized and impounded. If,
after trial, it is determined that the machine was in fact being used as a
gambling device, it shall be destroyed, and the license of the operator or
distributor shall be revoked. Revocation of license and seizure of machine
are in addition to any other penalty which may be imposed for a violation
of this chapter.
Any person who shall violate any of the provisions of this chapter shall,
upon conviction thereof, pay a fine in an amount not to exceed $500 or imprisonment
in the county jail for a term of not exceeding 90 days, or both, within the
discretion of the Judge. Each day that a violation shall continue shall be
considered and shall constitute a separate offense.
