Township of Upper Deerfield, NJ
Cumberland County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Committee of the Township of Deerfield as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Curfew — See Ch. 151.
Games of chance — See Ch. 227.
Loitering; peace and good order — See Ch. 259.
[Adopted 5-2-1974 by Ord. No. 137 (Ch. 35, Art. I, of the 1977 Township Code)]
As used in this article, the following terms shall have the meanings indicated:
PERSON
Includes a firm, corporation or any other applicant.
No person shall conduct a circus, carnival, traveling carnival, fair, rodeo or similar public exhibition within the Township of Upper Deerfield without first obtaining a license and paying a license fee therefor.
[Amended 6-2-1977 by Ord. No. 168]
No person owning, occupying or having possession or control of any lot or tract of land in the Township of Upper Deerfield shall suffer or permit the same to be used for the purpose of holding any such circus, carnival, traveling carnival, fair, rodeo or similar public exhibition unless a license therefor has first been obtained pursuant to this article.
A written application for a license as required by this article shall be made to the Township Clerk, which application shall contain the following information:
A. 
Name and address of the applicant, who shall be the licensee.
B. 
The date or dates and hours during which the exhibit or other activity will be held or conducted.
C. 
A description of the exhibition to be licensed.
D. 
The location of the land upon which the exhibition is to be held or conducted.
E. 
The names and addresses of all concessionaires, if any.
F. 
A description of off-street parking and sanitary facilities which will be available for use on the licensed premises at the time such exhibition or other activity is to be conducted.
G. 
A certification, accompanied by appropriate evidence, that the applicant has made provision for adequate public liability insurance and also for workmen's compensation insurance pursuant to N.J.S.A. 40:52-1.1, and any supplements or amendments thereof, and any other applicable statutes of the State of New Jersey.
The Township Clerk shall cause to be made an investigation of each application to determine the business responsibility and moral character of the applicant and his employees and concessionaires, if any, and to determine the ability of the applicant to properly conduct the licensed activity in a safe manner with due regard for protection of the public. The investigation shall also determine if there is adequate off-street parking and sanitary facilities for use and whether the activity to be licensed can be conducted without undue interference of vehicular or pedestrian traffic and without endangering public health or safety.
The report of the investigation required under this article shall be forthwith made to the Township Committee, which shall thereafter approve or disapprove the application within a reasonable time. Upon approval of the application by the Township Committee and the payment of the required license fee, the Township Clerk shall thereupon issue the license, which shall be valid only on the date or dates and during the hours set forth in the application.
The fee for any license issued under this article shall be $25 for each day that the activity is to be conducted. Religious, charitable, fraternal and similar nonprofit organizations conducting activities licensed under this article in order to raise money for charity or some other public purpose or for the entertainment or recreation of the residents of this Township shall not be required to pay any fee, but such organizations shall comply with all other provisions of this article.
No exhibition or activity requiring a license under the terms of this article, except an activity of a strictly religious nature, shall be held or conducted on Sunday.
Any license issued hereunder shall not be transferable to any other person or from place to place.
Any license issued hereunder may be revoked by the Township Committee after reasonable notice and hearing for any fraud, misrepresentation or dishonesty in the application or in the conduct of the licensed activity, or for a violation of any of the provisions of this article, or for the conduct by the licensee or his agents, employees and concessionaires in an unlawful manner or in any manner that constitutes a breach of the peace or a menace to public health, safety or general welfare.
The duties and responsibilities of the Township Clerk under the terms of this article may be delegated to any other person or Township official designated by resolution of the Township Committee.
Any person violating any of the provisions hereof shall, upon conviction, be subject to a penalty either by imprisonment for not more than 90 days or by a fine not exceeding $500, or both, in the discretion of the court. Each and every day any violation continues shall be considered a separate offense, punishable by a like fine or penalty.
[Adopted 11-4-1976 by Ord. No. 156 (Ch. 35, Art. II, of the 1977 Township Code)]
[Amended 11-5-1981 by Ord. No. 237]
No person, partnership or corporation shall use any building or premises or part thereof wherein are located any mechanical or electronic amusement devices or machines commonly known as "pinball or baseball games," "bowling alleys," "shooting galleries," "mechanical grabbing machines," "billiard or pool tables," "video machines" or any device or game similar thereto, whether operated by the insertion of a coin or slug or otherwise, whether or not a prize is offered and whether or not operated by mechanical, electrical or electro-mechanical means, without first obtaining a license for each such building or premises, as hereinafter provided. The term "mechanical amusement device" shall not include mechanical devices commonly known as "jukeboxes" and shall not include mechanical riding machines intended for the use and entertainment of children.
A written application for a license as required by this article shall be made to the Township Clerk on forms to be supplied by the municipality, and each application shall contain the following information:
A. 
Name and address of the applicant.
B. 
Legal identity of applicant, indicating whether applicant is a person, partnership, corporation or other legal entity.
C. 
If applicant is a person, the age, date of birth, place of birth and citizenship of applicant.
D. 
If applicant is a partnership, the name, address, date and place of birth, age and citizenship of each of the partners.
E. 
If applicant is a corporation, the names, addresses and citizenship, ages, dates and places of birth of all officers of the corporation.
F. 
If applicant is an agent in charge of the premises where any mechanical amusement device is located, the name, address, age, date and place of birth and citizenship of such agent.
G. 
Whether or not the applicant or any person named in the application as a partner, corporate officer or agent has previously been convicted of violation of any law or ordinance and, if so, the date and nature of such conviction shall be stated.
H. 
The place or location to be licensed and a description of the machines or device to be displayed or operated therein.
Upon receipt of an application and payment of the prescribed license fee, the Township Committee shall cause to be made an investigation as to the correctness of the statements contained in the application and as to other relevant matters to determine the effect of the operation of the licensed premises upon the peace, health, safety and general welfare of the inhabitants of the municipality, and a report thereon shall be made to the Township Committee within 45 days after such application is made.
When an application has been made and fee paid as aforesaid and a report made thereon to the Township Committee, as provided herein, the Township Committee shall consider said report and make such further investigation as it may deem advisable and may grant said application or deny the same if the Committee concludes that the granting thereof would have an adverse effect upon the health, safety, peace and general welfare of the inhabitants of the municipality.
Unless the applicant consents to a longer period of time, the Township Committee shall act upon each application within 75 days after such application is made to the Township Clerk, and if no action is taken within such time, the application shall be deemed to be denied.
Any license issued under this article may be approved with conditions limiting the number of devices or restricting or prohibiting devices of a certain type or requiring or disapproving certain lighting systems or sound-amplifying systems, and the Township Committee may impose further conditions of like nature, and violation of any such conditions shall subject the licensee to the penalties provided in this article.
The Township Committee, in its discretion, may require the applicant for a license under this article to obtain public liability and property damage insurance in such reasonable amount as shall be approved by the Township Committee when it is deemed necessary or advisable for the protection of the general public and to save harmless the municipality for injury to persons or property resulting from the use of the licensed premises or any default by the licensee. Such policy of insurance shall be approved as to form by the Township Attorney and shall be filed with the Township Clerk before the license is issued.
The number of devices used in or upon the licensed premises shall not be increased beyond the number specified under the terms of the license granted, and no new device may be substituted or exchanged for a different type of device, provided that a licensee without limitation may substitute a newer device for an older device of the same type or design.
[Amended 12-7-2000 by Ord. No. 506]
All licenses granted under this article shall expire on December 31 of the calendar year for which such license was issued. Each such license shall be renewed the subsequent year beginning January 1 and in no case later than January 31. After January 31 a late fee of $25 shall be assessed in addition to the renewal fee.
No license issued under this article may be transferred from one applicant to another person, partnership or corporation, and no license shall be transferred from one premises to another.
[Amended 12-7-2000 by Ord. No. 506]
A license fee of $100 per year for up to 10 devices, and an additional fee of $25 for the 11th device and each one thereafter, will be assessed and shall be paid at the time the application is made for each license or annual renewal thereof under this article, provided that nonprofit organizations shall be exempt from payment of license fees.
[Amended 12-29-1977 by Ord. No. 183; 6-3-1982 by Ord. No. 241]
The following rules of conduct shall be observed by each licensee and the owner of any licensed premises and shall apply to the use of all premises licensed under the terms of this article:
A. 
Gambling on any licensed premises is prohibited unless permitted by statute.
B. 
No person under 18 years of age shall be permitted by any licensee or the owner of any licensed premises to play or operate any device described in this article unless an adult person responsible to said licensee or owner of the licensed premises is present on the premises at all times for the purpose of supervising the use and operation of all such devices to ensure that such use is conducted in an orderly manner, provided that this rule shall not apply to licensed premises where supervised bona fide athletic or recreational activities are conducted and a reasonable admission fee is charged to all participants, in which event the Township Committee may impose alternate regulations of like nature as a condition of the license created hereunder.
C. 
No licensee or the owner of any licensed premises shall suffer or permit any person under 18 years of age to be or remain in the licensed premises for the purpose of playing or operating any device described in this article after the hour of 10:00 p.m. on Sunday, Monday, Tuesday, Wednesday and Thursday of each week or the hour of 12:00 midnight on Friday and Saturday of each week unless accompanied by a parent or guardian,[1] provided that this rule shall not apply to licensed premises where supervised bona fide athletic or recreational activities are conducted and a reasonable fee is charged to all participants, in which event the Township Committee may impose alternate regulations of like nature as a condition of the license created hereunder.
[1]
Editor's Note: See also Ch. 259, Loitering; Peace and Good Order.
D. 
No licensee shall permit any disorderly, lewd, dissolute, drunken or boisterous person or any person under the influence of intoxicating liquor or controlled dangerous substance to be admitted to or to remain in and about the licensed premises.
Each license issued under this article shall be posted in a conspicuous place in or upon the licensed premises and shall remain posted during its term.
In the event that a license issued under the terms of this article is procured by fraud or false representation of facts, or if the licensee or any servant, agent or employee of the licensee shall violate any of the terms of this article or any of the conditions upon which the license is granted, or shall be convicted of any crime or offense involving moral turpitude, the Township Committee may suspend or revoke such license after public hearing upon five days' written notice given to the licensee and served personally or by certified mail, addressed to the licensee at the licensed premises, or posted on the licensed premises, which notice shall state the time, place and purpose of the hearing, and notice given by certified mail shall be complete upon mailing. At such hearing, the licensee shall be entitled to be heard and to introduce the testimony of witnesses and to be represented by counsel.
In the event that a license is suspended, revoked, surrendered or abandoned, there shall be no refund of the license fee or any part thereof.
Any licensee or other person who violates or fails or neglects to comply with any of the provisions of this article, or fails to abide by the conditions upon which a license has been issued under the terms of this article, shall, upon conviction thereof, be subject to a fine or penalty of not more than $500 or imprisonment for a term not to exceed 90 days, or both, in the discretion of the court. Each and every day a violation is committed or permitted to continue shall constitute a separate offense, punishable by a like fine or penalty.