[HISTORY: Adopted by the Township Council of the Township of Washington 10-26-1995 by Ord. No. 26-1995 as Sec. 5-2 of the 1994 Code. Amendments noted where applicable.]
As used in this chapter the following terms shall have the meanings indicated:
- AMUSEMENT PARLOR OR ARCADE
- Any place or premises wherein four or more coin-operated amusement machines or devices are maintained for use and operated by the public.
- AUTOMATIC AMUSEMENT DEVICE
- Any machine which, upon insertion of a coin, slug, token, plate or disc, even though remotely controlled, may be operated by the public generally for use as a game, entertainment or amusement, whether or not registering a score, including, but not limited to, such devices as marble machines, pinball machines, skill ball, mechanical grab machines and all games, operations or transactions similar thereto under whatever name they may be indicated. It shall include coin-operated video machines or games or similar devices that use a display screen for points, lines and dots of light that can be manipulated to simulate games or other types of entertainment. It shall also include video audio/visual machines. It shall not include nor shall this chapter apply to music playing devices.
- Any person who supplies any automatic amusement device to another for use in his/her premises, whether under lease or any similar arrangement.
- Any person in whose premises any automatic amusement device is placed or kept for operation.
The purpose of this chapter is to license, regulate and control those automatic amusement devices which are operated for the purpose of making a profit.
No person shall maintain, operate or possess in any store, building or other place where individuals may enter, or in any building or other place wherein any club or organization meetings are held within the Township any automatic amusement device without first obtaining a license therefor.
No person shall operate or maintain an amusement parlor or arcade without first obtaining a license therefor.
At any one time there shall be only five amusement parlor or arcade licenses issued within the Township.
Notwithstanding the above, the Township Council may issue an unlimited number of nontransferable arcade licenses at their sole discretion for use in enclosed malls, skating rinks and similar premises.
In addition to the information required by § 133-1, the application for the license shall contain the following:
Name under which the place is being operated and the location of the same.
Number and type of alcoholic beverage license, where applicable.
Number and type of machine sought to be licensed.
Location where each automatic amusement game is to be located.
Name and address of the person from whom each device is to be purchased, rented or otherwise obtained.
Description of each automatic amusement game sought to be licensed, including for each device, the name of the manufacturer, model number and serial number.
Terms of agreement governing the acquisition and installation of such automatic amusement game.
Information indicating whether the distributor, the applicant or any person connected with the operation of the place wherein the game or device is to be installed has ever been convicted of any crime or found guilty of the violation of any ordinance or gaming.
The number of automatic amusement devices that may be located in any one location shall be governed by the physical space available in any business location for the use of such devices.
The following rules shall govern the location within all business premises of automatic amusement devices:
Each device shall be located and placed so that it does not obstruct or interfere with the free and unfettered passage to and from the premises of patrons or users of the premises.
Each device shall have an unobstructed perimeter zone or distance of one foot around the sides of the three linear borders of such device wherein the users of such device may use, watch or wait to use said device. The area which is required hereunder for each such machine shall not be encroached upon by the area of any other machine. It is the intent of this section that for purposes of preventing overcrowding and assuring safe passage of the general public that each machine shall have its own unobstructed perimeter zone.
No games subject to this chapter may be operated within 500 feet of a school property up to the 12th grade or a house of worship. The distance shall be measured for similar restrictions imposed and as interpreted for alcoholic-beverage-licensed premises by the Alcoholic Beverage Commission. This section shall not be construed to require the removal of any automatic amusement devices which are licensed and in place as of July 14, 1982.
All licenses issued under this chapter shall be for a term of one year, commencing on April 1 of the year of issuance and expiring the following March 31.
A license may be transferred from one machine to another by giving notice to the Township Clerk to that effect and giving a description of the new machine, including manufacturer, model number and serial number. Any transfer of an arcade must be approved by the Township Council after site plan review approval.
No person shall, in his/her place of business, permit gambling in connection with the playing of any mechanical amusement game or permit playing of a device by minors under the age of 13 years unless such minor is in the company of an adult.
An automatic amusement device may only be used or operated during the hours of operation of the premises in which located and when the operator or an employee of the operator is present in the premises.
The Fire Marshal and Construction Code Official may inspect the premises to determine whether such premises comply with the existing fire and construction regulations of the Township. The Chief of Police, the Fire Marshal and all Construction Code Officials, upon completion of their inspection, shall attach to the application their written reports.
Upon receipt of the application and inspection reports, if any, the Township Council shall proceed to consider the same and shall either approve or disapprove the issuance of the license to the applicant. If the applicant is approved, the Township Council authorizes the Township Clerk to issue the necessary license upon the receipt of the license fee or fees as herein provided.
In addition to the provisions of § 133-10 of this Code, anytime after the granting of such license, the Township Council may, in the reasonable exercise of their discretion, revoke the same, if after a hearing they find:
Gambling on the premises.
Failure to maintain good and safe conduct on the premises.
The presence of the machines resulting in gambling, obscene and loud language disturbing to the public or to the other patrons of the premises, creating of a nuisance, excessive noise, litter, traffic or rowdyism by the patron.