[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:
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.
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.
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.
