[HISTORY: Article I adopted by the Township Committee (now Council) of the Township of Jackson as indicated in article histories. Subsequent articles adopted by the Township Council as indicated in article histories. Amendments noted where applicable.]
[Adopted 3-25-1975 by Ord. No. 14-75 (Ch. 38, Art. II, of the 1972 Code)]
It is hereby determined, decided and declared that there exists within the Township of Jackson a recognized amusement park located on Lot 1 in Block 27 as shown on the Official Tax Map of the Township of Jackson, which amusement park is presently known and designated as "Great Adventure."
It shall be unlawful for any person, firm or corporation to own or operate within this municipality any amusement game or games as said amusement game or games are defined by the aforesaid "Amusement Games Licensing Law" (P.L. 1959, c. 109), whether said amusement game or games are of skill or chance, or both, and whether said amusement game or games are 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 Jackson. Said license shall be issued subject to the provisions of the "Amusement Games Licensing Law" (P.L. 1959, c. 109), 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 a license shall file with the Township Clerk a written application in duplicate therefor. The application must be in the form prescribed by the Commissioner of Amusement Games Control and must comply with all the requirements as specifically set forth in Section 2 of P.L. 1959, c. 109, and any amendments and supplements thereto and any additional requirements as may be promulgated from time to time by the Amusement Games Control Commissioner of the State of New Jersey.
Editor's Note: See N.J.S.A. 5:8-101.
The Township Committee shall make an investigation of the qualifications of each applicant and the merits of each application as authorized and directed by the Amusement Games Licensing Law. Each individual applicant, the officers, directors and stockholders (including the officers, directors and stockholders of any corporation holding 5% or more of the capital stock) of any corporate applicant, as well as the partners or members, as the case may be, of any partnership, association or organization applicant, shall be fingerprinted under the supervision of the Municipal Chief of Police. The fingerprint records so obtained shall be marked "applicant" and shall be submitted to the Federal Bureau of Investigation and the New Jersey State Police Bureau of Investigation and, upon receipt of returns from such Bureaus, the Chief of Police shall make a report thereof to the Township Committee, together with a report of any other arrest or conviction record which may be obtained from other sources. Failure or refusal of any of the above-designated persons to submit to fingerprinting shall be deemed cause for denial of the application. No license shall be issued to any applicant if any of the above persons required to be fingerprinted in connection with the application are not of good moral character or have ever been convicted of a crime, unless the disqualification resulting from such conviction has been removed by the Commissioner of Amusement Games Control pursuant to P.L. 1962, c. 200.
Editor's Note: See N.J.S.A. 5:8-103.
Upon proof of compliance with all applicable requirements, the Township Committee shall authorize the issuance of a license, by resolution, said license to be effective for a term of one year, commencing with 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 park in the municipality. A certified copy of the resolution shall be transmitted, together with copy of the application and license certificate issued, to the Commissioner of Amusement Games Control.
Each license certificate shall be issued in triplicate, the original to be delivered to the applicant, with one copy to the Commissioner, as aforesaid, and the additional copy to be retained by the Township Clerk.
The license certificate shall be in the form prescribed by the Commissioner of Amusement Games Control.
Each license shall be conspicuously displayed at the place or places where the game is to be conducted at all times during the conduct thereof.
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 the applicant shall be entitled to be heard upon the qualifications of the applicant and the merits of the application.
Any license issued under this article may be amended, upon application made to the Township Committee, if the subject matter of the proposed amendment could lawfully and properly have been included in the original license and upon payment of such additional license fee, if any, as would have been payable if it had been so included.
No license issued pursuant to this article shall become operative unless and until the licensee named therein shall have procured a state license from the Commissioner of Amusement Games Control.
The Township Committee shall have and exercise control and supervision over all amusement games held, operated or conducted under such license with all the powers authorized or granted to it under said Amusement Games Licensing Law and all amendments and supplements thereto.
Any person, association or corporation who or which shall make any false statement in any application for such license or shall fail to keep such adequate and proper books and records as shall fully and truly record all transactions connected with the holding, operating or conducting of amusement games under such license or shall falsify or make any false entry in any books or records so far as they relate to any transaction connected with the holding, operating and conducting of any amusement game under any such license or shall violate any of the provisions of this article or the Amusement Games Licensing Law (P.L. 1959, c. 109) or of any of the terms of such license shall be a disorderly person and, if convicted as such, shall, in addition to suffering any other penalties which may be imposed, forfeit any license issued to it under this article.
There shall be issued to an applicant who shall qualify a separate license for each specific game authorized to be held, operated and conducted on the licensed premises by the licensee, and a separate license shall be issued for each place at which the licensee is authorized to hold, operate and conduct such game. The annual license fee for each such license shall be the sum of $100. Said annual fee shall be payable without proration and shall accompany the license application. In the event of denial or withdrawal of the application, or in the event of denial or withdrawal of the application for a state license filed with the Commissioner of Amusement Games Control, the sum of $10 or 25% of the application fee, whichever shall be greater, shall be retained by the Township as an investigation fee.
[Amended 2-10-1992 by Ord. No. 2-92]
As used in this article, the following terms shall have the meanings indicated:
All licenses issued under this article shall expire on December 31 of each year.
Any person, firm or corporation violating any of the provisions of this article shall be subject to a penalty not to exceed $200 or imprisonment not to exceed 90 days, or both. The same shall be in addition to the powers of suspension or revocation of any such license as provided for herein.