Township of Byram, NJ
Sussex County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Committee (now Township Council) of the Township of Byram 8-18-1976. Amendments noted where applicable.]
GENERAL REFERENCES
Alcoholic beverages — See Ch. 82.
Licensing — See Ch. 164.
Definitions of terms as used in this chapter shall be as follows:
AMUSEMENT OR ENTERTAINMENT MACHINE OR DEVICE
Any machine, contrivance or device which, upon the insertion of a coin, slug, token, plate, disc or key into a slot, crevice or other opening or by the payment of any price, operates or may be operated by the public generally as a game of skill and/or amusement wherein or whereby the player initiates, employs or directs any force generated by the machine in addition to merely inserting a coin or other device as aforementioned. This term shall include any device which registers a score or not and shall further include, without limitation, such devices as marble machines, pinball machines, bagatelle machines, pong or other types of electronically operated game devices, skill ball, mechanical games or operations or transactions similar to the same, by whatever name they may be called. In addition, this definition shall include a billiard or pool table open to the public, whether the same is coin-operated or open for play for the general public on any type of fee basis. The definition shall not include any music machine or device, those devices which are commonly called "jukeboxes" or vending machines.
LICENSED PREMISES
The entire premises, including, without limitation, all buildings, auxiliary buildings, structures or pertinent structures, walks, alleys, drives and parking facilities owned, used or controlled by the licensed operator and/or owner-operator.
OPERATOR
Any natural person, partnership, firm, association, corporation or any other business entity which leases, rents out or places under any kind of arrangement, within the Township of Byram, one or more amusement or entertainment machines or devices displayed for public patronage or placed or kept for operation by the public.
OWNER-OPERATOR
Any natural person, partnership, firm, association, corporation or any other business entity which owns or controls premises or a location within the Township of Byram in which any amusement or entertainment machine or device which is owned by said natural person, partnership, firm, association, corporation or any other business entity is displayed for public patronage or is placed or kept for operation by the public.
PERSON
Any natural person, partnership, firm, association or corporation or any other business entity.
[Amended 11-19-1990 by Ord. No. 14-1990]
A. 
No owner-operator or operator of amusement or entertainment machines or devices shall operate any such devices within the Township of Byram without first having obtained from the office of the Township Clerk of the Township of Byram a license to so operate. However, no license shall be required for an owner-operator or operator of amusement or entertainment machines or devices, provided that the owner-operator or operator holds an alcoholic beverage license issued by the Township of Byram and is using two or fewer amusement or entertainment machines or devices on the premises for which the alcoholic beverage license was issued. Any such owner-operator or operator who has an alcoholic beverage license and who maintains three or more amusement or entertainment machines or devices shall be required to obtain a license and pay for each machine or device exceeding two. In addition, no license shall be required by an owner-operator or operator of amusement or entertainment machines or devices, provided that any such machines or devices are located within a family theme recreation park, as permitted by the Zoning Ordinance of the Township of Byram.[1]
[Amended 10-6-1976]
[1]
Editor's Note: See Ch. 240, Zoning.
B. 
Applications for said license shall contain the following information:
(1) 
The name, date and place of birth, home address and business address and home telephone number and business telephone number of the applicant and each of its stockholders, officers and directors and each partner, member or principal.
(2) 
The name and address of the registered agent of the applicant or person upon whom the service of process is authorized to be made.
(3) 
The name, date and place of birth and home address and telephone number of the manager or other agent of the applicant who shall be in charge of or conduct the business of the applicant within the Township of Byram.
(4) 
With respect to each person whose name is listed on the license application, the fact of whether or not said person was ever convicted of any crime, whether by or without jury or by plea, in any jurisdiction of an offense which under the laws of the State of New Jersey is denominated as a misdemeanor or high misdemeanor or an offense involving moral turpitude, with full disclosure of the nature of the offense, the time and place of commission, legal proceedings in connection therewith and punishment or penalty.
(5) 
The type and precise location of each machine, device or table to be operated under the license applied for.
(6) 
If the applicant is a corporation, there shall be included a corporate resolution in proper form authorizing the execution of the license application on behalf of the corporation.
(7) 
A certification, under oath, made by the applicant, that the information contained in the application and all attachments thereto are complete, accurate and truthful to the best of his knowledge and belief.
C. 
Upon receipt of an application, the Manager shall promptly forward a copy of the application and accompanying materials to the Directors of the Police Department and the Office of Planning and Development for investigation, review and report. Such reports shall be sent to the Manager, who, in accordance with the standards and requirements set forth, may grant or refuse the license or may grant the license as to one or more but not all of the amusement or entertainment machines or devices and refuse the license as to the rest. If the license is granted, the Township Manager shall forthwith issue the license upon payment of the licensing fee. The Manager shall ensure that the license application and all attachments thereto are complete, accurate and truthful; that those persons whose names are required to be disclosed on the license application are all persons capable of owning, controlling and conducting the proposed business of owning and/or operating amusement or entertainment machines or devices within the Township of Byram in a manner consistent with the public safety, good morals and general welfare of the community; that all those persons whose names are required to be disclosed on the license application can reasonably be expected to own, control and manage or operate the proposed business in accordance with all applicable laws, ordinances, rules and regulations and free from any gambling or immoral or illegal conduct or activity and free from unnecessary or unwanted noise or commotion; that no criminal element is in direct or indirect control or management of the business of the applicant; that the granting of the application and the issuance of the license thereunder will promote a fair and competitive market for the operation of amusement or entertainment machines or devices within the Township of Byram; that the granting of the application and the issuance of the license thereunder will not create an unwarranted burden on the law enforcement officers or agencies; and that the applicant has properly executed all agreements and consents required by this chapter and has agreed to conduct his business in accordance with all requirements of this chapter and all other applicable laws, ordinances, rules and regulations. No operator's license shall be granted hereunder unless the licensed premises shall meet all requirements of all fire regulations and the housing, building, sanitary, electric and plumbing codes of the Township of Byram.[2]
[2]
Editor's Note: See Ch. 112, Construction Codes, Uniform; Ch. 133, Fire Prevention; and Ch. 148, Housing.
D. 
In the event that the Manager shall deny the issuance of a license to the applicant, or deny to issue a license for any machine or device applied for, the Manager shall give written notice to the applicant of such denial. The applicant shall have a right to appeal such decision to the Township Council by giving written notice to the Township Manager of his intention to file such an appeal. In the event that the applicant shall fail to give written notice to the Manager within 10 days, the applicant's right of appeal shall cease. Upon receipt of an application for appeal, the Manager shall set a date and the applicant shall have the right to appear before the Township Council and give testimony or produce such witnesses as he shall deem appropriate. The Township Council shall listen to all witnesses and testimony that it deems relevant and shall render a decision as to whether to uphold the denial by the Manager or reverse the denial, in which event the Manager shall forthwith issue the license upon the payment of all license fees.
A. 
No amusement or entertainment machine or device shall be permitted on any premises located within 200 feet of any church, school, park or playground.
B. 
The owner-operator or operator shall not permit, suffer or allow any person to bet or gamble in any form or manner on the licensed premises and shall prevent immoral or illegal conduct or activity from occurring.
C. 
No person on the licensed premises shall have illegally in his possession or under his control or offer to another any controlled dangerous substance as defined in N.J.S.A. 24:21-2, nor shall the operator and/or owner-operator permit, suffer or allow such person on the licensed premises. No owner-operator or operator shall permit, suffer or allow the unlawful sale or consumption of an alcoholic beverage upon the licensed premises.
[Amended 11-19-1990 by Ord. No. 14-1990]
D. 
No owner-operator shall permit the operation of any amusement or entertainment machine or device on the premises of a tavern, which premises is required to be closed during specified hours, during the hours when the sale of alcoholic beverages is prohibited.
E. 
The owner-operator or operator shall at all times maintain good order upon the licensed premises and shall not permit, suffer or allow any disturbance, congestion or loitering upon the licensed premises.
F. 
No amusement or entertainment machine or device shall be permitted to cause unnecessary or unwarranted noise or commotion or otherwise interfere with the public health, welfare and morals.
G. 
No owner-operator or operator shall offer or permit to be offered any prize or other reward to any person playing amusement or entertainment machines or devices which are operated under this chapter.
H. 
No amusement or entertainment machine or device shall be located in a so-called "backroom" or in any part of the licensed premises which is not open to the general public.
I. 
No licensed premises shall be without adequate sanitary facilities or contain any fire, safety or health hazards.
J. 
No owner-operator or operator shall neglect or fail to report promptly to the Police Department and to the Township Manager any violation of any law or ordinance occurring on the licensed premises, nor shall any owner-operator neglect or fail to report promptly to the Township Manager any conduct or activity prohibited by this chapter.
[Amended 11-19-1990 by Ord. No. 14-1990]
K. 
Each owner-operator or operator shall promptly report in writing to the Manager any change, addition or deletion to the information furnished on the license application and all material attached thereto, and this obligation shall be fully met during the term of any license or the renewal thereof.
[Amended 11-19-1990 by Ord. No. 14-1990]
L. 
No owner-operator or operator shall refuse access to its premises to the Township Manager or to any member of the Police Department, Fire Department or to any law enforcement officer or agency.
[Amended 11-19-1990 by Ord. No. 14-1990]
M. 
Amusement or entertainment machines or devices licensed in accordance with this chapter shall be operated only during the hours of 11:00 a.m. and midnight, prevailing time.
[Added 10-6-1976]
The following annual licensing fees shall be paid to the Township of Byram:
A. 
Owner-operators and operators shall pay annual licensing fees to the Township of Byram as set forth in Chapter A287, Fees, for the following:
[Amended 11-19-1990 by Ord. No. 14-1990; 2-4-2008 by Ord. No. 2-2008]
(1) 
Amusement or entertainment machines or devices, except pool or billiard tables not operated by the insertion of a coin, slug, token, plate, disc or key, owned by the owner-operator or leased by the operator.
(2) 
Pool or billiard tables not operated by the insertion of a coin, slug, token, disc or key.
B. 
One license shall be issued to each owner-operator or operator, and that license shall designate the number of amusement or entertainment machines or devices which have been licensed, for which fees have been paid.
C. 
All license fees shall be paid to the Township of Byram prior to the issuance of the license, and all licenses shall expire on December 31 next succeeding the date of issuance.
D. 
Each owner-operator or operator shall apply for renewal of its license at least 30 days prior to the license expiration by making a new application in accordance with this chapter.
A. 
Each owner-operator license shall be posted permanently and conspicuously on the licensed premises.
B. 
Any owner-operator's license or operator's license may be amended to indicate additional machines or devices added during the period for which the license has been issued by the payment to the Township Manager of additional licensing fees for the added machine or device and by providing the Township Manager a description of the type of said machine or device and where said machine or device is to be located. An owner-operator or operator shall only be entitled to use the number of machines or devices for which the license has been issued.
[Amended 11-19-1990 by Ord. No. 14-1990]
C. 
No owner-operator's license or operator's license shall be transferred from person to person or from place to place within the Township of Byram without the same application, investigation and reports as required in a new application.
[Amended 11-19-1990 by Ord. No. 14-1990]
A. 
Every license issued hereunder is subject to suspension by the Township Manager should the owner-operator or operator operate any amusement or entertainment machine or device contrary to the provisions of this chapter or any other law, ordinance, rule or regulation. Any material misstatement or omission in the license application or in any information submitted therewith shall also constitute sufficient grounds for suspension of said license.
B. 
In the event that the Manager shall suspend a license, he shall give written notice to the applicant of such suspension. The licensee shall have a right to appeal such decision to the Township Council by giving written notice to the Township Manager of his intention to file such an appeal. In the event that the licensee shall fail to give written notice to the Manager within 10 days, the licensee's right of appeal shall cease. Upon receipt of an application for appeal, the Manager shall set a date and the applicant shall have the right to appear before the Township Council and give testimony or produce such witnesses as he shall deem appropriate. The Township Council shall listen to all witnesses and testimony that it deems relevant and shall render a decision as to whether to uphold or revise the decision of the Township Manager.
The provisions of this chapter requiring an operator's license shall not apply to any church, fraternal or veteran's organization or other religious, charitable or nonprofit organization which operates any amusement or entertainment machine or device exclusively for the use of its members and their guests and on the premises owned or controlled by it.
[Amended 11-19-1990 by Ord. No. 14-1990]
Any person violating any provision of this chapter or failing to comply therewith shall be punishable as provided in § 1-15 of Chapter 1, General Provisions. A separate offense shall be deemed committed on each day on which a violation or failure to comply continues to occur. Upon conviction, the license of the licensee shall become void and no such licensee shall transact the business of operating amusement or entertainment machines or devices in the Township of Byram.