City of Salem, NJ Amusement Devices

Any machine which may be operated for entertainment or amusement in public, whether the machine is coin-operated or not and whether or not it registers a score or tally. This definition shall include but not be limited to pinball machines, bowling machines, video games and electronic games. This enumeration is intended to be typical and shall not be construed as exclusive.

JUKEBOX

Device for the playing of recorded music, operated by deposit of coins.

POOL OR BILLIARD FACILITY OR AMUSEMENT ARCADE

Any premises open to the public having one or more commercial amusement devices, having no substantial business other than as a place of amusement, offering the use of coin-operated amusement machines to the public.

POOL OR BILLIARD TABLE OR BOWLING MACHINE

Coin-operated device for the playing of pool, billiards or bowling.

VENDING MACHINE

Devices for the dispensing of soft drinks, food, milk, popcorn, candy and other merchandise, operated by deposit of coins.

§ 71-2 License required for individual machines; fees.

No person shall make any commercial amusement device, jukebox, vending machine or amusement ride machine available for public use within the City of Salem without first having paid the required fees and then obtaining a license for each machine to be used from the Treasurer of the City of Salem.

License fees for individual machines shall be as follows:

[Amended 10-16-1995 by Ord. No. 95-15]

	Type	Fee per Annum
	Commercial amusement devices	$10.00
	Pool or billiard table or bowling machines	$10.00
	Penny vending machine	$1.00
	Amusement ride machine	$5.00

Each license shall specify the name of the party to whom it is issued, business address, date of issuance and fee paid and shall be displayed in a conspicuous place.

All license fees shall be due on the first day of January of each year and shall be issued for a year or such portion of the year as remains at the time of application.[1]

[1]

Editor's Note: Original Section 16:032(e) containing penalties for violations of this section, which immediately followed this subsection, was deleted 10-16-1995 by Ord. No. 95-15. For penalty provisions, see § 71-11.

All cigarette vending machines are hereby prohibited in the City of Salem.

[Added 3-19-2001 by Ord. No. 01-6]

§ 71-3 Police survey.

At least annually, the Police Department shall take a survey of pinball machines, games machines and automatic vending and weighing machines within the City of Salem for the purpose of enforcement of this chapter.

§ 71-4 License required for billiard facility or arcade; exemptions.

No person shall operate a pool or billiard facility or amusement arcade in the City of Salem without having first obtained a license therefor and paid the required fee for operation at a location first approved by resolution of the Council, with the following exemptions:

No portion of this chapter, including § 71-2, Licenses required for individual machines; fees, shall apply to an individual operating any type of amusement device or vending machine which operation is confined to that individual's private dwelling and not for profit.

No portion of this chapter shall apply to any nationally recognized social club, golf club, religious, charitable, benevolent or fraternal organization operated not for profit, so long as the use of said machine or machines is limited to the registered membership of said organization, so long as said machines are owned by the club or are not coin-operated and so long as said organization has in excess of 25 members and files with the city a claim for exemption and statement of fact on which the claim is based.

Any person or corporation whose business premises are licensed for the sale or consumption of alcoholic beverages need not apply for a premises license; however, a license fee must be paid for each commercial amusement device located on the premises. Section 71-8A of this chapter shall not apply to any such person or corporation.

§ 71-5 License applications.

All facility and arcade license applicants shall be at least 18 years of age and shall submit, in writing, to the City Clerk, the following information:

The name and address of the applicant and whether the applicant is an individual, partnership or corporation.

The age of the applicant, of each partner, if a partnership, and of each of the principal officers of the corporation, if the applicant is a corporation.

The prior criminal record of the applicant if any, setting forth the date or dates of conviction, the nature of the violation and the jurisdiction in which the violation occurred. If the applicant is a partnership, the same information shall be supplied for each partner, and if the applicant is a corporation, this information shall be supplied for each of the principal officers of said corporation.

A full description of the device or device to be used by the applicant and made available to the public.

The street number and description of the area where the machines are to be operated, stating the floor or floors of the premises and attaching a sketch showing the rooms or areas involved. Such sketch shall be drawn to scale, with the scale set forth on the sketch, and shall designate all exits, windows and storage spaces to be used in the operation.

A sketch showing the location of all structures and designating the owners of said structures within 200 feet of the proposed operation. Such sketch shall also designate prominent landmarks within the two-hundred-foot radius, be drawn to scale, with the scale set forth on the sketch, and show all streets and proposed areas of off-street parking to be utilized by the general public for said operation.

§ 71-6 Investigation of application and action.

Upon receipt of an application for a license the City Clerk shall report the same to the Council, who shall refer the same to the Department head of the Police Department for investigation and verification of the information contained therein. The Department head shall make his recommendation to the Council, who shall approve or disapprove the application. The Council shall in their deliberation take into consideration the following:

The zoning classification for the proposed location; and compliance of the structure with Housing, Fire and Health Code requirements.

The proximity of the proposed location to historical sites, licensed establishments for distribution and/or consumption of alcoholic beverages; churches and other institutions, such as schools, nursing homes or senior citizens residence centers, hospitals or other medical institutions incompatible with the continued presence of juvenile and adult patrons of pool; billiard parlors or arcades; and the proximity to residential neighborhoods and restored structures whose value depends on high maintenance and continuous care.

The proximity to areas of dense foot traffic in which congregation by patrons of the pool or billiard parlor or arcades will interfere with or hamper the free passage of pedestrians.

Proper noise insulation if necessary to protect neighboring premises from noise of operation.

§ 71-7 Regulations applicable to pool or billiard facilities and amusement arcades.

No operation of any facility or arcade shall be permitted between the hours of 10:00 p.m. and 9:00 a.m., nor shall such facilities be open to the public on Sunday.

No operator shall offer or permit to be offered any prizes or awards, whether in cash or otherwise, as an inducement to the use of said machines.

No operator shall permit any person using a commercial amusement device to operate the same for any gambling purpose prohibited by law. In the event that it is determined judicially or by admission of the operator that any commercial amusement device is being operated as a gambling device, the machine may be confiscated and destroyed or sold at public auction, and the license of the operator may be revoked after a hearing.

No operator shall permit any minor under the age of 17 years, unaccompanied by a parent, on the business premises while school is in session or to remain on the premises after 10:00 p.m.

No operator shall permit the noise level on any licensed premises to interfere with the reasonable use of any adjacent structures.

During all hours of operation, either the operator or an adult, paid employee of the operator shall be on the premises and in a position to observe all machines and members of the public engaged in their operation, and there shall be at least one custodian for every 10 commercial amusement devices.

There shall be at least 25 square feet of floor space [five by five (5 X 5) feet] for each commercial amusement device.

No card playing shall be permitted on premises licensed under this section, whether for social purposes or not.

§ 71-8 Fees for billiard facilities or amusement arcades.

[Amended 10-16-1995 as Ord. No. 95-15]

The license fee for pool or billiard facilities or amusement arcades shall be $750 for each establishment or location, plus $50 for each commercial amusement device to be located therein, or the appropriate fee for other devices as set forth in § 71-2, all of said fees to be payable in full for any portion of the calendar year commencing on January 1 and ending on December 31 for which a license for either a premises or a device is sought. All licenses shall expire on December 31 of each year. The annual fees shall be due within 10 days after the first day of January. Licenses shall be renewed annually by filing notice with the City Clerk for review and approval by the Council between October 1 and November 1 preceding the calendar year for which the license is sought to be renewed. No license shall be transferable from one location to another or from one person to another.

§ 71-9 Disturbances.

[Amended 10-16-1995 as Ord. No. 95-15]

The licensee shall not permit fights, brawls or disturbances within the premises or on the public sidewalk, alley or street adjacent to the premises so as to constitute a public nuisance, nor shall said licensee permit congregation by his customers on a public thoroughfare, sidewalk or street which has the effect of blocking the free passage of pedestrians or vehicles or causing annoyance to said passersby so as to constitute a public nuisance. Any licensee or his, her or its agent who has knowledge or should have knowledge of the aforesaid prohibited activity and fails to take steps to avoid such an occurrence by means available to him as proprietor of a public place shall be punishable in the Municipal Court of the City of Salem and be subject to penalties available by law.

§ 71-10 License suspension and revocation.

[Amended 10-16-1995 as Ord. No. 95-15]

Conviction of a licensee or his or her agent of a violation of any provisions of this chapter in Municipal Court shall be sufficient grounds for suspension of a license issued pursuant to this chapter for a period of 30 days; three such convictions in the Municipal Court shall result in the mandatory revocation of said license.

§ 71-11 Violations and penalties.

[Amended 10-16-1995 as Ord. No. 95-15; 7-20-2020 by Ord. No. 20-06]

Any person violating this chapter shall, upon conviction, be subject to a fine of not less than $100 nor more than $2,000; or imprisonment in the county jail for a term not exceeding 90 days or by a period of community service not exceeding 90 days. Any person who is convicted of violating this chapter within one year of the date of a previous violation of the same chapter and who was fined for the previous violation, shall be sentenced by a court to an additional fine as a repeat offender. The additional fine imposed by a court upon a person for a repeated offense shall not be less than the minimum or exceed the maximum fine fixed for a violation of the chapter, but shall be calculated separately from the fine imposed for the violation of the chapter.