Borough of Paramus, NJ
Bergen County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Borough Council of the Borough of Paramus 5-14-1969 by Ord. No. 608 (Ch. 4, Art. 2, of the 1969 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Amusement businesses — See Ch. 161.
Bowling alleys — See Ch. 175.
Noise — See Ch. 309.
Zoning — See Ch. 429.
No person shall 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" or similar games are played without first having obtained a license therefor from the Mayor and Council as hereinafter provided, except as provided in § 331-11.
An application for a license shall be filed with the Borough Clerk, with an original and five copies, on forms to be furnished by him, which forms shall include the following information:
A. 
The name and address of the applicant.
B. 
In case of a partnership, the names and addresses of all partners.
C. 
In case of a corporation, the names and addresses of the officers, directors and all stockholders presently holding stock and all persons holding stock for a period of six months prior to the making of said application.
D. 
In the case of clubs or associations, the names and addresses of all officers.
E. 
The names and addresses of proposed employees.
F. 
Whether or not any of the persons named in the application have ever been convicted of a crime, and the details thereof.
G. 
The location of the premises to be licensed; size of the room; entrances and exits thereto; proposed floor plan of arrangement of the tables and the location of the room in the building, i.e., floor, front or rear, basement, etc. For the aforesaid purpose the applicant shall submit a drawing including all dimensions, but which need not be drawn to scale.
H. 
The number of pool tables and billiard tables to be located upon the premises to be licensed.
A. 
When an application is made to renew an outstanding license issued hereunder, upon certification by the applicant that all of the information as required is the same as that contained in the original application, no further information need be supplied. If there is any change, a new application form must be completed in all respects. The Borough Clerk shall provide forms for such renewal applications and certifications.
B. 
Upon receipt of an application to renew an outstanding license as provided in Subsection A hereof, the provisions required by § 331-4 shall not apply, but each such renewal application shall require a resolution of the Mayor and Council approving such application and all license fees as required by § 331-6 shall be paid.
No license shall be issued until the fulfillment of the following requirements:
A. 
Upon receipt of an application for a license, the Borough Clerk shall transmit copies thereof to the Police Chief, Chief of the Fire Department, Building Inspector and Health Officer, each of whom shall investigate the applicant and proposed licensed premises in accordance with their respective jurisdictions and in accordance with such rules and regulations as may, from time to time, be promulgated. They shall report back, in writing, to the Borough Clerk their findings of fact and recommendations.
B. 
Every applicant for a license shall cause a notice of the making of such application to be published in a form to be supplied by the Borough Clerk to such applicant once a week for two weeks successively in a newspaper printed in the English language published and circulating in the Borough. Proof of such publication shall be presented to the Borough Clerk.
C. 
The Borough Clerk shall complete whatever additional investigation is required by the terms of this chapter, having a reasonable time within which to do so, and at the completion thereof shall transmit to the Mayor and Council all materials and information in his possession concerning the license application.
A. 
All licenses herein provided for shall be issued by the Borough Clerk only after a resolution of the Mayor and Council shall have been adopted approving said application and only after payment of the license fees therefor.
B. 
All licenses shall be valid for a term commencing on the first day of July of each year and expiring on the 30th day of June of the year following, unless sooner revoked.
The license fee for each pool or billiard room or place shall be as follows:
A. 
For the first table: $100.
B. 
For each additional table: $25.
A. 
Licenses issued under this chapter shall set forth:
(1) 
The date of issue.
(2) 
The name of the licensee.
(3) 
The location of the licensed premises.
(4) 
The number and kind of tables authorized for the licensed premises.
B. 
Upon the issuance of the license, the licensee shall also receive a card upon which shall be reproduced a copy of this chapter and the face of which shall contain a sign in bold print, not less than two inches in height per letter, giving notice that no person under the age of 16 years is permitted as a participant in the licensed game. The licensee shall post and display said card in a conspicuous place in the premises licensed under this chapter.
A. 
No license issued under this chapter shall be assigned or transferred from person to person or from place to place.
B. 
The number of licenses issued under the authority of this chapter shall be limited to not more than one license for each 10,000 persons of population in the Borough as shown by the last then-preceding federal census.
A. 
No license shall be issued for premises in any zone as prescribed by Chapter 429, Zoning, unless that use is permitted in said zone or unless the applicant for such license has obtained a variance from the provisions of Chapter 429, Zoning, in accordance with law.
B. 
Notwithstanding that such use is permitted by Chapter 429, Zoning, or by a variance therefrom according to law, no license shall be issued for premises situated within 1,000 feet of any public or private school, church or other house of worship.
The following rules, regulations and prohibited practices shall be applicable to the operation of the licensed premises:
A. 
No person under the age of 16 years shall be permitted upon the licensed premises unless accompanied by his parent or guardian. No person under the age of 16 years shall be permitted to play in the licensed premises.
B. 
No person under the age of 21 years shall be employed by the licensee in any capacity in or upon the licensed premises.
C. 
The licensee shall not admit any intoxicated or disorderly person into or upon the licensed premises or permit such person to remain therein.
D. 
No licensee shall be permitted to conduct his business in a disorderly manner or contrary to the peace and security of the community. Encouraging or permitting loitering within the licensed premises or on public or private property outside of and immediately adjacent to the licensed premises shall be considered for the purpose of this chapter as conducting the business in a disorderly manner.
E. 
No licensee shall permit or allow any person to play pool or billiards or similar games for any money or any other valuable consideration.
F. 
No licensee shall permit card playing on the premises licensed under this chapter, even though such card playing is for social purposes.
G. 
No licensee shall permit any person to cause any noise or loudness of such a nature to disturb the peace and quiet in, upon and around the licensed premises.
H. 
No licensee shall permit any of the entrances of the licensed premises to be locked during the hours when the business is being conducted.
A. 
This chapter shall not apply to any religious, charitable, benevolent or nonprofit organization or corporation or private golf or country club which operates and maintains pool or billiard tables 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 or defeating the terms and provisions of this chapter.
B. 
This chapter shall not apply to the keeping of any pool or billiard tables in a private residence.
C. 
Other than payment of the annual license fee set forth in § 331-6, the issuance and display of the card described in § 331-7B and compliance with the regulations set forth in § 331-10, the remaining provisions of this chapter shall not apply to the keeping of not more than one pool or billiard table as an incidental use on premises for which a plenary retail consumption license has been issued under the provisions of the alcoholic beverage laws and ordinances. Where a plenary retail consumption license premises contains two or more tables, the entire chapter will be applicable.
A. 
In addition to the penalties hereinafter prescribed, the Mayor and Council, after notice and hearing, 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, his agents, servants, employees or representatives.
(2) 
Violation of the rules and regulations specifically applying to the licensed premises herein set forth or the violation of any other ordinance of the Borough upon the licensed premises by the licensee, his agents, servants, employees or representatives.
(3) 
If said license was procured by fraud, misrepresentation or false statement of a material fact, or failure to disclose a material fact at the time of the filing of said application, where such fact would have constituted just cause for refusal to issue said license.
(4) 
Permitting or suffering any activity upon the premises which might be detrimental to the public health, safety, welfare or morals.
B. 
In all such cases written notice of the charge or charges and the time and place of the hearing thereon shall be served upon the licensee, either in person or by certified mail addressed to the licensed premises. No revocation or suspension shall occur unless the licensee shall have been afforded a full opportunity to be heard in defense of such charge or charges.
C. 
In the event of revocation or suspension of said license, the licensee shall not receive a refund of any portion of the annual license fee.
[Amended 11-24-1992 by Ord. No. 92-23; 3-14-2006 by Ord. No. 06-2]
Any person who violates any provision of this chapter shall, upon conviction, be subject to the penalties provided by § 1-15 of this Code. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.