[Adopted 8-31-2010 by Ord. No. O-10-19]
It is hereby determined, decided and declared that there exists within the Township of Freehold a recognized amusement and entertainment area, according to the usual and customary understanding of such terms, located on Block 70.10, Lot 2, as shown on the official Tax Map of the Township of Freehold, which amusement and entertainment center is presently known and designated as IPLAY AMERICA.
A licensee shall be permitted to install and operate billiard and pool tables within the licensed premises and such billiard or pool table shall be deemed to be amusement games within the meaning of this article. The provisions of Chapter 240 of these general ordinances shall not apply to the maintenance and operation of pool or billiard within the licensed facility. It shall be unlawful for any person, firm or corporation to own, conduct or operate within this municipality any amusement game or games, as said amusement game or games are defined by the Amusement Games Licensing Law (Chapter 109 P.L. 1959; N.J.S.A. 5:8-100 et seq.), as amended from time to time, whether said amusement game or games are of skill or chance, or both, and whether said amusement game is played and operated with or without numbers, symbols or figures, without first having obtained a proper license from the Township Committee of the Township of Freehold. Said license shall be issued subject to the provisions of the Amusement Games Licensing Law and the Revised Amusement Games Regulations, effective April 11, 1966, promulgated by the Office of Amusement Games Control, Department of Law and Public Safety of the State of New Jersey.
Each applicant for such license shall file with the Township Clerk a written application in such form as prescribed by and in accordance with said Amusement Games Licensing Law as amended and supplemented from time to time. Said application shall contain the minimum information required by N.J.S.A. 5:8-102 and shall require the applicant to furnish the information required by N.J.S.A. 5:8-103 as amended from time to time. Each application shall include proposed rules and regulations designed to govern conduct on the licensed premises and shall state the number and description of the games to be licensed.
A. 
Upon proof of compliance with all applicable requirements, the Township Committee shall authorize the issuance of a license, to be effective for not more than one year. By resolution, said license is to be effective for a term of one year, commencing on the date of issuance and terminating on December 31 in each year. Said resolution shall specifically recite that the premises to be licensed are located in a recognized amusement and entertainment area within the municipality. A certified copy of the resolution shall be transmitted, together with a copy of the application and license certificate issued, to the Commissioner of Amusement Games Control. No license shall be issued unless the applicant has complied with all of the requirements of N.J.S.A. 5:8-100 et seq. and N.J.A.C 13:1-1.1 et seq., as amended from time to time.
B. 
Each license certificate shall be in the form prescribed by the Commissioner of Amusement Games Control and shall indicate: the name of the licensee; the address of the licensed premises; the name or description of the kind of games licensed; the amount of fee paid; a statement of the hours between which such games may be conducted.
C. 
Each license shall be conspicuously displayed at the place where the game is to be conducted at all times during conduct thereof.
D. 
Each licensee shall notify the municipality of any material change of any relevant fact regarding the License application within 10 days of the occurrence thereof.
E. 
Each licensee shall enforce the rules and regulations approved as a part of the application under § 75-23 of this article.
The annual fee for each such license shall be calculated in accordance with the provisions of Chapter 236 of the general Ordinances of the Township of Freehold.
A. 
No application for the issuance of a license shall be refused by the Township Committee until after a hearing is held on due notice to the applicant at which time the applicant shall be entitled to be heard upon the qualifications of the applicant and the merits of the application.
B. 
Any license issued under this chapter may be amended upon application made to the Township Committee, if the subject matter of the proposed amendment could lawfully have been included in the original license.
The Township Committee shall have and exercise control and supervision over all amusement games operated or conducted under such license with all of the powers authorized and granted to it under the Amusement Games Licensing Law and all amendments and supplements thereto.
In the event any licensee shall violate any of the provisions of this chapter, the Amusement Games Licensing Law, the rules and regulations promulgated by the State Amusement Games Control Commissioner or the specific terms of the license, such licensee shall be a disorderly person and, if convicted as such, shall in addition to suffering any other penalties which may be imposed, suffer forfeiture, revocation or suspension of any license issued under this chapter.
A. 
The licensee shall be permitted to operate and conduct any amusement game on the licensed premises as follows:
(1) 
While school is in session:
[Amended 1-29-2013 by Ord. No. O-13-2]
(a) 
Mondays through Thursdays: 11:00 a.m. until 12:00 midnight.
(b) 
Fridays and Saturdays: 10:00 a.m. until 2:00 a.m.; however, the operation of all rides must cease by 1:00 a.m.
(c) 
Sundays: 10:00 a.m. until 11:00 p.m. (except when the following Monday is a holiday, then until 2:00 a.m.; however, the operation of all rides must cease by 1:00 a.m.).
(d) 
On the evening before a holiday occurring on a Tuesday through Friday, closing may be extended to 2:00 a.m.; however, the operation of all rides must cease by 1:00 a.m.
(2) 
While school is not in session:
[Amended 12-17-2013 by Ord. No. O-13-40]
(a) 
Mondays through Thursdays: 10:00 a.m. until 12:00 midnight.
(b) 
Fridays, Saturdays and Sundays: 10:00 a.m. until 2:00 a.m., however, the operation of all rides must cease by 1:00 a.m.
B. 
The determination of holidays for purposes of this section shall be made based upon the Freehold Township Elementary School System calendar.
C. 
The hours of operation restrictions of this section may be modified to allow occasional overnight play ("overnight play") upon written resolution of the Township Committee pursuant to the following requirements and regulations:
[Added 9-27-2011 by Ord. No. O-11-24]
(1) 
The licensee shall, at least 21 days before the proposed date for the overnight play, submit a letter of request ("request") to the Township Clerk, with a copy to the Chief of Police, setting forth:
(a) 
Proposed date and time for overnight play.
(b) 
Name, address and contact information of charity or other benefit, group or organization seeking to hold or sponsor the overnight play ("proposed beneficiary").
(c) 
Age range of those expected to participate, excluding chaperones.
(d) 
Number of participants expected.
(e) 
Number of chaperones who will be present throughout the hours of the overnight play.
(f) 
Name and telephone number of a representative of the licensee who will be constantly available at the number given throughout the hours of overnight play.
(2) 
The Chief of Police or the Chief’s designee shall undertake such review, inquiry or investigation as is deemed necessary by him/her and shall report to the Township Clerk with a recommendation whether the Township Committee should grant the request.
(3) 
The Township Committee may act upon the request. Such action, if taken, shall be by written resolution. If no action is taken, it shall be deemed that the request is denied. If the Township Committee adopts a resolution permitting the overnight play, it may impose such restrictions as it deems appropriate.
(4) 
By submitting the request pursuant to Subsection C(1) above, the licensee shall be acknowledging that the grant of a request for overnight play is not a right, but a privilege. In the event the provisions of this Subsection C or the action of the Township Clerk, Chief of Police or his/her designee or of the Township Committee are challenged by the licensee or the proposed beneficiary, all provisions of this Subsection C shall be deemed automatically repealed and of no further force or effect.
As used in this chapter, the following terms shall have the meanings indicated:
GAME
Any game or amusement which is authorized under the provisions of the Amusement Games Licensing Law.
Any person violating any of the provisions of this chapter shall be subject to the penalties provided in Article II, Chapter 1, of these general ordinances.