[HISTORY: Adopted by the Township Council
of the Township of Parsippany-Troy Hills 10-28-1986 by Ord. No. 86:72
as Sec. 4-3 of the 1986 Code. Amendments noted where applicable.]
No public or quasi-public place, building, store
or other place wherein the public is invited or may enter, will be
used for amusement machines as hereinafter defined without first obtaining
an annual license. The licensing period will commence on January 1
of a year.
As used in this chapter, the following terms
shall have the meanings indicated:
Any machine or device which may be operated by the public
for use as a game, entertainment or amusement, and shall include devices
such as marble machines, skill ball, pinball, mechanical grab machines,
the machines or contrivances commonly known as bagatelle, baseball,
hockey, football, pool table, target shooting, shuffle board or shuffle
alley, bowling or any similar named device, or any device which utilizes
an electron (TV) tube to reproduce symbolic figures and lines intended
to be representative of real games or activities; but excluded shall
be any device whether operated by coin or not which only provides
a ride, sensation, electronic reading or weight for use by and to
the amusement of the public.
[Amended 6-16-2015 by Ord. No. 2015:12]
The application shall be sworn to and filed
annually with the Township Clerk on forms supplied by the Clerk. The
application will require the information as follows:
A.
Name and address of applicant, including stockholders
owning more than 10%.
B.
Address of the premises where the machines are to
be maintained, operated or used.
C.
Number of machines to be installed on premises.
D.
Whether the applicant or any partner, officer, director
or stockholders owning more than 10% of the outstanding shares thereof
has been convicted of:
E.
Consent of owner or lessee of the premises if other
than applicant.
A.
The application will be referred to the Chief of Police,
who shall cause an investigation to be made of the applicant's moral
character as he deems necessary for the protection of the public.
B.
C.
The Township Clerk shall forward a copy of the application to the Township Zoning Officer for investigation and report. The Zoning Officer shall report in writing whether the applicant is in compliance with Chapter 430, Zoning. No license shall be issued by the Township under this chapter in the absence of a favorable report from the Zoning Officer.
A.
The Township Council shall review the annual application, investigation report and other relevant information. The Township Council shall approve or deny the application based upon the report of the Chief of Police and the Township Zoning Officer, the compliance of the applicant with the requirements specified hereunder to secure a license and the standards set forth under § 86-4D above.
B.
Any applicant who is denied a license may in writing
request a hearing before the Township Council. Request(s) for hearing
shall be filed with the Township Clerk within 10 days of receipt of
written denial. The Township Council shall schedule a hearing within
30 days of receipt of the hearing request, unless the time is extended
by consent of the applicant. The Township Council shall issue its
decision within 30 days following such hearing.
C.
The license shall be displayed in a conspicuous place
on the premises.
D.
Where a license is held in the name of a corporation, any change in corporate officers and any change in the ownership of 10% or more of the stock of said corporation to a person not previously listed shall require an application for change in corporate structure. Such application shall contain the same information required in an annual license application. In the event the change in corporate structure application reveals that the new stockholder or officer is not qualified pursuant to § 86-4D, the Township Council may institute proceedings to revoke the license in accordance with § 86-10. A license holder shall advise the Township of any change in corporate structure within 10 days of such change. Failure to file an application for change in corporate structure within this ten-day period shall, in addition to constituting a violation of this article, result in the immediate suspension of the license until an application is made.
The licensee or a designated employee shall
be responsible for the licensee's compliance with the terms of the
chapter.
A.
Amusement machines shall be placed, operated and maintained in accordance with the provisions of Chapter 430, Zoning.
B.
No licensee shall permit or allow the operation or
use of any amusement machine by any person under 16 years of age at
any time during which the local public schools are in session, unless
such person is accompanied by a parent or legal guardian. Where the
premises of the licensee are used primarily for the serving or consumption
of alcoholic beverages, the use of amusement machines by persons under
the legal drinking age is prohibited at all times.
It shall be unlawful for any licensee or his
agents, servants or employees to knowingly permit or allow an amusement
machine licensed hereunder to be used for gambling purposes, nor shall
they offer, permit or allow any prize, free play or return of money
on any such machine. No person shall use any such machine for the
purpose of gambling of any kind.
A.
A license issued hereunder is subject to suspension or revocation by the Township Council upon notice as defined herein to the licensee. A license may be suspended or revoked for any of the reasons set forth under § 86-4D of this chapter as well as for the licensee's conducting or allowing to be conducted activity on the licensed premises which constitutes a public nuisance adversely affecting the public health, safety and welfare.
B.
The Township Council through the Township Clerk shall
cause a written notice for the grounds for possible revocation or
suspension to be served upon the licensee, or any agent of the licensee,
together with a notice of the date, time and place of a hearing to
be held, not less than 10 days after such service, and directing the
licensee to show cause before the Township Council why the licensee
should not be suspended or revoked.
C.
At the hearing before the Township Council, all evidence
offered by the licensee, township officials and the general public
which is material to the issue shall be offered and the Township Council
shall make a determination of its findings within 30 days after close
of the hearing. If the findings are made in favor of the licensee,
the license issued hereunder shall continue under the terms and conditions
under which it was issued. If the findings are against the licensee,
the license issued may be revoked entirely, suspended, or conditioned
in such manner as the Township Council may direct.
D.
License suspension provisions.
(1)
Any establishment or business which has secured or
is required to secure an amusement game license and which permits
or causes to be permitted the operation of the games in violation
of the requirements of § 36-8B of this chapter shall be
subject to the following license suspension provisions:
(2)
A separate offense shall be deemed committed upon
each day during or on which a violation occurs or continues.
The Township Clerk shall be responsible for
the processing of the application, the issuing of the license and
the collection of fees. The chapter shall otherwise be enforced by
the Township of Parsippany-Troy Hills Police Department.