[HISTORY: Adopted by the Township Council of the Township of Evesham
5-17-1983 by Ord. No. 19-4-83. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings
indicated:
Any place or premises wherein three or more automatic amusement machines
or devices are maintained for use and operation by the public.
Any machine which, upon the insertion of a coin, slug, token, plate
or disc, even though remotely controlled, may be operated by the public generally
for use as a game, entertainment or amusement, whether or not registering
a score, including but not limited to such devices as marble machines, pinball
machines, skill ball, mechanical grab machines and all games, operations or
transactions similar thereto under whatever name by which they may be indicated.
It shall include coin-operated video machines or games or similar devices
that use a display screen for points, lines and dots of light that can be
manipulated to simulate games or other types of entertainment. This chapter
shall also apply to music-playing devices, and with respect to machines awarding
prizes, shall only apply to machines awarding prizes or tokens or tickets
to redeem for prizes that are not based upon any particular score, skill or
result. The same prize or number of tokens or tickets is awarded for each
play regardless of the score achieved.
[Amended 10-21-1997 by Ord.
No. 28-10-97]
Any person who supplies any automatic amusement device to another
for use in his premises, whether under lease or any similar arrangement.
Any person in whose premises any automatic amusement device is placed
or kept for operation.
Any person, firm, corporation, partnership or association.
Any building, store or other place wherein the public is invited
or wherein the public may enter, including premises used as a clubhouse or
a clubroom by members of any organization.
A.
The purpose of this chapter is to license, regulate and
control those automatic amusement devices which are operated for the purpose
of making a profit.
B.
The objective of this chapter is to regulate the business
of automatic amusement devices so as to prevent nuisances to patrons and the
public, fire hazards from overcrowding, promotion of gambling, loitering or
the creation of an unhealthy atmosphere for the youth of the community or
other foreseeable undesirable effects of such devices.
A.
All applications for a license under this chapter shall
be made and delivered to the office of the Township Clerk on forms to be supplied
for the purpose and shall be subscribed and sworn to by the applicant.
B.
The application for the license shall contain the following:
(1)
The name and address of the applicant.
(2)
The name under which the place is being operated and
the location of the same.
(4)
The number and type of machines sought to be licensed.
(5)
Two copies of the site plan, showing where each automatic
amusement device is to be located, which shall be of at least a scale of 1/4
inch equals one foot.
(6)
The name and address of the person from whom each device
is to be purchased, rented or otherwise obtained.
(7)
Description of each automatic amusement device sought
to be licensed, including, for each device, the name of the manufacturer,
model number and serial number.
(8)
Information indicating whether the distributor, the applicant
or any person connected with the operation of the place wherein the device
is to be installed has ever been convicted of any crime or found guilty of
the violation of any ordinance pertaining to gambling or gaming.
(9)
Any other information which the Construction Official,
Police Chief or subcode officials may deem reasonably necessary and proper
for the full protection of the interest of the patrons or the public in the
application.
No person shall install, place, maintain, operate or possess, in any
store, place of business, building or public or quasi-public place wherein
the public is invited or may enter, any automatic amusement device within
the limits of the Township of Evesham without first applying for and obtaining
a license therefor for each and every automatic amusement device to be installed.
A.
The provisions of this chapter shall not apply to any
church, fraternal or veterans' organizations or other religious groups, charitable
or nonprofit organizations which operate any coin-operated amusement device
for the use of their members and their guests on premises owned or controlled
by them.
B.
No license shall be issued to any person under 18 years
of age.
C.
No portion of this chapter shall apply to an individual
operating any type of amusement device or vending machine whose operation
is confined to that individual's private dwelling and is not for profit.
The Chief of Police or his designee may make an investigation of the
applicant to determine the truth of the facts set forth in the application.
The Construction Official, subcode officials or their designees may inspect
the premises to determine whether said premises complies with existing building
regulations of the Township of Evesham. The Chief of Police and the Construction
Official may, upon completion of their inspection, attach to said application
their reports therein in writing. Upon receipt of said application and inspection
reports, if any, the Township Clerk, if the application is approved, shall
issue the necessary license upon the receipt of the license fee or fees as
herein provided.
For each automatic amusement device covered by this chapter, the license
fee shall be $100 per year.
A.
Commencing March 31, 1991, all licenses shall expire
on March 31 of each year. For licenses expiring prior to March 31, 1991, any
renewal shall be for that portion of the year which ends on March 31, 1991,
and the fee shall be a pro rata portion of the normal yearly fee. If an amount
in excess of said pro rata portion shall have already been paid, the amount
of the excess shall be refunded. For those licenses which shall expire after
March 31, 1991, any renewal shall be for that portion of the yearly term which
ends on March 31, 1992, and the fee shall be a pro rata portion of the normal
yearly fee. For those licenses which are issued initially at some time other
than April 1, the license fee shall be a pro rata portion of the normal yearly
license fee.
[Amended 5-15-1990 by Ord.
No. 18-5-90]
B.
A license may be transferred from one machine to another
by giving notice to the Township Clerk to that effect and giving a description
of the new machine, including manufacturer, model number and serial number.
A.
The devices to be used under the license(s) shall be
so arranged as to permit a clear view of the interior room or rooms involved
from an area outside of the room. For example, the amusement device area may
be viewed by an interior opening or window giving a view to the amusement
device room.
[Amended 5-4-1993 by Ord.
No. 32-5-93]
B.
No operation of the devices shall be permitted between
the hours of 11:00 p.m. to 9:00 a.m., Sunday through Thursday, and 1:00 a.m.
to 9:00 a.m., Friday through Saturday.
[Amended 5-4-1993 by Ord.
No. 32-5-93]
C.
No operator shall knowingly permit any person convicted
of a crime to be associated with him in the management of the business or
to be an employee or to loiter on the premises.
D.
No operator shall offer or permit to be offered any prizes
or awards, whether cash or otherwise, as an inducement to use said machines.
E.
No operator shall permit any juvenile under the age of 18 years, unaccompanied by a parent, to remain on the premises contrary to the provisions of Chapter 63, Curfew.
[Amended 5-4-1993 by Ord.
No. 32-5-93]
F.
An automatic amusement device may only be used or operated
during the hours of operation of the premises in which it is located and when
the operator or an employee of the operator is present on the premises.
All licenses issued under this chapter shall be deemed to be granted
upon the express condition that, in addition to any other sanction or penalty,
the Township Council may, after due notice by personal service or certified
mail and after due hearing, suspend or revoke the license of any person for
violating any provision of this chapter or for other good cause, including:
An operator's license granted pursuant to this chapter shall:
Any person who violates any provision of this chapter shall, upon conviction
thereof, be punished by a fine not exceeding $500 or by imprisonment for a
term not exceeding 90 days, or both. Each day that a violation occurs or is
committed shall constitute a separate offense.
