Township of Parsippany-Troy Hills, NJ Chapter 86 Amusement Machines

[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.]

§ 86-1 License required.

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.

§ 86-2 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

AMUSEMENT MACHINES

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.

§ 86-3 Fees.

[Amended 6-16-2015 by Ord. No. 2015:12]

A. The annual license fees are as follows:

(1) Administrative processing and inspection (includes one machine): $250 annually.

(2) Additional machines up to and including 15 machines: $100 annually per machine.

(3) For all machines in excess of 15, there is a single additional license fee: $250 annually.

B. Change in corporate structure: $100.

§ 86-4 License application.

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:

(1) A crime involving moral turpitude.

(2) A violation of any statute, governmental regulation or ordinance involving gambling.

(3) A violation of any Township Ordinance involving the regulation of amusement games.

(4) Any violation of this chapter.

E. Consent of owner or lessee of the premises if other than applicant.

F. Name of designated supervisor as set forth in § 86-7 of this chapter.

§ 86-5 Investigation of 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. The Chief of Police shall issue a report of the investigation to the Council, which report shall address but not be limited to the following areas:

(1) Conviction of a crime of moral turpitude.

(2) Evidence of poor character as indicated above under § 86-4D(2) and (3). Also, information shall be provided as to whether the applicant has misrepresented any of the information supplied to the Township in his application for an amusement game license.

(3) Prior performance under this chapter.

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.

§ 86-6 Issuance; hearing and display of license.

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.

§ 86-7 Supervision.

The licensee or a designated employee shall be responsible for the licensee's compliance with the terms of the chapter.

§ 86-8 Operating prohibition.

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.

C. The licensee shall install readily visible signs within the subject premises indicating the applicable age restriction(s) as denoted in Subsection B above.

§ 86-9 Gambling and free prizes prohibited.

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.

§ 86-10 Revocation or suspension of license.

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:

(a) First offense: three-day suspension of the license for all amusement games on the premises.

(b) Second offense: five-day suspension of the license for all amusement games on the premises.

(c) Third offense: ten-day suspension of the license for all amusement games on the premises.

(2) A separate offense shall be deemed committed upon each day during or on which a violation occurs or continues.

§ 86-11 Enforcement.

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.