[HISTORY: Adopted by the Mayor and Council of the Borough
of Swedesboro 4-10-1945 (Ch. 51 of the 1982 Code). Amendments noted where applicable.]
[Amended 2-15-1982[1]]
This chapter is enacted for the purpose of regulating and controlling
amusement games and machines known and designated as "electric crane
machines," "electronic games," "video games," "pinball games" or coin
music boxes commonly called "jukeboxes."
No person, firm or corporation shall maintain, operate or possess
in any store, building or other place wherein the public is invited
or where the public may enter or any building or other place wherein
any club or organization meetings are held within the Borough of Swedesboro
any amusement game or games or machines of the type commonly known
as "electric crane machines," "electronic games," "video games" or
"pinball machines" or any coin music boxes for the playing of music
commonly called "jukeboxes" without first obtaining a license therefor.
[Amended 12-28-1970[1]]
The annual license fee for such amusement game or machine shall be as set forth in Chapter 140, Fees, payable in advance for the calendar year in which it is issued.
[Amended 12-28-1970[1]]
The annual license fee for such coin music boxes commonly called a "jukebox" shall be as set forth in Chapter 140, Fees, payable in advance for the calendar year in which it is issued.
The Borough Clerk shall cause to be prepared the necessary forms
of application for license to maintain such games, machines or boxes,
which application shall state the name and address of the applicant;
the exact location where the game, machine or box is to be installed;
the kind of game, machine or box; and shall state whether or not the
applicant has been convicted of a crime or violation of any federal,
state or local laws and such other information as the Borough Council
shall deem necessary and proper. A separate application shall be required
for each game, machine or box. The license fee shall accompany each
application filed, and if the application is denied, the fee shall
be returned to the applicant.
The proprietor of the premises where the game, machine or box
is to be installed shall be the applicant for the license herein required.
The application must be signed by the applicant. Upon receipt of the
application, the Borough Clerk shall refer the same to the Chief of
Police and the Chief of the Fire Department, who shall make or cause
to be made an inspection of the premises described in the application.
The Chief of Police and the Chief of the Fire Department, upon completion
of their inspection, shall attach to said application their reports
thereon in writing, which shall also state their approval or disapproval
and the reasons therefor. Upon receipt of said application and inspection
reports, the Borough Council of the Borough of Swedesboro shall proceed
to consider the same and shall either approve or disapprove the issuance
of the license to said applicant. If the application is approved,
the Borough Council shall authorize the Borough Clerk to issue the
necessary license upon receipt of the license fee or fees as herein
provided.
At any time after the granting of said license, the Borough
Council may, in the exercise of its discretion, revoke the same for
any willful false statement in the application. Said license may be
revoked in the event that the licensee shall be convicted of any violation
of this chapter.
Nothing contained in this chapter shall prohibit the holder of the license herein provided for games and machines mentioned in § 84-1 from substituting a game or machine at the location set forth in such license, but at no time shall more than one game or machine be operated under one license.
Every such license shall apply only to the person to whom it
was granted and for the premises stated in the application and on
the license and shall not be transferable unless the Borough Council
approves of such transfer in writing.
No person under the age of 16 years of age shall be permitted
to play or operate any of said electric crane machines, electronic
games, video games or pinball amusement games or machines.
[Amended 5-6-1952; 7-1-1957; 4-19-1982]
The operation or playing of all types of games, machines or
boxes mentioned herein shall not be permitted between the hours of
2:00 a.m. and 8:00 a.m. in the morning.
No more than three games, machines or device of the type or
types herein mentioned shall be permitted to be used or operated in
any one place, location or premises, and a separate license must be
obtained for each machine so operated.
Said license, when granted, shall be affixed in a conspicuous
place to the game, machine or box for which it was issued and shall
show the name and post office address of the licensee; the manufacturer's
serial number of the game, machine or box; and the amount required
to operate said game, machine or box and shall state that the game,
machine or box to which the same is affixed is licensed by the Borough
of Swedesboro.
Any person, firm or corporation who shall use or permit to be
used any of the games, machines or boxes licensed hereunder for the
purpose of gambling shall be guilty of a violation of this chapter
and penalized therefor as herein provided. The Borough Council may,
in its discretion, revoke the license or licenses if the game, machine
or box is used or permitted to be used for the purpose of gambling.
[Amended 2-15-1982]
Any person found in violation of any provisions of this chapter,
upon conviction thereof, shall be penalized by a fine in any sum not
exceeding $500 or, in default of the payment of such fine, may be
imprisoned in the county jail for a term not exceeding 90 days, or
both, as may be fixed in the discretion of the Judge. Any corporation
violating any of the provisions of this chapter shall, upon conviction
thereof, pay a fine not exceeding $500 which may be recovered by the
manner provided by law.
