[HISTORY: Adopted by the Township Committee
of the Township of Franklin 2-22-1983 by Ord. No. O-1-83. Amendments
noted where applicable.]
As used in this chapter, the following terms
shall have the meanings indicated:
Any machine which, upon the insertion of a coin, slug, token,
plate or disc, 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 video-type games or machines, 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 not include nor shall this chapter apply to music-playing
devices, pool tables, indoor or outdoor batting cages and indoor or
outdoor golf facilities.
[Amended 3-25-2003 by Ord. No. O-1-2003]
Any person who supplies any automatic amusement device to
another for use on his premises, whether under lease or any similar
arrangement.
Any person on whose premises any automatic amusement device
is placed or kept for operation.
Any person, firm, corporation, partnership or association.
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. The objective of this chapter is to
regulate the business of amusement devices so as to prevent nuisances
to patrons and the public, fire hazards from overcrowding, poor ingress
and egress at premises where amusement devices are located, the promotion
of gambling or loitering or the creation of an unhealthy atmosphere
for the youth of the community or other foreseeable undesirable effects
of such devices.
A.
License required. 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 of Franklin any automatic amusement
device without first obtaining a license therefor.
B.
Exceptions. No portion of this chapter shall apply
to an individual operating any type of amusement device or vending
machine, which operation is confined to that individual's private
dwelling and not for profit.
A.
Applications for a license under this chapter shall
be made and delivered to the Township Clerk on forms to be supplied
for that purpose and shall be subscribed and sworn to by the applicant.
B.
The application for the license shall contain the
following:
(1)
The name and address of the applicant.
(2)
The name under which the place is being operated and
the location of the same.
(3)
The number and type of alcoholic beverage licenses,
where applicable.
(4)
The number and type of machines sought to be licensed.
(5)
The location where each automatic amusement game is
to be located.
(6)
The name and address of the person from whom each
device is to be purchased, rented or otherwise obtained.
(7)
A description of each automatic amusement game sought
to be licensed, including, for each device, the name of the manufacturer,
model number and serial number.
(8)
Terms of agreement governing the acquisition and installation
of said automatic amusement game.
(9)
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 pertaining
to gambling or gaming.
(10)
Any other information which the Zoning Officer may
deem reasonably necessary and proper for the full protection of the
interest of the patrons or the public in the application.
A.
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 said devices.
B.
The following rules shall govern the location within
all business premises of automatic amusement devices:
(1)
Each device shall be located at least five feet from
the entranceway to the premises in which 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.
(2)
Each device shall have an unobstructed perimeter zone
or distance of one foot around the sides of the linear borders of
said device wherein the users of said 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 chapter that for purposes of preventing
overcrowding and assuring safe passage of the general public that
each machine shall have its own unobstructed perimeter zone.
C.
No games subject to this chapter may be operated within
500 feet of a school 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 of this chapter shall not be construed
to require the removal of any automatic amusement devices which are
in place as of the effective date of this chapter.
[Amended 3-25-2003 by Ord. No. O-1-2003]
A.
The fee for all applications for licenses pursuant
to this chapter shall be $30 in addition to all licensing or transfer
fees.
A.
All licenses issued under this chapter shall be for
a term of one year, commencing on January 1 and expiring on December
31 of the year of issuance.
B.
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. A license may be transferred from one place to
another by giving notice to the Township Clerk to that effect and
supplying the required information as to the new premises. There shall
be a fee for all transfers from one place to another in the amount
of $25 per place or transfer.
D.
A licensee
who fails to submit a renewal application by December 31 shall pay,
in addition to the annual license fee, a late charge of $50. The late
charge shall not be the exclusive penalty, but shall be in addition
to any other penalties provided for in this chapter.
[Added 10-14-2014 by Ord. No. O-30-2014]
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
on the premises.
The Zoning Officer of the Township of Franklin
(hereinafter referred to as "Zoning Officer") or his designee may
make an investigation of the premises and the applicant to determine
the truth of the facts set forth in the application. The Zoning Officer
may inspect the premises to determine whether said premises comply
with ordinances and other regulations of the Township of Franklin
and State of New Jersey. The Zoning Officer may, upon completion of
his inspection, attach to said application his report therein in writing.
Upon receipt of said application and inspection report, if any, the
Zoning Officer shall proceed to consider the same and shall either
approve or disapprove issuance of the license to said applicant. If
the application is approved, the Township Zoning Officer authorizes
the Township Clerk to issue the necessary license upon the receipt
of the license fee or fees as herein provided.
A.
Revocation of license. Any time after the granting
of said license, the Zoning Officer may, in the reasonable exercise
of his discretion, revoke the same if, after hearing, he finds:
(1)
Gambling on the premises.
(2)
False or incorrect material on the application or
information furnished by the applicant.
(3)
Failure to maintain good and safe conduct on the premises.
(4)
Violation of the laws of the State of New Jersey,
or of this or other ordinances of the Township of Franklin.
(5)
The presence of the machines results in gambling,
obscene and loud language disturbing to the public or to other patrons
of the premises, creating of a nuisance, excessive noise, litter,
traffic or rowdyism by the patron.
B.
Posting and displaying. An operator's license granted
pursuant to this chapter shall:
Any person who violates any provision of this
chapter shall, upon conviction thereof, be punished by a fine not
exceeding $500 or by imprisonment for a term not exceeding 90 days,
or both. Each day that a violation occurs or is committed shall constitute
a separate offense.
