[Adopted 6-8-1970 as Sec. 6-6 of the Revised General Ordinances]
As used in this article, the following terms shall have the
meanings indicated:
Any automatic, mechanical or electronic amusement device,
game or device of skill or entertainment, such as pinball machines,
electronic games, bowling machines, mechanical game machines, skeeball
machines, pokerino machines and commercial pool tables, which are
operated or set in motion by the deposit therein of any coin or coins,
tokens or slugs or the like thereof, purchased for cash, and including
electronic video-type games or machines or similar devices that use
a display screen for points, lines or dots of light that can be manipulated
to simulate games or other types of entertainment. Excluded from this
definition are music vending machines commonly known as "jukeboxes."
Any natural person, partnership, firm, association, corporation
or any other business entity which owns or controls premises or a
location within the Town of Newton in which any device is displayed
or kept for use or play.
Any natural person, partnership, firm, association, corporation
or other business entity.
No operator shall operate such a device unless a license is
first obtained from the Town. A separate license for each device shall
be obtained. Applications shall be made on forms supplied by the Town
Clerk.
A.
Any person who owns or leases devices as defined in § 53-1 of this article and who is a nonprofit, charitable, or religious organization and is exempt from the fees of payment requisites of obtaining a license upon said amusement games; but such organizations, associations, and corporations shall not maintain, place or install more than two devices in or about any single premises or location.
B.
Excepted from the provisions of this article are a maximum of two
devices located in private residences and utilized by the residents
thereof and their social guests only.
The license fee for each device licensed under this article shall be as set forth in § 100-4A.
If any device required to be licensed under this article is
utilized for any illegal purposes, the same may be seized, impounded
or destroyed if the licensee shall plead or be found guilty in connection
with any criminal charge relating to the illegal use of such machine.
A.
Application information. In addition to the requirements set forth in § 171-2, said application shall state the following:
(1)
Type of alcoholic beverages sold, if applicable.
(2)
Number and type of devices sought to be licensed.
(3)
Name and address of the person from whom each such device is to be
purchased, rented, or otherwise obtained.
(4)
Description of each device to be licensed, including for each device
the name of the manufacturer, model number and serial number.
(5)
Copies of agreements governing the acquisition and installation of
said devices if leased, or documents of title, if owned.
(6)
Information indicating whether the distributor, the applicant, or
any person connected with the operation of the place of business wherein
the device is to be installed has ever been convicted of any crime
or convicted of the violation of any statute, ordinance or regulation
pertaining to gambling or gaming in any jurisdiction, the nature of
the offense and the punishment or penalty imposed.
(7)
Certification that the applicant is over 18 years of age.
(8)
Any other information which the Town Council may deem necessary and
proper for the full protection of the interests of the public in the
application.
B.
Processing of application. In addition to the investigation called for in § 171-3:
(1)
Upon receipt of an application for the license under this article,
the Police Chief shall conduct an investigation into the nature of
the device(s) to be licensed and the location at which such device
is to be used.
(2)
Upon receipt of an application for the license under this article,
the fire subcode official shall inspect the premises wherein devices
shall be located to determine whether said premises comply with existing
fire regulations of the Town.
(3)
The Police Chief and the Fire Chief shall inform the Town Clerk in
writing within a reasonable time of the date of application of their
investigation and inspection.
(4)
The Town Clerk shall have the power to issue licenses, or not issue
licenses, if such application is deemed not consonant with this article,
and an application shall also be denied when it is determined that
the installation of a device at a particular location violates this
article or any statute, ordinance or regulation.
(5)
Upon the Town Clerk denying any application, the unsuccessful applicant shall have the right to appeal such denial to the Town Council in the manner set forth in § 171-3.
(6)
No license shall be issued to any person who shall have been convicted
in any jurisdiction of an offense which under the laws of New Jersey
is denominated a misdemeanor or a high misdemeanor.
C.
Amendment of application. In the event during the course of any calendar
year an operator desires to replace a licensed device with an unlicensed
device, he may do so by filing an amended application with the Clerk,
which clearly specifies and identifies the replaced device and the
new device.
A.
The licensee 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.
B.
The licensee shall not permit, suffer or allow any person to bid
or gamble in any form or manner on the licensed premises and shall
prevent any immoral or illegal conduct from occurring.
C.
No licensed premises shall be without adequate sanitary facilities
or contain any fire, safety or health hazards.
D.
Every device shall at all times be in clear view upon the premises
wherein it is located.
E.
No licensee shall refuse to cooperate fully with the Police Department
and Fire Department, nor shall any licensee refuse access to his premises
by the Police Department, Fire Department, or the Department of Health
and Senior Services at any time during normal business hours or at
any other reasonable hour.
F.
No devices subject to this article may be operated within 500 feet
of a school or a house of worship.
G.
No premises shall be issued licenses for a device unless such premises are located in the C-2 or C-3 zone as referenced in Chapter 320, Zoning, and are permitted uses thereunder.
H.
No more than one automatic amusement device shall be licensed under
this article for each 125 square feet of floor area, with a maximum
of 15 such devices in any location wherein such devices are to be
operated, used or maintained.
This article shall take effect on April 1, 1982, after final
passage and publication as required by law.
