Borough of Wharton, NJ
Morris County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the Borough of Wharton (Sec. 6-2 of the Revised General Ordinances). Amendments noted where applicable.]
GENERAL REFERENCES
Pool and billiard halls — See Ch. 225.

§ 73-1 License required.

A. 
No person or business entity shall operate, permit or cause operation, maintain or install in any public or quasi-public place, building, store or other place wherein the public is invited or may enter any machines or devices that will be used for amusement machines, as hereinafter defined, without first obtaining an annual license. The licensing period will commence on January 1 of every year and expire on December 31 of that year.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
B. 
No license shall be issued to authorize the operation and conduct of any amusement game unless the game is:
(1) 
Played for amusement or entertainment;
(2) 
One in which the person or player actively participates;
(3) 
One in which the outcome is not in the control of the operator; and
(4) 
One which is so conducted that when and where all of the players are present there occurs in continuous sequence:
(a) 
The sale of a right to participate;
(b) 
The event which determines whether a player wins or loses; and
(c) 
The award of a merchandise prize, tokens or tickets which may be accumulated or immediately redeemable for merchandise prize.

§ 73-2 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
AMUSEMENT OR ENTERTAINMENT MACHINE OR DEVICE
Any machine or device which may be operated by the public for use as a game, entertainment or amusement, and shall include devices such as marble machines, skill ball, pinball, mechanical grab machines, the machines or contrivances commonly known as bagatelle, baseball, hockey, football, target shooting, shuffle board or shuffle alley, bowling or any similar named device, video games or any device which utilizes an electron (TV) tube to reproduce symbolic figures and lines intended to be representative of real games or activities; it shall also include, without limitation, any machine or device commonly called a "kiddie ride." Excluded from the license requirement is any device which provides an electronic reading or weight for use by and to the amusement of the public.[1]
MACHINE JUKEBOX
Any music vending machine, contrivance or device which, upon the insertion of a coin, slug, token, plate, disc or key into any slot, crevice or other opening, or by the payment of any price, operates or may be operated by the public generally for the emission of music, songs or similar amusement.[2]
OPERATOR
Any natural person, partnership, firm, association, corporation or any other business entity which owns or controls premises or a location with the Borough of Wharton in which any machine, jukebox or amusement or entertainment machine or device is displayed for public patronage or is placed or kept for operation by the public.
OWNER-OPERATOR
Any natural person, partnership, firm, association, corporation or any business entity which owns or controls premises or a location within the Borough of Wharton in which any machine, jukebox or amusement or entertainment machine or device which is owned by said natural person, partnership, firm, association or corporation, or any other business entity, is displayed for public patronage or is placed or kept for operation by the public.
PERSON
Any natural person, partnership, firm, association, corporation or other business entity.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 73-3 License fees.

A. 
The annual license fee for each such machine, jukebox or amusement or entertainment machine or device shall be $150 for the first machine, jukebox or amusement or entertainment machine or device and $50 for each additional machine.
B. 
All fees are payable prior to January 1 of each year to avoid penalties.
C. 
A prorated fee of $10 per month per machine shall be charged for each full month and any partial month remaining to December 31 of that year. For each additional game discovered in excess of the licenses granted, regardless of the month of discovery, the fee will be assessed at the rate of $10 per month for the full year.
D. 
All of the above-listed fees are nonrefundable.

§ 73-4 Machine limitations.

A. 
No business, store or building open to the public and containing less than 10,000 square feet of area may maintain, operate or have available for use more than five machines. The number and placement of the units shall be reviewed and approved by Borough officials to assure ease of circulation and compliance with all emergency codes.
B. 
A business, store or building containing more than 10,000 square feet may, only under the following terms and conditions, maintain, operate or have available for use at one time more than five machines. Additional machines must have specific approval by the Zoning Official documented on a floor plan showing exact quantity, location, description and room within the licensed facility. The Zoning Official will be guided by current laws, codes and ordinances in effect related to building usage with specific attention to public safety and health. The Fire Official will certify the compliance with fire regulations. Other municipal agencies may be required to approve additional machines as required by law.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 73-5 Regulation of minors.

A. 
In commercial establishments not licensed to sell alcoholic beverages, no person under the age of 18 shall be permitted to operate any machine or device licensed under this chapter on any day when the Wharton public schools are in session, except when accompanied by a parent or adult guardian. No person under the age of 18 shall be permitted to operate any machine or device licensed under this chapter at any time on any day after 11:00 p.m. except when accompanied by a parent or adult guardian.
B. 
In commercial establishments licensed to sell alcoholic beverages, no person under the age of 21 shall be permitted to operate any machine or device licensed under this chapter.

§ 73-6 Opening and closing hours.

No licensee, nor any agent, servant or employee of a licensee, shall allow or permit or cause to be allowed or permitted the use of any licensed amusement, video, electronic, electrical, mechanical pinball machine or other amusement games or similar devices, as defined in this chapter, operated for a consideration other than at prevailing time, as follows: Monday through Sunday from 7:00 a.m. until 2:00 a.m. the following day unless otherwise regulated by law.

§ 73-7 Revocation of license.

Any license may be suspended or revoked by the Administrator of the Borough for violation of any of the terms of this chapter or for any other just and good cause, provided that the licensee is served with notice of charges and given an opportunity to be heard. Revocation shall be stayed until a hearing is held by the Mayor and Council. Said hearing is to take place within 30 days of the receipt of the decision of the Administrator. The hearing shall be a trial de novo and based upon the record before the Administrator. The Mayor and Council may affirm, reverse or modify the decision of the Administrator. In the event that the Mayor and Council do not hear the matter within 30 days of the receipt of the decision of the Administrator, then that shall be construed as an affirmation of the Administrator's decision.

§ 73-8 Appeals.

See § 225-14.

§ 73-9 Violations and penalties. [1]

In addition to the revocation of the license, any person or business found guilty of a violation of this chapter shall be punishable as provided in Chapter 1, General Provisions, Article I, General Penalty.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).