As used in this article, the following terms shall have the meanings indicated:
AMUSEMENT AND ENTERTAINMENT MACHINES OR DEVICES
Any machine, contrivance or device that, upon the insertion of a coin, slug, token, disc or key into a slot, crevice or other opening or by the payment of any price, operates or may be operated by the public generally and shall include, without limitation, such devices as marble machines, pinball machines, mechanical games or machines, skillball or similar amusements and shall also mean pool or billiard tables and bowling alleys.
DISTRIBUTOR
Any person who supplies, offers or exhibits for sale, leases, sells or distributes automatic amusement and entertainment machines or devices or jukeboxes to any other person.
JUKEBOX
Any music-vending machine, contrivance or device that, 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 for the emission of songs, music or similar amusement.
OPERATOR
Any person who owns, leases, rents or operates any premises on or at which any automatic amusement and entertainment machine or device or jukebox is kept, placed or exhibited for use or operation by the public.
PERSON
Any individual, firm, corporation, partnership, association or entity.
PREMISES
Any building, business, store, restaurant, tavern, movie theater or other place to which the public is invited or may enter.
A. 
No person shall supply, offer or exhibit for sale, lease, sell or distribute any automatic amusement and entertainment machine or device or jukebox in the Township of Little Falls without first obtaining a distributor's license. A separate listing shall be required for each location within the Township of Little Falls that the distributor supplies, offers or exhibits for sale, leases, sells or distributes any automatic amusement and entertainment machine or device or jukebox.
B. 
The application for said license shall contain the following information:
(1) 
The name, date, home address and business and telephone number of the applicant and each of its stockholders, officers and directors holding in excess of 10% of its stock.
(2) 
The name and address of the registered agent of the applicant or person upon whom service of process is authorized to be made.
(3) 
The name, date and place of birth, home address and home telephone number of the manager or other authorized agent of the applicant who shall be in charge of or conduct the business of the applicant within the Township of Little Falls.
(4) 
The number of mechanical amusement devices that the applicant will distribute at a location in the Township.
(5) 
A certification under oath, made by the applicant or its authorized representative, that the information contained in the application and all attachments thereto is complete, accurate and truthful to the best of his knowledge and belief.
C. 
The Township Clerk shall promptly forward a copy of the application and accompanying materials to the Chief of the Police Department for investigation, review and report. Such report shall be sent to the Township Council, which, in accordance with the standards and requirements set forth herein, may grant the license or refuse the license. If the license is granted, the Township Clerk shall forthwith issue the license upon payment of the licensing fee.
D. 
The Township Clerk shall ensure that the license application and all attachments thereto are complete and those persons whose names are required to be disclosed on the application are all persons capable of owning, controlling and/or operating machines or devices within the Township of Little Falls in a manner consistent with the public safety, morals and general welfare of the community; that those persons whose names are required to be disclosed on the license application can reasonably be expected to own, control, manage or operate the proposed business in accordance with all applicable laws, ordinances, rules and regulations and free from any gambling, illegal or immoral activity and free of unnecessary and unwanted noise or commotion; that no criminal element is in direct or indirect control or management of the business of the applicant; that the granting of the application and issuance of the license will promote a fair and competitive market for the distribution of such devices within the Township of Little Falls; that the granting of the application and issuance of the license has been done after the applicant has properly executed all agreements and consents required by this article and has agreed to conduct his business in accordance with all requirements of this article and all other applicable laws, ordinances, rules and regulations.
E. 
No license shall be granted for any amusement or entertainment device that is to be used for the purpose of gambling. For the purpose of this article, an amusement and entertainment device, the operation of which is based in any part on random chance or the random assignment of numbers and the operation of which does not require more than minimal skill or hand-eye coordination, shall be presumed to be intended to be utilized for gambling purposes. By way of clarification but not limitation, amusement or entertainment devices used for the purpose of gambling shall be deemed to include the following:
(1) 
Amusement or entertainment devices known as "Joker Poker" or any similar mechanical amusement devices displaying playing cards; Keno, Dice, Lucky Lines, Cherry Master or any similar amusement devices styled after a slot machine with a rolling display or circular wheel on which are depicted symbols; lotto or lottery-type machines.
(2) 
Any amusement or entertainment device that does not have an operable slot or receptacle for the insertion of coin or paper money.
(3) 
Any amusement or entertainment device with buttons or controls labeled "double up" or "bet."
(4) 
Any amusement or entertainment devices that can be controlled or operated from a remote location by other than the individual operator.
(5) 
Any amusement device readily capable of being converted by the internal technology of the amusement or entertainment device to machines such as set forth in Subsection E(1) above, including but not limited to dual screen machines.
A. 
No person shall keep, place or exhibit any automatic amusement device or jukebox for use or operation by the public on or at any premises in the Township of Little Falls without first obtaining an operator's license for such premises.
B. 
Application.
(1) 
The application shall contain the following information:
(a) 
The name, date, home address and business address, home telephone number and business telephone number of the applicant.
(b) 
The name, address and telephone number of the registered agent of the applicant or person upon whom service of process is authorized to be made.
(c) 
The type, manufacturer and serial number of each device to be licensed.
(d) 
The name, address and telephone number of the distributor of each amusement or entertainment machine or device sought to be licensed.
(e) 
A floor plan reflecting the total square footage of available floor space in the location where the machines are to be maintained. Said floor plan shall also reflect the location of each machine, with the aisle and exit corridors clearly shown.
(f) 
The seating capacity of the location where the machines are to be maintained.
(g) 
The number of machines to be maintained at each location.
(2) 
The application must be accompanied by a copy of a valid certificate of occupancy (CO) issued to the present owner/occupant by the Construction Code Official of the Township of Little Falls.
(3) 
All applicants shall submit bills of sale for such machines or other legal proof of ownership thereof.
C. 
The Township Clerk shall promptly forward a copy of the application and accompanying materials to the Chief of the Police Department and the Construction Code Official for investigation, review and report. Such reports shall be sent to the Township Council, which, in accordance with the standards and requirements set forth herein, may grant the license or refuse the license. If the license is granted, the Township Clerk shall forthwith issue the license upon payment of the licensing fee.
D. 
The person operating the premises where the machine is located shall be liable and responsible for the proper operation thereof, regardless of whether or not he/she is the actual owner of the machine or has rented the same; but this shall not in any way release the actual owner of the machine or device from liability or responsibility for violation of this article or any ordinance of the Township of Little Falls.
E. 
No operator holding a license for the operation of an amusement or entertainment machine or jukebox shall permit the playing of jukeboxes or mechanical amusement devices within 200 feet of any church, public or parochial school or playground.
F. 
No operator's license shall be transferable from operator to operator nor from place to place by any operator of an amusement or entertainment device or jukebox. It shall be valid only at the place and by the operator designated in the license, except as otherwise provided in Subsection G of this section.
G. 
No distributor or operator of amusement or entertainment devices shall offer or permit to be offered any prize, free game or other reward to a person playing any such machine required to be licensed under this article.
A. 
The operator shall not permit, suffer or allow any person to gamble in any form or manner on the licensed premises and shall prevent any immoral or illegal conduct or activity from occurring.
B. 
No person on the licensed premises shall have in his possession or under his control or offer to another any habit-forming drug, nor shall the operator permit, suffer or allow any such person on the licensed premises.
C. 
No operator shall permit, suffer or allow the unlawful sale or consumption of alcoholic beverages upon the licensed premises.
D. 
No operator shall permit the operation of any amusement or entertainment machine or device during the hours when the taverns in the Township of Little Falls are required to be closed or between 3:00 a.m. and 9:00 a.m.
E. 
The operator 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.
F. 
No device shall be operated in such a manner as to be heard outside.
G. 
No song shall be played or words spoken on any device which violate the obscenity law of New Jersey.
H. 
No device shall be permitted to cause any unnecessary or unwanted noise or commotion or otherwise interfere with the public health, welfare and morals.
I. 
No operator shall offer or permit to be offered any prize or other award to any person playing any device.
J. 
No device shall be located in a so-called back room nor in any part of the licensed premises which is not open to the general public.
K. 
No licensed premises shall be without adequate sanitary facilities nor contain any fire, safety or health hazard.
L. 
No licensee nor any of his agents, officers or servants shall, by threats, promises or intimidation, seek to control or direct the placement or removal of any device or to control the placement of any such device from any location within the Township of Little Falls, and any such threats, promises or intimidation shall be reported immediately to the Police Department and to the Township Clerk.
M. 
No licensee shall fail to report promptly to the Police Department and Township Clerk any violation of any law or ordinance occurring on the licensed premises, nor shall any licensee fail to report promptly to the Township Clerk any conduct or activity prohibited by this article.
N. 
Each licensee, distributor and/or operator shall promptly report, in writing, to the Township Clerk any change or addition or deletion of the information furnished on the license application and all material attached thereto, and this obligation shall be fully met during the term of any license or the renewal thereof.
O. 
No licensee shall refuse to cooperate fully with the Township Clerk or any law enforcement officer or agency, nor shall any such licensee, operator and/or owner-operator refuse to produce and make available all records relating to the purchase or distribution of such devices. No such licensee and/or operator shall refuse access to its premises to the Township Clerk, nor to any member of the Departments of Police, Fire, or Health, nor to any law enforcement officer or agency. All mechanical amusement devices licensed by the Township of Little Falls must be available at all times during licensure for internal inspection by an authorized representative of the Township of Little Falls. No mechanical amusement device shall be fastened, locked or secured in such a fashion that the licensee or person in charge of the licensed premises cannot immediately provide access to the internal components of said machine upon request.
P. 
Total number.
(1) 
The total number of amusement and/or entertainment machines or devices permitted at any location shall be as follows:
Seating Capacity
Machines Permitted
Up to 25
4
26 to 50
5
51 to 75
6
76 to 100
7
101 to 150
8
More than 150
9
(2) 
All amusement and/or entertainment machines or devices shall be distributed throughout the licensed premises so as not to create an arcade-type atmosphere.
A. 
Each license, when issued, shall designate the number, type and serial number of machines or devices operated hereunder.
B. 
Each such license shall bear a number, and the number of that license shall be placed in some permanent way upon each machine or device operated or distributed under this article.
C. 
All license fees shall be paid to the Clerk of the Township of Little Falls prior to the issuance of the license, and all licenses issued hereunder shall be issued for a term of one year commencing on January 1 and expiring on December 31.
A. 
The fee for the issuance of a license to operate amusement or entertainment machines or devices, excluding jukeboxes, shall be as set forth in Chapter 71, Fees.
B. 
The fee for the issuance of a license to operate amusement or entertainment devices in a restaurant associated with a hotel shall be as set forth in Chapter 71, Fees.
C. 
The fee for the issuance of a distributor's license for amusement or entertainment machines, excluding jukeboxes, shall be as set forth in Chapter 71, Fees.
D. 
The fees for the issuance of a license to operate and distribute jukeboxes in any place of business shall be as set forth in Chapter 71, Fees, for each jukebox distributed to and located at the place of business, and as set forth in Chapter 71, Fees, per station for each jukebox located at a station at the place of business.
E. 
The licensee fee shall be waived for nonprofit organizations.
A. 
Each license issued shall be posted prominently and conspicuously in the licensed premises.
B. 
Any such license may be amended to evidence the transfer of one machine or device to another similar device, upon application to the Township Clerk, giving a description by type, manufacture and serial number of such machine.
Every license issued hereunder is subject to revocation if any of the following things occur:
A. 
The violation of any of the provisions of this article.
B. 
Any misstatement or omission in the license application or in any information submitted therewith or the failure to notify, in writing, the Township Clerk of any changes by addition or deletion or amendment to said application or information during the term of said license or renewal.
C. 
The determination on revocation shall be made after a hearing before the Township Council.
D. 
Prior to revoking any such license, the licensee shall be given a hearing, in the event that such a hearing is requested, after notice of the right to such a hearing is given by the Township Clerk. The licensee shall be given 10 days' notice of said hearing, or more, and such notice shall state the ground or grounds therefor. At such hearing, the licensee may submit relevant information on his behalf. The rules of evidence shall not apply to such hearing, but each party shall have the opportunity to present his case and to be represented by counsel. Any appeal from the decision of the Township Council shall be to the Superior Court of New Jersey.
No license under this article shall be issued to any applicant unless he is 21 years of age or over.
Amusement devices shall not be operated between the hours of 3:00 a.m. and 9:00 a.m.
The licensee of any premises in which a license for one or more amusement devices or machines is required shall be required to keep on file each application for a license for amusement and/or entertainment machines or devices. Upon request by any law enforcement official of the Township of Little Falls, any licensee of said premises or any employee at said premises shall furnish such information to said law enforcement official.
Every person seeking licensure hereunder shall comply with all state statutes, municipal ordinances and regulations, building and fire code regulations and zoning code requirements, as well as all other statutes and regulations prior to receiving a license or licenses hereunder.
Any person who violates any provision of this article shall, upon conviction thereof, be punished by a fine not exceeding $500 or by imprisonment for a term not exceeding 30 days, or both.