[HISTORY: Derived from Sec. 5-3 of the 2003 Revised General
Ordinances of the Township of Willingboro. Amendments noted where
applicable.]
As used in this chapter, unless the context otherwise indicates,
the following words and terms shall have the meanings given herein:
Any person, firm, partnership, corporation or association
who leases or rents out or places under any kind of arrangement one
or more jukeboxes.
Any person, firm, partnership, corporation or association
who leases or rents out or places under any kind of arrangement one
or more mechanical or electronic amusement devices.[1]
Any music vending machine, contrivance or device which, upon
the insertion of a coin, slug, token, plate, disc or key into any
slot, crevice, or other opening, or by the payment of any price, operates
or may be operated for the emission of songs, music or similar amusement.
Any machine which, upon the insertion of a coin, slug, token,
plate or disc, may be operated by the public generally for use as
a game, entertainment or amusement, whether or not registering a score.
It shall include such devices as marble machines; pinball machines;
skill ball; mechanical grab machines; mechanical bowling machines;
video games; and all games, operations or transactions similar thereto
under whatever name they may be indicated.[2]
Any person, firm, partnership, corporation or association
in whose place of business any jukebox or mechanical or electronic
amusement device is displayed for public patronage or is placed or
kept for operation by the public.
Any person, firm, partnership, corporation or association
who owns and operates any jukebox or mechanical or electronic amusement
device.
A.
Distributors. No distributor of mechanical or electronic amusement
devices or jukeboxes shall distribute to any person or to the owner,
occupant, lessee or licensee of any premises in the Township of Willingboro
for the purpose of operation of any mechanical or electronic amusement
devices or jukeboxes without first having obtained from the Township
Clerk of the Township of Willingboro a license to do so.
B.
Operators. No operator shall display for public patronage or keep
for operation any jukebox or mechanical or electronic amusement device
without first having obtained a license to do so from the Township
Clerk.
A.
Distributors of mechanical or electronic amusement devices. The application
for the license for distributors of mechanical or electronic amusement
devices shall contain the following information:
(1)
Name and address of the applicant. If the applicant is an individual,
the age, date and place of birth of the applicant. If the applicant
is a firm, partnership or association, the names and addresses, ages
and places of birth of all members of the firm, partnership or association.
(2)
Prior criminal conviction of the applicant, if any, the term "applicant" meaning and including all persons whose names, addresses, ages and places of birth must be furnished under Subsection A(1) above.
(3)
The particular number of mechanical or electronic amusement devices
which the applicant will distribute in the Township of Willingboro.
(4)
Such other information as the Township Council shall from time to
time deem necessary and proper.
B.
Distributors of jukeboxes. The application for the license for distributors
of jukeboxes shall contain the following information:
(1)
Name and address of the applicant. If the applicant is an individual,
the age, date and place of birth of the applicant. If the applicant
is a firm, partnership or association, the names and addresses, ages
and places of birth of all members of the firm, partnership or association.
If the applicant is a corporation, the name and address of the registered
agent and the names and addresses, ages and places of birth of all
the stockholders of the corporation owning 10% or more of all of the
issued and outstanding capital stock of the corporation.
(2)
Such other information as the Township Council shall from time to
time deem necessary and proper.
C.
Operators. The application for the license for operators shall contain
the following information:
(1)
Name and address of the applicant. If the applicant is an individual,
the age, date and place of birth of the applicant. If the applicant
is a firm, partnership or association, the names and addresses, ages
and places of birth of all members of the firm, partnership or association.
If the applicant is a corporation, the name and address of the registered
agent and the names and addresses, ages and places of birth of all
the stockholders of the corporation owning 10% or more of all of the
issued and outstanding capital stock of the corporation.
(2)
Prior criminal conviction of the applicant, if any, the term "applicant" meaning and including all persons whose names, addresses, ages and places of birth must be furnished under Subsection C(1) above.
(3)
Place where machines or devices are to be displayed and the business
conducted at that place.
(4)
Description of the machine to be covered by the license, mechanical
features, name of the manufacturer, serial number and the name and
address of the owner of the machine.
No license or licenses in this chapter provided for shall be
issued to any applicant unless the applicant is over 21 years of age
and a citizen of the United States.
A.
Fees for distributors of mechanical or electronic amusement devices shall be as provided in § 150-9A of the Code of the Township of Willingboro.
B.
License fees for distributors of jukeboxes shall be fixed in accordance with § 150-9A of the Code of the Township of Willingboro.
C.
License fees for operators of mechanical or electronic amusement devices shall be per machine as provided in § 150-9A of the Code of the Township of Willingboro.
D.
License fees for the operators of jukeboxes shall be per machine as provided in § 150-9A of the Code of the Township of Willingboro.
E.
All license fees shall be payable upon the filing of the application,
and if the application is rejected, the fee is to be returned.
Application for all licenses herein provided shall be made to
the Township Clerk.
A.
The Director of Public Safety shall investigate all applicants and,
in the case of an applicant for an operator's license, the location
wherein it is proposed to operate the machine. The Director of Public
Safety shall also ascertain if the applicant is a person of good moral
character and, in the case of an application for an operator's
license, whether the location is a fit place for the use and operation
of a mechanical or electronic amusement device or jukebox and shall
either approve or disapprove the application.
B.
No license shall be issued to any applicant unless approved by the
Director of Public Safety.
Nothing in this chapter shall in any way be construed to authorize,
license or permit any gambling device whatsoever, or any mechanism
that has been judicially determined to be a gambling device or in
any way contrary to law or that may be contrary to any future laws
of the State of New Jersey, including any mechanical or electronic
amusement device that dispenses any kind of payoff, prize or reward.
A.
No operator holding a license for the operation of a jukebox under
this chapter shall permit the playing of jukeboxes between the hours
of 2:00 a.m. and 9:00 a.m. on any day.[1]
B.
No operator holding a license for the operation of a jukebox under
this chapter shall permit the playing of jukeboxes or mechanical or
electronic amusement devices within 200 feet of any church, public
or parochial school or playground.
C.
No distributor or operator of mechanical or electronic amusement
devices shall offer or permit to be offered any prize, free games,
or other reward to any person playing any machine required to be licensed
by the provisions of this chapter.
If the Director of Public Safety shall have reason to believe
any mechanical or electronic amusement device is used as a gambling
device, the machine may be seized by the police and impounded, and
if, upon trial of the operator for allowing it to be used as a gambling
device, the operator is found guilty, the machine shall be destroyed
by the police. Revocation and seizure are in addition to all other
penalties.
Every operator's license or licenses herein provided for
shall be posted permanently and conspicuously at the location of the
machine in the premises wherein the device is to be operated or maintained
to be operated.
A.
Licenses may be transferred from one machine or device to another
similar machine upon application to the Township Clerk to such effect
and the giving of a description and the serial number of the new machine
or device. No more than one machine shall be operated under one license,
and the applicant or licensee shall be required to secure a license
for each and every machine displayed or operated by the applicant
or licensee.
B.
If the licensee shall move the place of business to another location
within the Township of Willingboro, the license may be transferred
to such new location upon application to the Township Clerk giving
the street and number of the new location. No transfer shall be granted
unless the new location shall be approved by the Director of Public
Safety.
C.
A license shall not be transferable from operator to operator nor place to place by an operator of either mechanical or electronic amusement devices or jukeboxes, and the license shall be usable only at the place and by the operator designated in the license, except as provided in Subsection B above.
