No person shall have, keep, own, maintain or use within the limits of
the borough any billiard or pool rooms or bowling alleys as a business or
for profit of any kind unless a license is first obtained as hereinafter provided
in this Article.
Before any new license shall be granted for any such poolroom, billiard
room or bowling alley, the applicant for such license shall produce, in writing,
the written consent of all of the property owners within a radius of 200 feet
in each direction from such poolroom, billiard room or bowling alley.
Any person who violates any provision of this Article shall, upon conviction
thereof, be punished by a fine not exceeding $1,000 or by imprisonment for
a term not exceeding 90 days, or both.
[Adopted 12-15-81 as Ord. No. 819]
Unless it appears otherwise from the context of this Article, the following
words shall have the definitions set forth below:
AUTOMATIC AMUSEMENT GAME
Any machine or video display device, including types commonly known
as "bagatelle," "baseball," "pinball" or "electronic video games," or similar
machines or devices operated by the public generally for use as a game, entertainment
or amusement, whether or not registering a score, where such games, machines
or devuces are used in any public place, which machines become operational
upon insertion of a coin, slug, token, plate or disc.
LICENSE
That certificate or evidence of approval issued by the Borough of
Maywood in accordance with this Article.
PERSON
Any person, partnership, firm, corporation, association or business
entity.
This Article is designed to license, regulate and control automatic
amusement games which are operated by public establishments in the Borough
of Maywood so as to prevent nuisances to patrons and the public which may
arise from the use of such games. The nuisances sought to be avoided include
but are not limited to fire hazards, interference with ingress or egress on
premises where amusement games are located, violations of the gaming laws
of the state, loitering, shoplifting and trespassing.
No person shall maintain or operate an automatic amusement game without
first obtaining a license therefor as set forth in this Article. A separate
license shall be required for each automatic amusement game.
The license for each automatic amusement game shall be affixed to such
game in a conspicuous place so that it shall be easily and quickly identified.
The game shall not be operated until said license shall be affixed thereto
in accordance with this section.
The license issued pursuant to this Article shall attach to the premises,
and therefore may not be transferred from one location to another. However,
in the event that ownership of the premises shall be transferred or in the
event that the lessee operator of the premises shall change, the license shall
still be valid: provided, however, that the new owner or operator of the amusement
game shall not have been convicted of a violation of the gaming laws of the
State of New Jersey.
Any license issued under this Article may be revoked by the Mayor and
Council, after due notice and hearing, upon any of the following grounds:
A. Violation of the regulations set forth above.
B. Making of a false statement in the application for the
license.
C. Conviction of the applicant or transferee of the license
for any violation of the gaming laws of the State of New Jersey.
D. Where it appears that the operation of the automatic amusement device has created an identifiable public nuisance as defined by New Jersey law or local health ordinances or as enumerated in §
114-8 above.
Any person who violates any provision of this Article shall, upon conviction,
be punished by a fine not exceeding $1,000 or by imprisonment for a term not
exceeding 90 days, or both. For these purposes, each day of a continuing violation
shall constitute a separate offense, and each automatic amusement game operated
in violation hereof, located in any given establishment or premises, shall
constitute a separate offense.
The licensing provisions of this Article shall not apply to not-for-profit organizations within the borough which temporarily install automatic amusement games for a period of less than 30 days per year. However, regulations applying to the use of such games as herein set forth (§
114-13) shall apply to organizations which are otherwise exempt from the licensing requirements.