[HISTORY: Adopted by the Mayor and Council of the Borough of Oceanport
as indicated in article histories. Amendments noted where applicable.]
[Adopted 3-3-1983 by Ord. No. 470
(Ch. 23 of the 1970 Code)]
As used in this article, the following terms shall have the meanings
indicated:
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.
Any person who supplies any automatic amusement device to another
for use in his premises, whether under lease or any similar arrangement.
Any person in whose premises any automatic amusement device is placed
or kept for operation.
Any person, firm, corporation, partnership or association.
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.
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.
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.
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.
The fee for all applications for licenses pursuant to this article shall
be $25 in addition to a licensing fee of $25 per year.
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.
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.
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.
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:
[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]
[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.
As used herein, the following terms shall have the meanings indicated:
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.
Any game of skill or chance, or both, meeting the definition of those
terms set forth in N.J.S.A. 5:8-101.
The Borough of Oceanport.
The New Jersey Legalized Games of Chance Control Commission.
The holder of a license pursuant to this article.
An individual, sole proprietorship, partnership, corporation, joint
venture, unincorporated association and the like.
[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.
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.
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.
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.
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.
