[Adopted 6-11-1935 by Ord. No. 743 (Ch.
102, Art. I, of the 1978 Code)]
[Amended 7-27-1943 by Ord. No. 1009; 3-5-1957 by Ord. No.
1416]
Merry-go-rounds, Ferris wheels, carrousels,
chair-o-planes, Venetian swings, carnivals, bazaars and similar forms
of entertainment or amusement are hereby expressly prohibited; provided,
however, that merry-go-rounds, Ferris wheels, carrousels, chair-o-planes,
Venetian swings, carnivals, bazaars and similar forms of entertainment
or amusement shall be allowed and a license issued therefor without
the payment of any fee for said license where the hereinabove mentioned
forms of entertainment and amusement are operated and conducted under
the supervision and control of an educational, charitable, patriotic
or religious organization, and the land upon which said forms of entertainment
or amusement are operated and conducted are owned solely by said organizations,
and the net proceeds of said forms of entertainment or amusement are
devoted solely to educational, charitable, patriotic or religious
uses.
[Added 5-15-1979 by Ord. No. 1973]
Applications for licenses shall be made upon
forms to be supplied by the Township Clerk for that purpose. Applications
shall contain the following information:
A. Name and address of the applicant.
B. Type of person, whether individual, partnership, corporation
or other type of legal person.
C. If applicant is a corporation, the names and addresses
of all officers.
D. Any prior convictions of applicant or any resident
natural agent of applicant for violation of any law or ordinance.
E. A statement that applicant shall comply with all local,
county, state and federal requirements.
F. Proposed location and duration of exhibition.
G. Nature of exhibition to be presented.
H. A detailed list of each exhibition, entertainment,
performance and/or amusement device to be located on the proposed
location of the event.
I. The number of pieces of equipment for music and all
loudspeaker devices and other devices for the amplification of sound.
J. For licenses to operate any premises wherein are located any amusement devices as defined in §
309-1 of this article, the place and description of the machines or devices to be displayed or operated and the business conducted at that place.
[Added 5-15-1979 by Ord. No. 1973]
A. Upon presentation of an application as provided herein,
the Township Clerk shall refer such application to the Police Department
or other person designated by the Board of Commissioners for a full
investigation as to the truth of the statements contained therein
and as to any or all other matters which might tend to aid the Commissioners
in determining whether or not such application should be granted.
B. The Board of Commissioners, upon receipt of a written
report by the investigator, shall decide whether or not a license
shall be issued, considering, among other things, the effect of the
amusement or exhibition upon the peace, welfare and good order of
the Township.
C. In granting licenses, the Board of Commissioners may
approve or disapprove each particular exhibition or amusement device
and may also approve or disapprove any lighting system or device emitting
or amplifying sound used at any exhibition, as well as impose further
conditions, the violation of which shall constitute a violation of
this article and shall subject the violator, upon conviction, to the
penalties provided for in this article.
[Added 5-15-1979 by Ord. No. 1973]
A. Licensees shall not permit gambling at any exhibition.
B. Licensees shall not permit persons under 18 years of age to play or operate any mechanical amusement device as described in §
309-1 of this article.
C. No licensee shall permit the giving of any performance
of a lewd, vulgar or immoral type or the use therein of any indecent
or obscene language or any behavior tending to corrupt the public
morals or incite the public to break any law or ordinance.
D. No licensee shall permit any disorderly, lewd, dissolute,
drunken or boisterous person, any person under the influence of intoxicating
liquor or narcotic or hallucinogenic drug, or any person whose conduct
tends in any way to corrupt the public morals to be admitted or to
remain in or about any licensed exhibition or premises.
[Added 5-15-1979 by Ord. No. 1973]
A. Licensees shall post their licenses conspicuously
at the location of the licensed exhibition or on the premises licensed.
B. Licensees desiring to transfer their licenses to new
locations within the Township or to change or revise their list of
licensed amusement devices shall submit application for such relocation,
change or revision to the Township Clerk for approval by the Commissioners.
C. No license shall be transferable from one person to
another.
[Added 5-15-1979 by Ord. No. 1973]
A. The Board of Commissioners reserves the power to revoke
any license issued under the provisions of this article at any time
in cases in which such licenses were procured by fraud or false representation
of facts or for the violation of or failure to comply with any provision
of this article by any licensee or any servants, agents or employees
of the licensee, or for the conviction of the licensee for any crime
or offense involving moral turpitude, or conviction of any of his
servants, agents or employees for any crime or offense involving moral
turpitude committed on the location or premises licensed.
B. In the case of any public exhibition as described in §
309-1 of this article, such revocation may be without notice, and upon the service of a notice of revocation, by either person, mail or posting on the location for which a license is issued, such public exhibition shall cease operations immediately.
[Added 5-15-1979 by Ord. No. 1973]
Any person committing an offense against any provision of this article shall, in addition to being subject, if a licensee, to having his license revoked as provided in §
309-6 of this article, and upon conviction thereof, be guilty of a violation punishable by a fine not exceeding $500 or by imprisonment for a term not exceeding 90 days, or by both such fine and imprisonment.
[Adopted 11-7-1979 by Ord. No. 1966; amended
in its entirety 6-1-1982 by Ord. No. 2080 (Ch. 102, Art. II, of
the 1978 Code)]
As used in this article, the following terms
shall have the meanings indicated:
AMUSEMENT DEVICE
Any machine, contrivance or device which, upon the insertion
of a coin, slug, token, plate, disk or key into a slot, crevice or
other opening or by the payment of any price, is operated or may be
operated by the public generally for use as a game, entertainment
or amusement, whether or not requesting a score, and shall include,
without limitation, such devices as pong or other types of electronically
operated game devices, skillball, pinball or baseball games, mechanical
games, operations or transactions similar thereto, by whatever name
they may be called and shall not include pool or billiard tables,
mechanical devices commonly known as "jukeboxes," and mechanical riding
machines intended for the use and entertainment of children. "Amusement
devices" shall include video-type games or machines or similar devices
that use a display screen for points, lines and dots of light that
can be manipulated to simulate games or other types of entertainment.
A written application for a license as required
by this article shall be made to the Township Clerk on forms to be
supplied by the municipality, and each application shall contain the
following information:
A. The name and address of the applicant.
B. The legal identity of the applicant, indicating whether
the applicant is a person, partnership, corporation or other legal
entity.
C. If the applicant is a person, the age, date of birth,
place of birth, social security number and citizenship of the applicant.
D. If the applicant is a partnership, the name and address,
date and place of birth, social security number and citizenship of
each partner.
E. If the applicant is a corporation, the name and address
and citizenship, age, date and place of birth of all officers of the
corporation.
F. If the applicant is an agent in charge of the premises
where any mechanical amusement device is located, the name, address,
age, date and place of birth, social security number and citizenship
of such agent.
G. Whether or not the applicant or any person named in
the application as a partner, corporate officer or agent has previously
been convicted of violation of any law or ordinance, and if so, the
date and nature of such conviction shall be stated.
H. The place or location to be licensed and a description
of the machine or device to be displayed or operated therein.
I. If the licensee is not the owner of the machine, the
full name and post office address of the owner of the machine or device.
The Board of Commissioners shall consider such
report of the Police Department and make further investigation as
it may deem advisable. It may either grant said application or deny
the same. No license shall be issued to any applicant who shall have
been convicted of a crime involving moral turpitude, gambling or a
controlled dangerous substance. No license shall be issued to any
applicant who has not obtained a certificate of occupancy from the
Nutley Code Enforcement Department. No license shall be issued to
an applicant who is or which includes an individual who is under the
age of 18 years.
Unless the applicant consents to a longer period
of time, the Board of Commissioners shall act within 45 days after
application is made to the Township Clerk, and if no action is taken
within such time, the application shall be deemed to be denied.
Any person violating any of the provisions of
this article shall, upon conviction thereof, be punishable by a fine
in any sum not exceeding $500 or be imprisoned in the county jail
for a period not exceeding 90 days, or both. Each and every day a
violation is committed or permitted to continue shall constitute a
separate offense, punishable by a like fine or penalty.