Township of Andover, NJ Chapter 16 Amusements

[HISTORY: Adopted by the Township Committee of the Township of Andover by Ord. No. 82-9 (§ 7-8 of the 1973 Code); as amended through Ord. No. 83-42. Subsequent amendments noted where applicable.]

GENERAL REFERENCES

General penalty — See Ch. 1, Art. II.

Games of chance — See Ch. 63.

§ 16-1 License required.

No person shall display, place, maintain or keep for operation any amusement machine, as defined in § 190-4, on or within any public place where permitted under the provisions of Chapter 190, Zoning, without having first obtained a license for the premises from the Township Committee and without having first paid the required fee for such machines.

§ 16-2 Application.

A. An application, sworn to by the applicants, to license a premises for use and operation of amusement machines, either as a primary or accessory use, shall be filed annually with the Township Clerk on forms supplied by the Clerk.

B. The forms shall require the following information and such additional information as deemed necessary:

(1) Name of applicant and address.

(2) Address of the premises where the machines are to be maintained, operated or used and the operating area by square footage as set forth in Subsection 15-7.12, Paragraphs b.1 and 2.[1]

[1] Editor's Note: This reference is to the former Zoning Ordinance codified in Chapter XV of the 1973 Code. It was superseded 7-30-2001 by Ord. No. 2001-10 which is included in Ch. 190, Zoning, of this Code and which does not contain a corresponding section.

(3) Number of machines to be installed on premises.

(4) Whether the applicant, or any partner, officer, director, or stockholder owning more than 10% of the outstanding shares thereof, has been convicted of:

(a) A crime.

(b) A violation of any ordinance involving gambling.

(c) A violation of this article.

(5) Consent of owner or lessee of said premises if other than applicant.

§ 16-3 Investigation of applicant.

[Amended by Ord. No. 83-42]

A. When the aforesaid original application or renewal is properly filled out and signed by the applicant, the duplicate thereof will be referred to the Chief of Police, if the applicant shall have answered any of the items required to be answered in § 16-2B(4)(a) through (c) in the affirmative who shall then make or cause to be made an investigation of the applicant's business responsibility and moral character to determine his fitness to hold the license.

B. The Chief of Police shall issue a report of such investigation to the Township Committee, which report shall address but not be limited to the following areas:

(1) Conviction of any crime.

(2) Conviction of any misdemeanor.

(3) False statements contained in the application.

(4) Evidence of bad character or moral turpitude.

(5) Prior performance under this chapter.

(6) Condition and location of property.

§ 16-4 Issuance, denial and display of license.

A. The Township Committee shall review the annual application and investigation report of each applicant. The Committee shall approve or deny the application, taking into consideration the factors set forth in § 16-3B and testimony adduced at the hearing.

B. Any applicant who is denied a license may, in writing, request a hearing on the same before the Township Committee.

C. The license shall be displayed in a conspicuous place on the premises prior to the opening of the premises for business.

§ 16-5 Fees.

[Amended by Ord. No. 83-6; Ord. No. 83-42]

A. The annual license fee for each and every premises on which amusement machines are located shall be $25.

B. In addition to Subsection A above, there shall be an annual fee of $10 per machine.

C. If an investigation is necessary as provided for under § 16-3, the applicant shall deposit with the Township Clerk, upon request, the sum of $250 for the purpose of paying all out-of-pocket expenses incurred by the Township in making the investigation. Any balance of deposit money after completion of the investigation shall be returned to the applicant.

D. The annual license fee and the per-machine fee required in this section shall be due and payable on or before January 1 of each year. Said license shall be issued for the calendar year commencing January 1 and expiring December 31. Said license shall be renewed annually on or before December 31 by the filing or a written application accompanied by the annual license fee and per-machine fee for each renewal. The license fee and per-machine fee for any license issued in any calendar year after July 1 shall be 1/2 of the annual and per machine fees.

§ 16-6 Hours of operation.

A. All amusement machines licensed in primary establishments under this chapter shall be operated only during the following hours:

(1) Monday through Thursday: 11:00 a.m. to 11:00 p.m.

(2) Friday: 11:00 a.m. to 12:00 midnight.

(3) Saturday: 10:00 a.m. to 12:00 midnight.

(4) Sunday: 12:00 noon to 10:00 p.m.

B. No premises wherein the operation of amusement machines is the primary or accessory use shall permit children under 18 years of age to operate any amusement machines prior to 3:00 p.m. on Monday through Friday when the schools of Andover Township are in session.

§ 16-7 Supervision.

In all premises wherein the operation of amusement machines is the primary use, the licensee shall employ one or more adult supervisors, one of whom shall be present at all times when the premises are in operation, and whose sole responsibility shall be the control and supervision of the games and the patrons of the premises. A current list of said supervisors shall be filed with the Township Police Department. In all premises wherein the operation of amusement games is an accessory use, the licensee or a designated employee may serve as supervisor in addition to other duties.

§ 16-8 Notice of adoption.

The Township Clerk is hereby directed to give notice at least 10 days prior to the hearing on the adoption of this chapter to the County Planning Board and to all others entitled thereto pursuant to the provisions of N.J.S.A. 40:55D-16. Upon the adoption of this chapter after public hearing thereon the Township Clerk is further directed to publish notice of the passage thereof and to file a copy of this chapter as finally adopted with the Sussex County Planning Board as required by N.J.S.A. 40:55D-16.