Borough of Oceanport, NJ
Monmouth County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the Borough of Oceanport as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Games of chance — See Ch. 236.
Noise — See Ch. 267.
Peace and good order — See Ch. 284.
[Adopted 3-3-1983 by Ord. No. 470 (Ch. 23 of the 1970 Code)]

§ 121-1 Definitions.

As used in this article, the following terms shall have the meanings indicated:
AUTOMATIC AMUSEMENT DEVICE
Any machine which, upon 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, dots of light that can be manipulated to simulate games or other types of entertainment. It shall not include nor shall this article apply to music-playing devices.
DISTRIBUTOR
Any person who supplies any automatic amusement device to another for use in his premises, whether under lease or any similar arrangement.
OPERATOR
Any person in whose premises any automatic amusement device is placed or kept for operation.
PERSON
Any person, firm, corporation, partnership or association.

§ 121-2 Purpose.

The purpose of this article is to license, regulate and control those automatic amusement devices which are operated for the purpose of making a profit. The objective of this article 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, loitering or the creation of an unhealthy atmosphere for the youth of the community or other foreseeable, undesirable effects of such devices.

§ 121-3 License required; exemptions.

A. 
Permit; license required. No person shall maintain or operate for profit in any store, building or other place where the general public is invited to enter, or in any building or other place wherein any club or organization meetings are held, within the Borough of Oceanport any automatic amusement device without first obtaining a license therefor.
B. 
Exemptions. The license requirements of this article shall not apply to any church, fraternal, civic, social or veterans organization or other religious groups, charitable or nonprofit organization which operates any coin-controlled amusement device for the use of its members and their guests and on premises owned or controlled by it.

§ 121-4 Application for license.

A. 
All applications for a license under this chapter shall be made and delivered to the Borough Clerk on forms to be supplied for the purpose and shall be subscribed and sworn to by the applicant.
B. 
The application for the license shall contain the following:
(1) 
Name and address of the applicant.
(2) 
Name under which the place is being operated and the location of the same.
(3) 
Number and type of alcoholic beverage license, where applicable.
(4) 
Number and type of machines sought to be licensed.
(5) 
Location where each automatic amusement game is to be located.
(6) 
Name and address of the person from whom each device is to be purchased, rented or otherwise obtained.
(7) 
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) 
The name and residence address of the manager and/or other person principally in charge of the operation of the business premises.

§ 121-5 Limitations on number and location of machines.

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, except that the maximum number of automatic amusement devices per establishment shall be three.
B. 
The following rules shall govern the location within all business premises of automatic amusement devices:
(1) 
Each device shall be located at least 10 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 four feet around the sides of the three 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 article that, for purposes of preventing overcrowding and assuring safe passage of the general public, each machine shall have its own unobstructed perimeter zone.

§ 121-6 Fees.

The fee for all applications for licenses pursuant to this article shall be $25 in addition to a licensing fee of $25 per year.

§ 121-7 License term; transferability; renewal.

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 Borough 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 Borough 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.
C. 
An application for renewal shall be submitted to the Borough Clerk no later than November 1, together with a renewal fee.

§ 121-8 Gambling prohibited; supervision required.

A. 
No person shall, in his place of business, permit gambling in connection with the playing of any mechanical amusement game.
B. 
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.

§ 121-9 Investigation of applicant and premises.

The Chief of Police 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 Fire Marshal shall inspect the premises to determine whether the proposed automatic amusement devices comply with the requirements of this article. The Chief of Police and the Fire Marshal shall, upon completion of their inspection, either approve or disapprove the issuance of the license to said applicant. If the applicant is approved, the Borough Clerk shall issue the necessary license upon the receipt of the license fee or fees as herein provided.

§ 121-10 Revocation of license; posting of license.

A. 
Revocation of license. Anytime after the granting of said license, the Chief of Police or the Fire Marshal may recommend to the Mayor and Council that it revoke the same if, after the hearing, it finds that:
(1) 
There is gambling on the premises;
(2) 
The information furnished by the applicant on the application was false or incorrect;
(3) 
There has been a violation of the laws of the State of New Jersey or of this or other ordinances of the Borough of Oceanport; or
(4) 
The presence of the machines has resulted in obscene and loud language disturbing to the public or to other patrons of the premises or has created a nuisance, excessive noise, litter, traffic or rowdyism by patrons.
B. 
Posting and displaying. An operator's license granted pursuant to this article shall:
(1) 
Be posted in a conspicuous place of the location for which said license was granted.
(2) 
State the name and address of the licensee.
(3) 
State the manufacturer, model number and serial number for each and every mechanical amusement game for which said license was issued.

§ 121-11 Violations and penalties.

Any person who violates any provision of this article shall, upon conviction thereof, be punished as set forth in Chapter 1, § 1-15, General penalty. Each day that a violation occurs or is committed shall constitute a separate offense.
[Adopted 6-4-1998 by Ord. No. 705 (Ch. 41B, Art. II, of the 1970 Code); amended in its entirety 4-17-2000 by Ord. No. 732]

§ 121-12 Purpose.

[Amended 6-5-2008 by Ord. No. 844]
A. 
The Amusement Games Licensing Law (N.J.S.A. 5:8-100 et seq.) provides that owners and operators of any amusement games, as that term is defined by New Jersey law, must be licensed by the municipality within which such games are to be operated and conducted. The licensing requirement also applies to any organization wishing to hold an agricultural fair or exhibition within any municipality (N.J.S.A. 5:8-121).
B. 
Pursuant to N.J.A.C. 13:3-1.13, any municipality wishing to issue licenses of this nature to a licensee other than an amusement park or agricultural fair and exhibition must be a designated seashore resort.
C. 
It is hereby determined, declared and found that the Borough of Oceanport ("the Borough"), having substantial frontage on the Shrewsbury River, which has been deemed a tidal estuary by the Army Corps of Engineers, and being home to the Monmouth Park Race Track, which provides significant recreation and entertainment to residents and visitors alike, the Borough is, pursuant to N.J.A.C. 13:3-1.1, a seashore resort for purposes of issuing licenses with regard to games of chance.

§ 121-13 Definitions.

As used herein, the following terms shall have the meanings indicated:
AGRICULTURAL FAIR OR EXHIBITION
An event conducted by an association organized and approved by the New Jersey Department of Agriculture for the participation in any or all state-sponsored programs relative to the promotion of agriculture and the advancement of agriculture interests in New Jersey.
AMUSEMENT GAME(S)
Any game of skill or chance, or both, meeting the definition of those terms set forth in N.J.S.A. 5:8-101.
BOROUGH
The Borough of Oceanport.
COMMISSION
The New Jersey Legalized Games of Chance Control Commission.
LICENSEE
The holder of a license pursuant to this article.
PERSON
An individual, sole proprietorship, partnership, corporation, joint venture, unincorporated association and the like.

§ 121-14 License required.

[Amended 6-5-2008 by Ord. No. 844]
It shall be unlawful for any person to own and operate any amusement game within the Borough without having first obtained a license to do so from the Borough.

§ 121-15 License term; fee.

A. 
All licenses shall be issued for the term set forth therein, but each license shall expire on December 31 of the year in which it is issued.
B. 
There shall be a nonrefundable license fee of $5 for each license issued, but if the term of any agricultural fair or exhibition exceeds 30 days, the nonrefundable license fee shall be $50.
C. 
All licenses shall be issued by resolution of the Borough Council.

§ 121-16 Application for license; issuance.

A. 
All applications for licenses shall be submitted to the Borough Clerk on forms supplied by the Commission.
B. 
Applicants for the licenses shall be investigated by the Borough Police Department and they or their principals or shareholders may be subject to fingerprinting.
C. 
No license shall be issued to any applicant if any of the principals or shareholders associated therewith are not of good moral character or have been convicted of a crime, unless such disqualification resulting from such conviction has been removed by the Commission.
D. 
No license shall be issued for any premises licensed under any alcoholic beverage license.

§ 121-17 Conduct of amusement games; hours.

A. 
Amusement games may be operated only on those days when there is conducted an agricultural fair or exhibition within the Borough.
B. 
No amusement games may be operated prior to 10:00 a.m. and after 12:00 midnight on any day.

§ 121-18 Insurance requirement.

Any association organized and approved to conduct an agriculture fair or exhibition must obtain comprehensive liability insurance coverage satisfactory to the Borough which names the Borough as an additional insured therein. No amusement games licenses will be issued without proof of such insurance coverage.

§ 121-19 License revocation or suspension; violations and penalties.

A. 
Any licensee who violates the provisions of this article, the Amusement Games Licensing Law or the rules and regulations of the Commission shall, after hearing before the Borough Council, be subject to having said license revoked or suspended.
B. 
In addition to the provision of Subsection A hereof, any person convicted in Municipal Court of violating any of the provisions of this article shall be subject to a penalty as set forth in Chapter 1, § 1-15, General penalty.