Borough of Eatontown, NJ Pool and Billiard Parlors

It shall not be lawful for any person or persons to carry on or conduct the business of pool or billiard parlors within the Borough of Eatontown without having first obtained a license from the Borough Clerk in accordance with the provisions of this chapter.

§ 244-2 Application for license.

Every applicant for a license under the provisions of this chapter shall file with the Borough Clerk in duplicate a written application signed by the applicant or applicants, which application shall state:

The name and residence of the applicant, and, if a firm or association, partnership or corporation, the name and address of the officers and the registered agent or partners.

The detailed nature of the business to be conducted.

The place where the business is to be located and carried on.

If the applicant is not the owner of the site where the business is to be conducted, the owner's consent to the conduct of the business shall accompany the application.

Such application shall be accompanied by cash or a certified check payable to the order of the Borough of Eatontown in a sum equaling the whole license fee, which shall be returned in the event that the license is refused. If the license issued is for part of the license year, the fee shall be prorated on a monthly basis.

§ 244-3 Applications to be presented to Mayor and Council.

Every application filed with the Borough Clerk as provided herein shall be presented to the Mayor and Council not later than the second regular meeting following the filing of such application, at which meeting the Mayor and Council may act upon any application so presented, or at any subsequent meeting to which they shall defer action thereon, and no license shall be issued by the Borough Clerk until the issuance thereof has been duly approved by resolution adopted by the Mayor and Council; provided, however, that if the Mayor and Council do not take any action on said application by resolution, either granting or refusing to allow the license, within 60 days of the date on which it is first submitted to the Borough Clerk, then it shall be deemed that the granting of said license has been approved and the Clerk is hereafter authorized to issue said license upon the compliance by the applicant with all of the terms and conditions of this chapter.

§ 244-4 Issuance of license.

The Borough Clerk is hereby authorized to issue any such license upon compliance by the applicant with the provisions of this chapter and upon the payment by the applicant of the proper fee therefor as hereinafter provided.

§ 244-5 Expiration date; transfer prohibited.

Every such license shall remain in force and be valid until December 31 of the year in which issued unless otherwise provided herein, and shall apply only to the person or persons or corporation to whom granted and shall not be transferable.

§ 244-6 Display of license.

Every license issued hereunder shall be kept in a conspicuous place on the licensed premises and shall be produced and available for inspection whenever requested so to do by any official of the Borough of Eatontown, including police officers, health inspectors, members of the Board of Health, and any other law enforcement agency or agent thereof.

§ 244-7 Causes for refusal to grant, suspend or revoke license.

The Mayor and Council of the Borough of Eatontown may at any time refuse to grant or may suspend or revoke the license of any licensee on any one or more of the following grounds:

Failure to comply with or 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.

Violation of any ordinance of the Borough of Eatontown upon the licensed premises by the licensee or its agents, servants, employees or representatives.

If said license was originally procured by fraudulent conduct, or false statement of a material fact concerning applicant was not disclosed at the time of filing application, where such fact would have constituted just cause for refusing to issue said license.

Permitting or suffering any activity upon the licensed premises which is or may be detrimental to the public health, safety, welfare or morals. 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 refusal to grant revocation or suspension shall occur unless the licensee shall have been offered an opportunity to be heard concerning the matter.

§ 244-8 License fee.

The license fees of this chapter shall be as follows: Pool or billiard parlors (for each table): $10.

§ 244-9 Violations and penalties.

Any person, firm or corporation violating any of the provisions of this chapter shall, upon conviction thereof, be punishable by a fine of not more than $100 or imprisonment in the county jail for a term not to exceed 90 days, or both, in the discretion of the Magistrate, and, in addition thereto, the Mayor and Council may revoke any license granted hereunder or may suspend any license granted hereunder, after reasonable opportunity for the licensee to be heard, for any violation of any of the provisions of this chapter or any other ordinance of the Borough of Eatontown which may affect the operation of the licensee's business. In connection with the violation of this chapter, each day such violation shall be continued shall be deemed and taken to be a separate and distinct offense and violation thereof.