Township of Livingston, NJ
Essex County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Council of the Township of Livingston 11-5-1979 as §§ 5-37 to 5-49 of the 1979 Revised General Ordinances. Amendments noted where applicable.]
[Amended by Ord. No. 2-1983]
As used in this chapter, the following terms shall have the meanings indicated:
AMUSEMENT 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, is operated 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 "pong" or other types of electronically operated game devices, skillball, mechanical games, operations or transactions similar thereto, by whatever name they may be called, and shall not include pool or billiard tables.
JUKEBOX
Any machine or device which, upon the insertion of a coin, slug, token, plate or disc, may be operated by the public generally for the emission of songs or music.
PERSON
The individual, firm, corporation or association who or which operates or conducts the business at which such amusement device or jukebox is displayed for operation by the public generally.
[Amended by Ord. No. 2-1982]
A. 
Amusement devices are only permitted in the Township of Livingston as regulated in Chapter 170, Land Use, of the Code of the Livingston Township, provided that no person shall display for operation by the public generally any amusement device or jukebox without first having obtained a license therefor, as provided in this chapter, and upon payment of the license fee hereinafter prescribed.
B. 
Nothing in this chapter shall in any way be construed to authorize, license or permit any gambling device, or any mechanism that has been judicially determined to be a gambling device, or in any way contrary to law.
[Amended by Ord. No. 23-1980; Ord. No. 2-1983]
A. 
Application for a license shall be made to the Township Clerk upon a form to be supplied by him for that purpose.
B. 
Said application shall state:
(1) 
Name and address of the applicant and, if an individual, his age, date and place of birth.
(2) 
If the applicant is a partnership, the name, address, age, date and place of birth of each partner.
(3) 
If the applicant is a corporation, the name, address, age, date and place of birth of the officers and directors of the corporation and of the owners, either directly or indirectly, of 10% or more of the capital stock of such corporation.
(4) 
Any conviction of a crime involving moral turpitude or any conviction of any law or ordinance involving gambling; this shall apply to every individual named in the application.
(5) 
Address of the premises where the amusement device or jukebox is to be displayed for operation and a brief description of the business conducted on the premises.
(6) 
Brief description of the type of the device or jukebox to be covered by the license, including its mechanical or electrical features and the name of the manufacturer of the device or jukebox.
[Amended by Ord. No. 2-1983]
No license shall be issued to:
A. 
Any person under the age of 18 years.
B. 
Any individual who has been convicted of a crime involving moral turpitude or conviction of any law or ordinance involving gambling.
C. 
Any partnership applicant or to a corporate applicant unless all of the partners, or, in the case of a corporation, all of the officers, directors, and individuals owning 10% or more of the capital stock of the corporation, would qualify as individual licensees.
A. 
All applications for licenses shall be filed in duplicate with the Township Clerk who shall promptly forward a copy to the Manager for submission to the Chief of Police.
B. 
The Chief of Police, or a member of the Police Department designated by him, shall:
(1) 
Investigate the premises wherein it is proposed to display the amusement device or jukebox;
(2) 
Ascertain whether any of the individuals named in the application have ever been convicted of a crime involving moral turpitude or convicted of any law or ordinance involving gambling; and
(3) 
Upon completion of his investigation, file a report in writing with the Manager for submission to the Council.
C. 
The Council shall either disapprove the application or approve it by authorizing the issuance of the license by the Township Clerk.
[Amended by Ord. No. 25-1981]
A. 
Before being granted a license, the applicant shall pay an annual license fee of $250 for each amusement device, except pinball machines for which the fee shall be $300, and an annual license fee of $50 for each jukebox listed in the application. The fees are imposed for revenue to be used for the general purpose of the Township. In the case of a new application, the fee for such new license shall be prorated according to the effective date of such license, but in no event shall be less than $175 if such application pertains to an amusement device, except $150 for pinball machines, or $25 if such application pertains to a jukebox.
B. 
No refund shall be made of any portion of a license fee after issuance of a license, except that if a licensee shall voluntarily surrender his license, there shall be returned to him, after deducting, as a surrender fee, 50% of the license fee paid by him, the prorated fee for the unexpired term; provided, however, that such licensee shall not have committed any violation of this chapter or done anything which, in the fair discretion of the Council, should bar or preclude such licensee from making such claim for refund.
C. 
All licenses shall be issued in the name of the applicant and shall expire on December 31 of each year.
[Amended by Ord. No. 2-1982]
A separate license shall be required for each amusement device and each jukebox.
[Amended by Ord. No. 23-1980]
A. 
A license may be transferred from one amusement device to the same type of amusement device or from one type of jukebox to the same type of jukebox without any application to transfer and without the payment of any fee.
B. 
A license may be transferred from one type of amusement device or jukebox to another type of amusement device or jukebox upon application for such transfer to be filed with the Township Clerk. The application shall provide new information to be set forth as provided in § 64-3B of this chapter. Upon approval of the transfer by the Council, the Township Clerk shall issue a new license upon the payment of a transfer fee of $10.
C. 
A license shall not be transferable from person to person nor place to place. The license shall be usable only by the licensee at the place designated in the license.
The license shall be posted permanently and conspicuously at the location of the amusement device or jukebox in the premises where the same is displayed for operation.
[Amended by Ord. No. 2-1982; Ord. No. 5-1990]
A. 
No licensee shall give, offer to give or permit the giving of any form of payoff in connection with the operation of any amusement device or jukebox, including but not limited to giving a premium, prize, money, drink, free game or any other thing of value in connection with the operation thereof.
B. 
No person shall use or permit the use of any amusement device for the purpose of gambling.
C. 
Amusement devices commonly known as "pinball machines" may be permitted only in taverns and as a conditional use in the D-S Designed Shopping Center District.
A. 
Every license issued pursuant to this chapter is subject to the right of the Council to suspend or revoke the license for any of the following causes:
(1) 
The violation by the licensee or any director, officer, partner, agent or employee of the licensee of any of the provisions of this chapter.
(2) 
The violation by the licensee or any director, officer, partner, agent or employee of the licensee of any law involving moral turpitude or any law or ordinance involving gambling.
(3) 
Fraud, misrepresentation, false statements, misleading statements, evasions or suppression of material facts in the securing of a license.
(4) 
The misstatement, knowingly made, of any material fact contained in the application.
B. 
No suspension or revocation of a license shall be made until a ten-day notice of the charges preferred against the licensee shall have been given to him personally or by mailing the same by certified mail addressed to the licensee at the licensed premises. Said notice shall also specify the time and place for a hearing by the Council on said charges. At the hearing, the licensee may appear in person or by attorney and present and submit evidence or witnesses in his defense.
Nothing herein contained shall be construed to require any bona fide veterans, charitable, educational, religious or fraternal organization, civic or service club, volunteer fire company or first aid or rescue squad to obtain a license or pay a fee in order to display an amusement device or jukebox for operation by its members only at premises owned and occupied by it.
Any licensee, or any director, officer, partner, agent or employee of same, 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. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.