Borough of Chester, NJ
Morris County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the Borough of Chester 4-3-1980 as Sec. 4-1 of the 1980 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Fees — See Ch. 127.
Games of chance — See Ch. 144.

§ 88-1 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
COIN-OPERATED AMUSEMENT DEVICE
Any amusement machine or device operated by means of the insertion of a coin, token or similar object for the purpose of amusement or skill and for the playing of which a fee is charged. The term does not include vending machines in which are not incorporated gaming or amusement features, but does include any coin-operated mechanical musical devices, such as jukeboxes.
PROPRIETOR
Any person, firm, corporation, partnership, association or club who, as the owner, lessee, or operator, has under his or its control any establishment, place or premises in or at which a coin-operated amusement device or devices are placed or kept for use or play, or on exhibition for the purpose of use or play.

§ 88-2 Licenses required.

A. 
No person or other entity shall engage in the business of proprietor of coin-operated amusement device or devices as the terms are herein defined in any store, shop, tavern, restaurant or other place of business within the borough, without first having obtained a proprietor's license.
B. 
No person or other entity shall place or keep for use or play or on exhibition for the purpose of use or play in any store, shop, tavern, restaurant or other place of business a coin-operated amusement device for which a machine license shall not have been issued.

§ 88-3 Proprietor's license.

[Amended by Ord. No. 81-4; Ord. No. 96-06]
The license fee for each proprietor shall be as established in Chapter 127, Fees, Article I, for each place of business at which a coin-operated amusement device or devices shall be set up for operation, leased or exhibited or otherwise provided for the purpose of operation by another. All proprietor's license fees shall be payable annually in advance, provided that where application is made after the expiration of any portion of any license year, a license may be issued for the remainder thereof upon payment of the full annual fee. In no case shall any portion of the license fee be refunded to the licensee. Proprietor's licenses shall expire on December 31 of the year for which the licenses were issued. The license fee for annual renewal of such license shall be as established in Chapter 127, Fees, Article I, in the event there has been no change in the officers or owners of any interest in the proprietor. In no event shall a proprietor's license be transferable.

§ 88-4 Coin-operated amusement device license fee.

[Amended by Ord. No. 81-4; Ord. No. 96-06]
The license fee for each coin-operated amusement device as herein defined shall be as established in Chapter 127, Fees, Article I, per year for each device used or played, or exhibited for use or play. All coin-operated amusement device license fees shall be payable annually in advance, provided, that where application is made after the expiration of any portion of any license year, a license may be issued for the remainder thereof, upon payment of the full annual fee. Coin-operated amusement device licenses shall expire on December 31 of the year for which the licenses shall be transferable upon written application filed with the Municipal Clerk and upon the payment of a fee as established in Chapter 127, Fees, Article I.

§ 88-5 Applications for licenses.

A. 
Application for a proprietor's license hereunder shall be filed in writing with the Municipal Clerk, on a form to be provided by the borough, and shall specify:
(1) 
The name and address of the applicant, and if a firm, corporation, partnership or association, the principal officers and owners of an interest in excess of 10%, and their addresses.
(2) 
The address and area of the premises where the licensed device or devices are to be operated together with the character of the business as carried on at such place.
(3) 
The trade name and general description of the device or devices to be used, the name and address of the supplier or suppliers thereof, and the number of devices to be used which number shall be endorsed on the proprietor's license.
(4) 
The proper license fee shall accompany each and every such application.
(5) 
Such other information as shall be necessary to investigate and evaluate the standards specified in § 88-6 hereof.
B. 
Application for a coin-operated amusement device license hereunder shall be filed in writing with the Municipal Clerk, on a form to be provided by the borough, and shall specify:
(1) 
Name and address of proprietor and address of licensed premises of proprietor and proprietor's license number.
(2) 
The manufacturer's serial number, cost of play, dimensions and means of operation of the coin-operated amusement device to be licensed.
(3) 
The name and address of the owner, lessor, lessee, bailee, lien-holder or any other person having a pecuniary or proprietary interest in the coin-operated amusement device.
(4) 
If such application shall be for a transfer of a coin-operated amusement device the number of the license to be transferred.
(5) 
In no event shall a license for a coin-operated amusement device be issued to other than a proprietor licensed hereunder.

§ 88-6 Licensing standards.

Upon receipt of an application for a license to be a proprietor, as herein defined, of any coin-operated amusement device, the Clerk shall notify the Mayor and Council of the borough which shall make, or cause to be made, an investigation within 45 days of the time of receipt of the application. Such investigation shall include, but need not be limited to the following:
A. 
The health officer shall make, or cause to be made, an inspection, with regard to such licenses, of the premises at which the coin-operated amusement device is proposed to be located. Such inspection shall consider the preventing of nuisances, the control of the spread of disease, the protection of the public health and such other considerations as are consistent with the regulations as set forth in § 88-9 of this chapter.
B. 
The Building Inspector shall make or cause to be made such inspections as are relative to the construction and safety of the building or other structures proposed as the premises at which any coin-operated amusement device is to be located.
C. 
The Chief of Police shall make or cause to be made such additional investigations as are required to ensure that the regulations as set forth in § 88-9 of this chapter will be complied with by the applicant at the proposed location; to further ensure that the safety and welfare of the public will be protected and provided for by the applicant at the proposed location; and, to investigate such other considerations as are consistent with the regulations.
D. 
The Mayor and Council may make such further investigations of the applicant as they may deem necessary.

§ 88-7 Increasing number of devices; transferring of licenses.

[Amended by Ord. No. 96-06]
A. 
In the event the proprietor licensed under the provisions of this chapter desires, after the expiration of any portion of any license year, to increase the number of devices to be used or played, or exhibited for use or play in his establishment, he shall file an amendment to his original application, filed pursuant to § 88-5A hereof, and surrender his proprietor's license to the Municipal Clerk, who shall issue a new license showing the number of devices licensed thereunder, upon payment of a filing fee as established in Chapter 127, Fees, Article I, to increase the number of devices and upon the issuance pursuant hereto of coin-operated amusement device licenses for each new coin-operated amusement device.
B. 
In the event a proprietor licensed hereunder desires to transfer a coin-operated amusement device license from one device to another he shall file an application therefor pursuant to § 88-5B hereof and surrender his coin-operated amusement device license to the Municipal Clerk who shall issue a new license identifying the substituted device upon payment of a transfer fee as established in Chapter 127, Fees, Article I.

§ 88-8 Evidence of ownership to be filed with Clerk.

Any proprietor who owns such device or devices at the time this chapter becomes effective shall file with the Municipal Clerk evidence of such ownership prior to the issuance of a license; and any proprietor purchasing a device or devices after the effective date of this chapter shall file with the Municipal Clerk evidence of ownership thereof, before exhibiting or placing the device or devices for use or play.

§ 88-9 Regulations.

[Amended by Ord. No. 80-14]
A. 
Premises used for the business of a proprietor of coin-operated amusement devices must be kept in a clean and sanitary condition and shall provide such toilet facilities as may be required by law. No refuse of any kind shall be permitted to accumulate on such premises; the premises shall have suitable and convenient and sanitary receptacles for receiving waste and trash materials and other refuse; and, the premises must be kept free from rats, mice and vermin. The floors or other surfaces around, beneath or adjacent to any coin-operated amusement device shall be kept in a clean and sanitary condition and in good order and repair.
B. 
It shall be unlawful to engage in the business of a proprietor of coin-operated amusement devices, as the terms are herein defined, in any store, shop, tavern, or restaurant or other place of business within the borough at any time whatsoever unless there is an attendant in charge of the premises at the time, who is a person over 18 years of age, for every 1,000 square feet of licensed area. Each such attendant shall be identified by a conspicuous identification badge, uniform or manner of dress the nature of which shall be filed by the proprietor with the Municipal Clerk.
C. 
No coin-operated amusement devices, licensed or not, shall be so conducted, operated or installed as to amount to a nuisance in fact.
D. 
No premises at which is located a coin-operated amusement device within the borough shall be situated within 1,000 feet portal-to-portal, of a premises used as a church or school, whether such church or school be situated within or without the borough. This regulation shall not apply however to premises lawfully licensed for the sale of and on-premises consumption of alcoholic beverages.
E. 
No coin-operated amusement device shall be placed at any location in the borough where it will disturb the peace and quiet of persons outside the immediate premises within which the device is located.
F. 
No coin-operated amusement device shall be located in that part of the borough, within or without a building, so near a public thoroughfare or passageway as to disturb or otherwise interfere with the movement of pedestrians or motor vehicles.
G. 
It shall be unlawful to permit or suffer the presence of any licensed premises or use of any coin-operated amusement device by minors (persons under the age of 18 years) in the borough between the hours of 8:00 p.m. and 8:00 a.m. of any evening, unless such minor is accompanied by a parent or legal guardian. A minor present and unaccompanied by a parent or legal guardian at any licensed premises shall be directed to leave same at 8:00 p.m.; no minor shall be admitted to any licensed premises after 8:00 p.m.
H. 
Premises used for the business of a proprietor of any coin-operated amusement device in the borough must, at all times, have safe and adequate lighting, and the operator or proprietor shall be responsible for the maintenance, repair and extension of the lighting.
I. 
No coin-operated amusement device shall be located within eight feet of any other device. In the event, however, devices are placed along a wall the same may be separated from other devices along the same wall by no less than 30 inches.
J. 
Nothing herein stated shall be construed to exempt any licensee hereunder from complying with the requirements of any other ordinance of the borough.
K. 
No coin-operated amusement device shall be allowed to remain in any area of the premises open to the public, wherein such devices have been set up for operation, for a period of more than one hour from the time the proprietor knew or should have known that the coin-operated amusement device had become inoperable.
L. 
It shall be unlawful for any proprietor to allow the possession and or use of any intoxicating liquor by any person in the premises wherein coin-operated amusement devices are set up for use, unless the proprietor is licensed to sell intoxicating liquor on the premises wherein the coin-operated amusement devices have been set up for operation.
M. 
It shall be unlawful for any person to have in his possession and/or to use any intoxicating liquor while the person is in any premises wherein coin-operated amusement devices have been set up for operation, unless the proprietor is licensed to sell intoxicating liquor on the premises wherein coin-operated amusement devices have been set up for operation.
N. 
It shall be unlawful for any proprietor to allow the consumption of any food or beverage by any person on the premises wherein coin-operated amusement devices are set up for use, if the food or beverage was not purchased on the premises wherein the coin-operated amusement devices have been set up for operation.
O. 
It shall be unlawful for any proprietor to allow a density of occupation of the premises wherein coin-operated amusement devices are set up for operations of more than one person for every 50 square feet of floor space of the premises wherein coin-operated amusement devices have been set up for operation.
P. 
It shall be unlawful for any proprietor to be open for business in the borough between the hours of 11:00 p.m. and 8:00 a.m., of any evening. This regulation shall not apply, however, to premises lawfully licensed for the sale of and on-premises consumption of alcoholic beverages nor to coin-operated mechanical musical devices, such as jukeboxes, located at taverns, restaurants, diners, ice cream parlors or premises of similar business which may be operated thereat during lawful business hours.
Q. 
It shall be unlawful for any proprietor to allow any person to loiter in or about the premises in the borough wherein the proprietor has set up coin-operated amusement devices. For the purpose of this chapter, loiter shall mean remaining idle in essentially one location and shall include the concepts of spending time idly, loafing or walking aimlessly about the premises.
R. 
It shall be unlawful to permit or suffer any patron of a licensed premises to occupy any portion of a licensed establishment without the licensed portion thereof except toilet facilities.

§ 88-10 Inspections.

A. 
The Chief of Police shall inspect or cause to be inspected any place or building in which any such device is located; to inspect, investigate and test such devices, as may be required, and is hereby authorized to seize and hold for such further disposition that is authorized by law, any such coin-operated amusement device found to be in violation of this chapter.
B. 
It shall be the duty of the health officer to make or cause to be made such inspections as may be necessary to insure compliance with the provisions of this chapter for the protection of the public health.

§ 88-11 Violations and penalties.

Any person, firm, corporation, partnership, association or other entity convicted by the Municipal Court of the borough for the violation of the provisions of this chapter shall be subject to a fine of not more than $200, or imprisonment in the county jail for a term not to exceed 90 days, or both of the above. Each day that a violation of the provisions of this chapter continues shall be considered to be a separate offense.

§ 88-12 Revocation of license.

The Mayor of the borough shall upon notice to the licensee and hearing if requested within 30 days of such notice, have the right to revoke any license issued hereunder for the violation of any of the provisions of this chapter.