[HISTORY: Adopted by the Mayor and Council
of the Borough of Wanaque 2-18-1992 as Ord. No. 5-0-92.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Gambling devices prohibited in licensed premises — See Ch. 47.
Zoning — See Ch. 114.
[1]
Editor's Note: This ordinance also repealed
former Ch. 49, Amusement Devices and Vending Machines, adopted 3-5-1941,
as amended.
As used in this chapter, the following terms
shall have the meanings indicated:
Any machine, contrivance or device which, upon the insertion
of a coin, slug, token, disc or key into a slot, crevice or other
opening, or by the payment of any price, operates or may be operated
by the public generally and shall include, without limitation, such
devices as marble machines, pinball machines, mechanical games or
machines, skillball, music devices which emit songs, music or similar
amusement and shall also mean jukeboxes, pool or billiard tables and
bowling alleys.
Any establishment or premises in which more than four amusement
and entertainment machines or devices shall be kept, placed or exhibited.
Any person who supplies, offers or exhibits for sale, leases,
sells or distributes automatic amusement devices to any other person.
Any individual, firm, corporation, partnership, association
or entity.
Any building, business, store, restaurant, tavern or other
place to which the public is invited or may enter.
Any person who owns, leases, rents or operates any premises
on or at which any automatic amusement device is kept, placed or exhibited
for use or operation by the public.
A.
No person shall supply, offer or exhibit for sale,
lease, sell or distribute any automatic amusement device in the Borough
of Wanaque without first obtaining a distributor's license.
B.
The application for said license shall be made in
duplicate and shall contain the following information:
(1)
The name, date and place of birth, home address and
business address, home telephone number and business telephone number
of the applicant and each of its stockholders, officers and officers
and directors holding in excess of 10% of its stock.
(2)
The name and address of the registered agent of the
applicant or person upon whom service of process is authorized to
be made.
(3)
The name, date and place of birth, home address and
home telephone number of the manager or other authorized agent of
the applicant who shall be in charge of or conduct the business of
the applicant within the Borough of Wanaque.
(4)
If the applicant is a corporation, there shall be
included a corporate resolution in proper form authorizing the execution
of the license application on behalf of the corporation. The application
must be accompanied by a certificate of compliance issued by the Wanaque
Borough Zoning Officer to the present owner/occupant.
[Amended 10-20-1992 by Ord. No. 14-92-92]
(5)
The application shall contain a certification under
oath, made by the applicant or its authorized representative, that
the information contained in the application and all attachments thereto
is complete, accurate and truthful to the best of his knowledge and
belief.
C.
The Wanaque Borough Clerk shall promptly forward a
copy of the application and accompanying materials to the Chief of
the Police Department for investigation, review and report. Such report
shall be sent to the Wanaque Borough Clerk, who, in accordance with
the standards and requirements set forth herein, may grant the license
or refuse the license. If the license is granted, the Wanaque Borough
Clerk shall forthwith issue the license upon payment of the licensing
fee.
D.
The Wanaque Borough Clerk shall ensure that the license
application and all attachments thereto are complete and those persons
whose names are required to be disclosed on the application are all
persons capable of owning, controlling and/or operating machines or
devices within the Borough of Wanaque in a manner consistent with
the public safety, morals and general welfare of the community; that
those persons whose names are required to be disclosed on the license
application can reasonably be expected to own, control, manage or
operate the proposed business in accordance with all applicable laws,
ordinances, rules and regulations and free from any gambling, illegal
or immoral activity and free of unnecessary and unwanted noise or
commotion; that no criminal element is in direct or indirect control
of management of the business of the applicant; that the granting
of the application and issuance of the license will promote a fair
and competitive market for the distribution of such devices within
the Borough of Wanaque; that the granting of the application and issuance
of the license has been done after the applicant has properly executed
all agreements and consents required by this chapter and has agreed
to conduct its business in accordance with all requirements of this
chapter and all other applicable laws, ordinances, rules and regulations.
E.
No license shall be granted for any mechanical amusement
device which is to be used for the purpose of gambling. For the purpose
of this chapter, a mechanical amusement device, the operation of which
is based in any part on random chance or random assignment of numbers
and the operation of which does not require more than minimal skill
or hand-eye coordination, shall be presumed to be intended to be utilized
for gambling purposes. By way of clarification, but not limitation,
mechanical amusement devices used for the purpose of gambling shall
be deemed to include the following:
(1)
Mechanical amusement devices known as "joker poker,"
or any similar mechanical amusement devices displaying playing cards;
"keno" or similar mechanical amusement devices displaying a number
board where numbers are designated by random; "horse racing"; "roulette";
"dice"; "lucky lines"; "cherry master"; or any similar mechanical
amusement devices styled after a slot machine with a rolling display
or circular wheel on which are depicted symbols; and "lotto" or lotto-type
machines.
(2)
Any mechanical amusement device which does not have
an operable slot or receptacle for the insertion of coin or paper
money.
(3)
Any mechanical amusement device with buttons or controls
labeled "double up" or "bet."
(4)
Any mechanical amusement devices which can be controlled
or operated from a remote location by other than the individual operator.
A.
No person shall keep, place or exhibit any automatic
amusement device for use or operation by the public on or at any premises
in the Borough of Wanaque without first obtaining a proprietor's license
for such premises.
B.
Application.
(1)
The application shall contain the following information:
(a)
The name, date and place of birth, home address
and business address, home telephone number and business telephone
number of the applicant.
(b)
The name and address of the registered agent
of the applicant or person upon whom service of process is authorized
to be made.
(c)
The type, manufacturer and serial number of
each device.
(d)
The name and number of the distributor of each
amusement or entertainment machine or device sought to be operated.
(2)
The application must be accompanied by a copy of a
valid certificate of occupancy (CO) issued to the present owner/occupant
by the Office of Code Enforcement of the Borough of Wanaque.
C.
The Borough Clerk shall promptly forward a copy of
the application and accompanying materials to the Chief of the Police
Department and the Fire Department for investigation, review and report.
Such reports shall be sent to the Wanaque Borough Clerk, who, in accordance
with the standards and requirements set forth herein, may grant the
license or refuse the license. If the license is granted, the Wanaque
Borough Clerk shall forthwith issue the license upon payment of the
licensing fee.
D.
The person operating the premises where the machine
is located shall be liable and responsible for the proper operation
thereof, regardless of whether or not he/she is the actual owner of
the machine or has rented the same, but this shall not in any way
release the actual owner of the machine or device from liability or
responsibility for violation of this chapter or any ordinance of the
Borough of Wanaque.
E.
A proprietor's license shall not be transferred or
assigned. Specifically, but not by way of limitation, a proprietor's
license shall not run with the premises, nor shall sale of the premises
effectuate a transfer of the license.
A.
The proprietor shall not permit, suffer or allow any
person to bet or gamble in any form or manner on the licensed premises
and shall prevent any immoral or illegal conduct or activity from
occurring.
B.
No person on the licensed premises shall have illegally
in his possession or under his control or offer to another any habit-forming
drug, nor shall the proprietor permit, suffer or allow any such person
on the licensed premises.
C.
No proprietor shall permit, suffer or allow the unlawful
sale or consumption of alcoholic beverages on the licensed premises.
D.
No proprietor shall permit the operation of any amusement or entertainment machine or device during the hours when the taverns in the Borough of Wanaque are closed, or between 3:00 a.m. and 7:00 a.m. on weekdays and between 3:00 a.m. and 11:00 a.m. on Sundays and New Year's Day, except as provided by § 49-11 of the Code of the Borough of Wanaque.
E.
The proprietor shall at all times maintain good order
upon the licensed premises and shall not permit, suffer or allow any
disturbance, congestion or loitering upon the licensed premises.
F.
No device shall be operated in such a manner as to
be heard outside.
G.
No song shall be played or words spoken on any device
which violates the obscenity law of New Jersey.
H.
No device shall be permitted to cause any unnecessary
or unwanted noise or commotion nor otherwise interfere with the public
health, welfare and morals.
I.
No proprietor shall offer or permit to be offered
any prize or other award to any person playing any device.
J.
No device shall be located in a so-called "back room"
or in any part of the licensed premises which is not open to the general
public.
K.
No licensed premises shall be without adequate sanitary
facilities or contain any fire, safety or health hazard.
L.
No licensee nor any of his agents, officers or servants
shall, by threats, promises or intimidation, seek to control or direct
the placement or removal of any device or to control the placement
of any such device from any location within the Borough of Wanaque,
and any such threats, promises or intimidation shall be reported immediately
to the Police Department and to the License Inspector.
M.
No licensee shall neglect or fail to report promptly
to the Police Department and License Inspector any violation of any
law or ordinance occurring on the licensed premises, nor shall any
licensee neglect or fail to report promptly to the Wanaque Borough
Clerk any conduct or activity prohibited by this chapter.
N.
Each licensee, distributor and/or proprietor shall
promptly report, in writing, to the Wanaque Borough Clerk any change
or addition or deletion of the information furnished on the license
application and all material attached thereto, and this obligation
shall be fully met during the term of any license or the renewal thereof.
O.
No licensee shall refuse to cooperate fully with the
Wanaque Borough Clerk or any law enforcement officer or agency, nor
shall any such licensee, operator and/or owner-operator refuse to
produce and make available all records relating to the purchase or
distribution of such devices. No such licensee and/or operator shall
refuse access to its premises to the Wanaque Borough Clerk or to any
member of the Departments of Police, Fire or Health or to the Building
Inspector, Zoning Officer or Building Subcode Inspector or any law
enforcement officer or agency.
P.
All mechanical amusement devices licensed by the Borough
of Wanaque must be available at all times during licensure for internal
inspection by an authorized representative of the licensing division.
No mechanical amusement device shall be fastened, locked or secured
in such a fashion that the licensee or person in charge of the licensed
premises cannot immediately provide access to the internal components
of said machine upon the above request.
Q.
No person or business entity shall have more than four amusement and/or entertainment machines or devices as defined in § 49-1 without complying with those restrictions which pertain to arcades.
R.
No person shall operate an arcade without obtaining
a certificate of use occupancy therefor from the Wanaque Planning
Board.
A.
The following annual licensing fees shall be paid
to the Borough of Wanaque:
(2)
A proprietor's license fee shall be $250 per year.
(3)
A fee of $150 per machine shall be charged for one
to four machines or devices annually or for any part of that annual
period which shall commence January 1 and conclude December 31 of
the calendar year. A fee of $125 per machine shall be charged for
four to 10 machines and $100 per machine thereafter.
(4)
A fee of $25 per jukebox shall be charged annually
or for any part of that annual period which shall commence January
1 and conclude December 31 of the calendar year.
B.
All fees due the initial year following enactment
shall be prorated on a monthly basis.
A.
Each license, when issued, shall designate the number,
type and serial number of machines or devices operated hereunder.
B.
Each such license shall bear a number, and the number
of that license shall be placed in some permanent way upon each machine
or device operated or distributed under this chapter.
C.
All license fees shall be paid to the Borough of Wanaque
prior to the issuance of the license, and all licenses shall expire
on December 31 next succeeding the date of issuance.
A.
Each license issued shall be posted prominently and
conspicuously in the licensed premises.
B.
Any such license may be amended to evidence the transfer
from one machine or device to another similar device, upon application
to the Wanaque Borough Clerk, giving a description by type, manufacturer
and serial number of such other machine or device.
C.
A license shall not be transferable from person to
person or place to place. The license shall be valid only for the
licensee at the place designated on the license.
D.
A fee in the amount of $25 shall be paid for each
such license transfer to the Wanaque Borough Clerk.
A.
Every license issued hereunder is subject to revocation
if any of the following things occur:
(1)
The violation of any of the provisions of this chapter.
(2)
Any misstatement or omission in the license application
or in any information submitted therewith or the failure to notify,
in writing, the Wanaque Borough Clerk of any changes by addition or
deletion or amendment to said application or information during the
term of said license or renewal.
B.
The determination on revocation shall be made by a
license panel of three persons who shall hold a hearing with respect
thereto. The panel shall consist of the Business Aministrator, the
Wanaque Borough Clerk and another person appointed by the Mayor.
C.
Prior to revoking any such license, the licensee shall
be given such a hearing, in the event that such a hearing is requested,
after notice of the right to such a hearing is given by the Wanaque
Borough Clerk. The licensee shall be given 10 days' notice of said
hearing, or more, and such notice shall state the ground or grounds
therefor. At such hearing, the licensee may submit relevant information
on his behalf. The rules of evidence shall not apply to such hearing,
but each party shall have the opportunity to present his/her side
of the case and to be represented by counsel. Any appeal from the
decision of said panel shall be to the Superior Court of New Jersey.
A.
If a police officer of the Police Department, or other law enforcement officer with the authority to act within this jurisdiction, shall have probable cause to believe that any mechanical amusement machine/device is used for gambling, or if a mechanical amusement machine/device is prohibited pursuant to § 49-2E above, such machine/device may be seized and removed from the premises by the Police Department or its authorized personnel, or other law enforcement officer with the authority to act within this jurisdiction, and impounded and considered contraband. As an alternative to the seizure and removal of the machine/device as a whole, a police officer may remove from the device such internal components as will disable the machine/device. If possible, those removing the machine/device shall provide the person in charge of the premises with a report to be filed with the Police Department, noting any obvious damage to the property. Thereafter, any person aggrieved thereby may demand a hearing, in writing, directed to the Wanaque Borough Clerk.
B.
If a police officer of the Police Department, or other law enforcement officer with the authority to act within this jurisdiction, shall have probable cause to believe that any mechanical amusement machine/device is unlicensed, however, not being used for gambling, nor prohibited pursuant to § 49-2E, then such a machine/device shall not be subject to immediate seizure. In such a case, the police officer shall advise the person in charge of the premises that the license fee for the machine/device must be paid and a license for the machine/device obtained within a three-day period. If such a license is not obtained within the three-day period, a police officer may seize and remove such machine/device from the premises. As an alternative to the seizure and removal of the machine/device as a whole, a police officer may remove from the device such internal components as will disable the machine/device. If possible, those removing the machine/device shall provide the person in charge of the premises with a report to be filed with the Police Department, noting any obvious damage to the property. Thereafter, any person aggrieved thereby may demand a hearing, in writing, directed to the Wanaque Borough Clerk.
C.
After seizure, any person aggrieved may demand a hearing as provided hereinabove and shall be given a hearing within 10 days from the date of such demand. In the event that the panel established in § 49-8B finds that the seizure was justified under the provisions of this chapter, the machine/device shall not be released until proper ownership and/or licensing fees are paid and property presented, together with a removal/storage charge of $100 per machine/device seized. In the event that only the internal components of the machine/device were seized, the removal/storage charge per machine/device will be $25. In the event that said panel finds that the seizure was unjustified, the machine/device shall be returned to the person from whom they were seized forthwith, but such person shall have no further remedy against the Borough of Wanaque.
D.
If no person makes a claim to a seized machine/device
within 120 days from the date of seizure, said machine/device may
be destroyed or otherwise disposed of in accordance with state statute
or local ordinance.
The provisions of this chapter requiring a proprietor's
license shall not apply to any church, fraternal or veterans organization,
religious or charitable organization or municipal agency which operates
any machine or device exclusively for the use of its premises owned
or controlled by it. This provision does not exempt any social club
from the requirements of this chapter.
A.
Amusement devices shall not be operated after 3:00
a.m. and before 7:00 a.m.
B.
Any and all coin-operated machines in excess of three
in any one establishment may not be located within 500 feet of the
building line of any nearby public school, private school or house
of worship. It is the function of this restriction to eliminate the
potential of establishments having three or more coin-operated machines
for amusement within approximate distance of public schools, private
schools and houses of worship, to remove any potential enticement
to school students to in any way avoid obligations at the schools
or houses of worship while at the same time playing and participating
in use of coin-operated machines nearby within the school distances.
The owner of any premises in which a license
for one or more amusement devices or machines is required shall be
required to keep on file each application for a license for amusement
and/or entertainment machines or devices. Such information shall be
kept on file in an orderly fashion in a location known to all owners
of said premises and personnel who are employed in said premises.
Upon request by any law enforcement official of the Borough of Wanaque,
any owner of said premises or any employee at said premises shall
furnish such information to said law enforcement official.
Every person seeking licensure hereunder shall
comply with all state statutes, municipal ordinances and regulations,
Building and Fire Code regulations and Zoning Code[1] requirements, as well as all other statutes and regulations
prior to receiving a license or licenses hereunder.
Amusement device arcades shall be subject to
the following regulations, which shall be in addition to any other
regulations imposed by this chapter:
A.
It is the policy of the Borough of Wanaque to limit
arcades throughout the municipality to a total number of locations
of 10. Nothing in this provision shall be construed to impair or diminish
the rights of any existing arcade, subject to its obligations to comply
with the terms of this chapter in general and these provisions where
applicable.
B.
An "arcade," within the meaning of this provision,
shall be construed to be in any location which has more than four
machines in any one given location.
C.
No future arcades will be allowed within 500 feet
of the building line of any existing school or house of worship within
the municipality.
D.
Prior to consideration for the allowance of an arcade,
the applicant must present to the Wanaque Borough Clerk for investigation
by the various departments of the Borough of Wanaque, Code Enforcement,
Fire Prevention, Police and Fire, a scheme or plan setting forth and
showing precisely what provisions are made for off-street parking
and compliance in general with any and all zoning ordinances and regulations.
The Code Enforcement, Zoning Officer, Fire Prevention and Police and
Fire Departments shall respectively investigate such premises and
facilities to assure themselves that the proposed compliance with
off-street parking and the other provisions of the zoning and planning
regulations, as well as any other police and fire regulations, are
in compliance.
E.
The following annual licensing fees shall be paid
to the Borough of Wanaque:
(1)
A distributor's license fee shall be as follows:
(a)
A fee of $250 for one to nine machines per year.
(b)
A fee of $350 for 10 to 19 machines per year.
(c)
A fee of $450 for 20 to 29 machines per year.
(d)
A fee of $550 for 30 to 39 machines per year.
(e)
A fee of $650 for 40 to 49 machines per year.
(f)
A fee of $750 for 50 to 59 machines per year.
(2)
A proprietor's license fee shall be $250 per year.
(3)
A fee of $35 shall be charged per machine for one
to four machines or devices annually, or for any part of that annual
period which shall commence January 1 and conclude December 31 of
the calendar year.
(4)
A fee of $25 shall be charged per jukebox annually,
or for any part of that annual period which shall commence January
1 and conclude December 31 of the calendar year.
(5)
A fee of $15 shall be charged for each transfer of
a license from one machine or device to another similar device.
F.
In the event that there is a finding by any of the
above agencies that the same is not in compliance, the aggrieved applicant
shall be allowed a hearing before the Wanaque Borough Council, or
a designated group called a "hearing panel" consisting of members
less than the full Council, in the event that they are aggrieved by
a determination involving an application. The right to a hearing shall
be allowed if the aggrieved applicant, within 10 days of the receipt
of notification of any denial to such applicant under any of the provisions
stated above, shall notify the Wanaque Borough Clerk of his request
and demand for a hearing.
(1)
Within 30 days from the time of such request, or as
convenient to the parties in the event, circumstances prevent such
a hearing, the Wanaque Borough Clerk shall notify all parties and
set and fix a date for a hearing concerning the matter, as a result
of which the matter can be heard for a final determination.
(2)
The aggrieved applicant shall be required to furnish
a statement of reasons why it feels aggrieved concerning the denial
of the application.
(3)
The person aggrieved shall have the right, upon written
request within 15 days, to receive from the Wanaque Borough Clerk
any and all police reports, investigation reports or other circumstances
which form the basis for the denial for the license in the first place.
(4)
At the hearing, both parties will be permitted to
present evidence, the aggrieved person presenting their evidence first,
and the agency denying the license shall present its evidence, whereupon
the matter will be decided by the Borough Council or the Board being
given direct authority to hear and determine such issues.
(5)
If the determination is by a Board hearing the matter,
the aggrieved shall have the right to have the Wanaque Borough Council
review such determination.
G.
Any existing arcades, as well as any and all future
arcades to be licensed under this provision, shall, as a precondition
to securing a right of license to operate an arcade, make adequate
provision to assure the presence of internal security within the premises
to assure and allow compliance in full with any and all of the ordinances
for the Borough of Wanaque, as well as observance of any and all laws
of the State of New Jersey.
Any person violating any provision of this chapter
or failing to comply therewith may be punished by imprisonment not
exceeding 90 days or by a fine not exceeding $500, or by both imprisonment
and fine, and a separate offense shall be deemed committed on each
day during or on which the violation or failure to transact the business
of distributing occurs or continues. Upon conviction, no licensee
shall thereafter transact the business of distributing or operating
within the Borough of Wanaque.
Every provision of this chapter shall be severable
from every other provision, and the invalidity of any section, paragraph,
clause, provision or phrase shall not invalidate the remainder or
any portion of the remainder of this chapter.
