[HISTORY: Adopted by the Mayor and Council of the Borough of Madison 5-13-1963
by Ord. No. 769 (Art. 63 of the 1970 Revised Ordinances).
Amendments noted where applicable.]
No person, persons, firm, association, club or corporation shall, within
the Borough of Madison, maintain, operate, conduct or pursue the business
or occupation of keeping any public room or place wherein the games commonly
known as "pool" or "billiards" are played without having first obtained a
license therefor from the Council of the Borough of Madison as hereinafter
provided.
An application for a license shall be filed with the Borough Clerk on
forms to be furnished by him, which forms shall require the following
information to be included:
A.
The name and address of the applicant.
B.
In the case of a partnership, the names and addresses
of all partners.
C.
In the case of a corporation, the names and addresses
of the officers, directors and all stockholders presently holding stock and
all who for six months prior to the making of said application have been officers,
directors or stockholders.
D.
In the case of clubs or associations, the names and addresses
of all officers.
E.
Whether or not the person or persons named in the application
have ever been convicted of a violation of any federal, state or municipal
law.
F.
The location of the premises to be licensed.
G.
The number of pool tables and billiard tables to be located
upon the premises to be licensed.
All licenses herein provided for shall be issued by the Borough Clerk
only after a resolution of the Council of the Borough of Madison shall have
been adopted approving said application and only after the payment of the
license fee herein provided for. All such licenses shall be valid from the
first day of January of the year in which the license is issued until the
31st day of December next after the same is issued, unless sooner revoked.
B.
Such license shall not be transferable by the holder
to any other person, persons, firm, association, club or corporation, but
such license may be transferred by the holder to another address, provided
that the licensee shall make written application for such transfer to the
Borough Clerk and such transfer is approved by resolution of the Council of
the Borough of Madison.
[Amended 9-10-1990 by Ord. No. 31-90]
The annual fees to be paid for such license are hereby fixed as follows:
A.
The Council of the Borough of Madison may suspend or
revoke the license of any licensee on any one or more of the following grounds:
(1)
Violation of any of the laws of the State of New Jersey
upon the licensed premises by the licensee or its agents, servants, employees
or representatives.
(2)
Violation of any ordinance of the Borough of Madison
upon the licensed premises by the licensee or its agents, servants, employees
or representatives.
(3)
If said license was procured by fraudulent conduct or
false statement of a material fact or if a fact concerning the applicant was
not disclosed at the time of filing the application where such fact would
have constituted just cause for refusing to issue said license.
(4)
Permitting or suffering any activity upon the licensed
premises which is or may be detrimental to the public health, safety, welfare
or morals.
(5)
Conducting or permitting bookmaking or the taking or
placing of bets or suffering gambling in any form in or at the licensed premises.
(6)
Permitting or suffering any intoxicated or disorderly
person to be admitted to the licensed premises or to remain therein or to
loiter in front of said premises.
B.
In all such cases, written notice of the charge or charges
and the time and place of hearing thereon shall be served on the licensee
either in person or by certified or registered mail addressed to the licensed
premises. No revocation or suspension shall occur unless the licensee shall
have been afforded an opportunity to be heard in his defense.
C.
In the event any license is suspended or revoked, the
licensee shall not be entitled to the return of any portion of the license
fee.
A.
Any premises which shall be declared to be unsafe by
the written report of the Building Inspector or a fire hazard by the written
report of the Fire Chief shall be deemed to be ineligible for a license.
B.
No license shall be issued for the operation of any pool
or billiard room which is located within 200 feet of any school, church or
publicly owned building.
[Added 3-10-1975 by Ord. No. 5-75]
No license shall be issued to any person, persons or corporation whose
director or directors has or have been convicted of a crime involving moral
turpitude.
[Amended 3-14-1966 by Ord. No. 818]
The hours of operation of such pool or billiard rooms shall be between
9:00 a.m. and the following 12:00 midnight on weekdays, and between 1:00 p.m.
and the following 12:00 midnight on Sundays. The hours designated in this
section shall be prevailing time.
[Amended 5-8-1967 by Ord. No. 857]
No person under the age of 16 years shall be admitted to or permitted
to play pool or billiards in any licensed premises or to frequent, lounge,
congregate or gather in such room or place unless accompanied by his or her
parent or guardian.
In no event shall card playing be permitted on premises licensed under
this chapter, even if such card playing is for social purposes.
All premises in which the games of pool and billiards are played shall
be on the street floor of any building and shall be so arranged and lighted
that a full view of the interior may be had at all hours from the public thoroughfare
or from adjacent rooms to which the public is admitted.
This chapter shall not apply to any religious, charitable, benevolent
or nonprofit association or corporation which operates or maintains any pool
or billiard table solely for the recreation and amusement of its members,
provided that such organization is bona fide in character and is not intended
as a means or device for evading the terms and provisions of this chapter;
nor shall this chapter apply to the keeping of any pool or billiard table
in private residences.
There shall be conspicuously posted and displayed in any premises licensed
under this chapter:
A.
The license issued pursuant to this chapter.
B.
A copy of this chapter, which shall be supplied to the
licensee by the Borough Clerk.
C.
Not less than one sign giving notice that no person under
the age of 16 years is permitted upon the licensed premises unless accompanied
by his or her parent or guardian.
[Amended 5-8-1967 by Ord. No. 857]
[Amended 5-11-1970 by Ord. No. 9-70]
Any person, persons, firm, association, club or corporation violating
any of the provisions of this chapter shall, upon conviction thereof, be subject
to a fine not exceeding $500 or confinement in the county jail for a term
not exceeding 90 days, or both, in the discretion of the Judge of the Municipal
Court. Each day such violation shall be continued shall be deemed and taken
to be a separate and distinct offense.
