Borough of Cresskill, NJ Chapter 76 Amusements and Entertainment

[HISTORY: Adopted by the Mayor and Council of the Borough of Cresskill at time of adoption of Code (see Ch. 1, General Provisions, Art. I). Amendments noted where applicable.]

Article I Circuses and Carnivals

§ 76-1 Permit required.

It shall be unlawful for any person, firm or corporation to conduct a carnival, fair, circus or other exhibition or special event in Cresskill without first having received a permit in accordance with the conditions and limitations as set out in this article.

§ 76-2 Application procedures.

A. At least 30 days prior to the date of any event requiring a permit hereunder, the applicant for such permit shall file an application, in writing, with the Borough Clerk, which application shall contain the following information:

(1) The type of exhibition.

(2) The number of admission tickets to be sold, if any, or approximate capacity of any and all buildings to be used.

(3) The amount of space and plan of the area where exhibition would take place.

(4) The number of entrances to be opened for admittance to a building, if any, and, if applicable, the number of entrances to be used solely for admission to the exhibition seating area or areas.

(5) The number of staff, including security personnel.

(6) The parking facilities available.

(7) That there are adequate sanitary facilities for the people expected.

(8) That there are trash and litter receptacles for outside performances and exhibitions.

(9) The length of time the exhibition shall take place.

(10) The hours of the day or night during which the exhibition shall take place.

(11) Such other relevant information as the Police Department, Health Nuisance Inspector or Fire Official shall require.

(12) Signature by the applicant or, if an organization, firm or corporation, by an individual authorized to sign on its behalf. The application shall be notarized.

B. The applicant shall furnish evidence that a public liability insurance policy in the minimum amount of $1,000,000, naming the Borough as an insured, shall be in force and effect at the time the exhibition takes place.

C. The applicant shall furnish evidence regarding the safety of equipment to be used at the exhibition, if any.

D. The applicant or applicants shall furnish to the Borough a good and sufficient bond in the sum of $10,000, conditioned that they will leave the streets of the Borough in as good condition as they find them and that they will immediately clear up and remove any litter and rubbish from the grounds used and the streets or alleys adjacent thereto.

E. The applicant or applicants shall submit to the Borough Clerk any Legalized Games of Chance Control Commission applications required for raffles which will be held at the event.

F. The Borough Clerk or his or her designee shall notify the Police Department and Construction Official of the receipt of plans as required under Subsections A through E and shall forward copies of these plans to the Construction Official for approval.

G. The Borough shall have the authority to order additional staffing or any additional authority as needed to ensure the safety of the patrons and the public.

H. Nothing in this section shall be construed in any fashion whatsoever as limiting the liability of those responsible for the management and operations of the event, including the employment of adequate personnel for security, safety, health and sanitation.

§ 76-3 Hours of operation.

All carnivals, fairs, circuses, exhibitions and special events shall operate between the following hours only:

A. Monday through Friday: 9:00 a.m. to 11:00 p.m.

B. Saturday: 9:00 a.m. to 11:00 p.m.

C. Sunday: 11:00 a.m. to 10:00 p.m.

§ 76-4 Application fee.

A fee of $100 shall be paid by the applicant at the time of the application.

§ 76-5 Violation and penalties.

Any person, firm or corporation violating any provision of this article shall, upon conviction, be subject to a fine not exceeding $1,000, a term of imprisonment not exceeding 90 days or a period of community service not exceeding 90 days, or any combination thereof.

Article II Amusements and Amusement Devices

§ 76-6 Definitions.

As used in this article, the following terms shall have the meanings indicated:

AUTOMATIC AMUSEMENT DEVICE

A. This article is intended to apply to any machine which, upon the insertion of a coin, slug, token plate or disk or operated for any other consideration, may be operated by the public generally for use as a game, entertainment or amusement, whether or not registering a score, including but not limited to such devices as video games, pinball machines, skill ball, mechanical grab machines, billiard tables, bowling games and all games, operations or transactions similar thereto under whatever name they may be indicated. In addition to electromechanical devices, it shall include video-type devices 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.

B. This article shall not apply to coin-operated amusements commonly known as "kiddie rides," more specifically, those coin-operated machines which are sat upon or in and cause a certain motion or gyration following the insertion of a coin and are designated primarily for use by children under the age of 10. It shall also not apply to music-playing devices such as jukeboxes. Shooting galleries where guns or firearms which fire projectiles are used for an amusement, prize or otherwise are not intended to be included in this article and shall not be licensed or permitted within the limits of the Borough.

DISTRIBUTOR

Any person who supplies any automatic amusement device to another for use in his or her premises, whether under lease or any similar arrangement.

OPERATOR

Any person in whose premises any automatic amusement device is placed or kept for operation.

PERSON

Any person, firm, corporation, partnership or association.

§ 76-7 Purpose and objective.

The purpose of this article is to regulate and control all automatic amusement devices and license those devices which are operated for the purpose of making a profit. The objective of this article is to prevent nuisances to patrons and the public, fire hazards from overcrowding, poor ingress and egress, the promotion of gambling, loitering or the creation of an unhealthy atmosphere for the youth of the community or other foreseeable undesirable effects arising from the use of automatic amusement devices.

§ 76-8 License required; exemptions.

A. License required. No person shall maintain, operate or possess in any store, building or other place where individuals may enter within the Borough of Cresskill any automatic amusement device without first obtaining a license therefor.

B. Exemptions. The license requirements of this article shall not apply to the Borough of Cresskill nor to churches, synagogues and places of worship within the Borough of Cresskill nor to any nonprofit organizations, such as civic, fraternal or vocational organizations. All other requirements of this article shall apply to these uses except § 76-10C.

§ 76-9 Application for license.

A. All applications for a license under this article shall be made and delivered to the Borough Clerk on forms to be supplied for the purpose and shall be subscribed and sworn to by the applicant, who must be at least 18 years of age.

B. The application for the license shall contain the following:

(1) The name and address of the applicant.

(2) The name of the place or establishment where the automatic amusement device is to be operated and the location of the same.

(3) The number and type of alcoholic beverage license associated with Subsection B(2), where applicable.

(4) The number and type of automatic amusement devices sought to be licensed.

(5) The location where each automatic amusement device is to be located.

(6) The name and address of the person from whom each device is to be purchased, rented or otherwise obtained.

(7) A description of each automatic amusement device sought to be licensed, including, for each device, the name of the manufacturer, model number and serial number.

(8) The terms of an agreement governing the acquisition and installation of said automatic amusement device.

(9) Information indicating whether the distributor, the applicant or any person connected with the operation of the place wherein the device is to be installed has ever been convicted of any crime or found guilty of the violation of any ordinance pertaining to gambling or gaming.

(10) Any other information which the Borough government may deem reasonably necessary and proper for the full protection of the interest of the patrons or the public in the application.

§ 76-10 Limitations on number and location.

A. The number of automatic amusement devices that may be located in any one location shall be no more than two without Mayor and Council approval.

B. The following rules shall govern the location and general operation of automatic amusement devices within all business premises:

(1) Each device shall be located at least 10 feet from the entranceway to the premises in which located and placed so that it does not obstruct or interfere with the free and unfettered passage to and from the premises of patrons or users of the premises.

(2) Each device shall have an unobstructed perimeter zone or distance of four feet around the sides of the three linear borders of said device wherein the users of said device may use, watch or wait to use said device. The area which is required hereunder for each such machine shall not be encroached upon by the area of any other machine. It is the intent of this article that, for purposes of preventing overcrowding and assuring safe passage of the general public, each machine shall have its own unobstructed perimeter zone.

(3) The licensee shall at all times control the sound so as not to cause disturbance or nuisance to others in the vicinity of the machine. The licensee shall at all times place the machine so that the part of the machine from which the sound emits shall not be within 10 feet of the front entrance of the place of business and shall not any time place a music machine so that the sound is disturbing to the public in the streets or to other persons occupying a building in the immediate vicinity.

C. No games subject to this article may be operated within 500 feet of a school up to the 12th grade or house of worship. The distance shall be measured for similar restrictions imposed and as interpreted for alcoholic-beverage-licensed premises by the Alcoholic Beverage Commission.

§ 76-11 Restrictions.

A. No operation of any automatic amusement devices shall be permitted between the hours of 11:00 p.m. and 9:00 a.m., except where alcoholic beverages are served, in which case the permitted hours of operation shall correspond to the allowable hours of operation of the establishment.

B. 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.

C. No operator shall permit any person using an automatic 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 automatic amusement device is being operated as a gambling device, the machine may be confiscated and destroyed or sold at an auction, and the license of the operator may be revoked after a hearing.

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

E. Every automatic amusement device required to be licensed under this article shall have permanently affixed thereto an individual identification number or serial number, which number shall not be transferable from one machine to another.

§ 76-12 Fees.

A. The fee for all applications for licenses pursuant to this article shall be $100 in addition to all licensing or transfer fees.

B. The fee for a license to operate an automatic amusement device shall be $100 per year for each device.

§ 76-13 Term, transferability and renewal of license; fee.

A. All licenses issued under this article shall be for a term of one year, commencing on January 1 and expiring on December 31 of the year of issuance.

B. A license may be transferred from one machine to another by giving notice to the Borough Clerk to that effect and giving a description of the new machine, including manufacturer, model number and serial number. There shall be a fee for all transfers in the amount of $25 per transfer. The required notice shall set forth all information required under § 76-9 of this article.

C. A license shall be renewed by submission to the Borough Clerk no later than November 1 of an application therefor pursuant to §§ 76-9 and 76-12 of this article.

D. Any objections to the renewal of a license shall be filed with the Borough Clerk. All objections shall be in writing and signed by the individual or entity making the objection. A hearing on the objection to renewal shall be held prior to December 31 of the year of the application to renew. Notice of the hearing shall be published at least once in a newspaper circulating within the Borough, no less than 10 days prior to the hearing. All hearings shall be conducted by the Mayor and Council. If a majority of the Mayor and Council determines that the operator has violated the terms and provisions of this article and that such violations are likely to continue, then the operator's license shall not be renewed. In rendering its decision, the Mayor and Council shall set forth, in writing, its findings of facts, conclusions and reasons therefor. A copy of its decision shall be sent to the operator and person or persons who filed objections within 20 days of the hearing's conclusion. Any licensee shall be entitled to continue the operation of the licensed premises pending the decision of the Mayor and Council.

§ 76-14 Investigation.

The Zoning Officer or the chief law enforcement officer, or his or her designee, may make an investigation of the premises and the applicant to determine the truth of the facts set forth in the application. The Fire Prevention Officer, or his or her designee, may inspect the premises to determine whether said premises comply with existing fire regulations of the Borough. The Zoning Officer or the chief law enforcement officer and Fire Prevention Officer may, upon completion of their inspections, attach to said application their reports thereon in writing. Upon receipt of said application and inspection reports, if any, the Mayor shall proceed to consider the same and shall either approve or disapprove the issuance of the license to said applicant. If the applicant is approved, the Mayor authorizes the Borough Clerk to issue the necessary license upon the receipt of the license fee or fees as herein provided.

§ 76-15 Revocation of license; display of license.

A. Revocations of license. Anytime after the granting of said license, the Mayor may, in the reasonable exercise of his or her discretion, suspend the same if he or she finds:

(1) A violation of any of the provisions of this article.

(2) False or incorrect material on the application or information furnished by the applicant.

(3) A failure to maintain good and safe conduct on the premises.

(4) A violation of the laws of the State of New Jersey, of this article or of other ordinances of the Borough of Cresskill.

(5) That the presence of the machines results in gambling, obscene and loud language disturbing to the public or to other patrons of the premises, creation of a nuisance, excessive noise, litter, traffic or rowdyism by the patron.

B. A hearing on the suspension will be held within 30 days. All hearings will be conducted by the Mayor and Council. If a majority of the Mayor and Council determines that the operator has violated the terms and provisions of this article and that such violations are likely to continue, then the machine may be confiscated and destroyed or sold at auction and the license of the operator revoked. In rendering its decision, the Mayor and Council shall set forth, in writing, its findings of fact, conclusions and reasons therefor. A copy of its decision shall be sent to the operator within 20 days of the hearing's conclusion.

C. Posting and displaying. An operator's license granted pursuant to this article shall:

(1) Be posted in a conspicuous place on the location for which said license was granted.

(2) State the name and address of the licensee.

(3) State the manufacturer, model number and serial number for each and every mechanical amusement game for which said license was issued.

§ 76-16 Violations and penalties.

Any person, firm or corporation violating any provision of this article shall, upon conviction, be subject to a fine not exceeding $1,000, a term of imprisonment not exceeding 90 days or a period of community service not exceeding 90 days, or any combination thereof. Each day that a violation occurs or is committed shall constitute a separate offense.