[HISTORY: Adopted by the Township Committee
of the Township of South Hackensack 11-5-1981. Amendments noted where
applicable.]
As used in this chapter, the following terms
shall have the meanings indicated:
All automatic amusement games of the type commonly known
and designated as "bagatelle," "baseball" or "pinball" games or similar
amusement machines or devices operated, maintained, used or actuated
by means of a token, coin or similar object for the purpose of amusement
or skill and for the playing of which a fee is charged.
Any person in whose place of business one or more mechanical
amusement devices are placed or kept for operation by the public.
A.
The purpose of this chapter is to regulate the licensing
and use of coin-controlled amusement devices to preserve and protect
the public good, welfare and morals.
B.
All fees specified in and required by this chapter
are imposed to defray the cost of regulation.
[Amended 12-19-1996 by Ord. No. 96-14]
No person shall operate a coin-controlled amusement
device within the Township of South Hackensack without having first
obtained a license for each device from the Township Clerk and paid
the required fee therefor. As of December 31, 1981, licenses shall
only be issued in the Commercial District and Business District.
A.
The provisions of this chapter requiring an operator's
license shall not apply to any church, fraternal or veterans' organization
or other religious group or charitable or nonprofit organization which
operates any coin-controlled amusement device for the use of its members
and their guests and is on premises owned or controlled by it.
B.
No license shall be issued to any person under 18
years of age.
Applications for licenses shall be made to the
Township Clerk, in writing, on forms to be supplied by the Township.
In order to enable the Township Clerk to determine the suitability
of the premises and its location and the fitness of the applicant
to maintain or use the devices applied for, said application shall
contain the following information:
A.
The type of ownership of the business, i.e., whether
an individual, partnership, corporation or otherwise.
B.
The name, style and designation of the business maintaining
the devices.
C.
The address of and all telephone numbers at the location
where the device or devices will be utilized.
D.
The name and residence address of the manager and/or
other person principally in charge of the operation of the business
premises.
E.
The following personal information concerning the
applicant, if an individual; and concerning each stockholder holding
10% or more of the stock of the corporation; each officer and each
director, if the applicant is a corporation; concerning the partners,
including limited partners, if the applicant is a partnership; and
concerning the manager or other person principally in charge of the
business premises:
(1)
Name, complete residence address and residence telephone
numbers.
(2)
The two previous addresses immediately prior to the
present address of the applicant, or officer thereof, submitting the
application.
(3)
Written proof of age.
(4)
Height, weight, sex and color of hair and eyes.
(5)
Two front-face portrait photographs taken within 30
days of the date of the application and at least two inches by two
inches in size.
(6)
Whether or not the applicant has been previously licensed
by any public or governmental authority to maintain coin-controlled
amusement devices for use by the public or has previously applied
for such a license, and whether or not such a license has been denied,
revoked or suspended and the reason therefor.
(7)
All criminal convictions, fully disclosing the offense
for which convicted and the circumstances thereof.
(8)
A complete set of fingerprints, taken and to be retained
on file by the Police Chief or his or her authorized representative.
(9)
Such other information as may be required by the Police
Chief to discover the truth of the matters hereinbefore required to
be set forth in the application.
(10)
Authorization for the Township, its agents or its
employees to seek information and conduct an investigation into the
truth of the statements set forth in the application.
(11)
The names and addresses of three adult residents of
the County of Bergen who will serve as character references.
(12)
Written declaration by the applicant, under penalty
of perjury, that the foregoing information contained in the application
is true and correct, said declaration being duly made before an individual
authorized to administer oaths within the State of New Jersey, which
individual shall affix his or her sign or seal thereto.
(13)
Number of licenses desired.
(14)
Address where the device(s) is (are) to be located.
(15)
Description of the device or devices, including the
name of the manufacturer and serial number.
Upon receiving the application and fee, the
Township Clerk shall conduct an investigation into the applicant's
moral character and personal and criminal history. The Clerk may,
in his or her discretion, require a personal interview of the applicant
and such further information as shall bear on the investigation.
No license shall be issued unless the application
and license fee requirements have been met and an investigation into
the fitness of the applicant conducted.
The Township Clerk shall issue a license within
45 days of receipt of the application, unless he or she finds that:
A.
The correct license fee has not been tendered with
the application.
B.
The maintenance or use of such device or devices would
not comply with all applicable laws, including but not limited to
building, zoning and health regulations, or as prohibited herein.
C.
The applicant, if an individual or any of the stockholders
holding 10% or more of the stock of the corporation; any of the officers
or directors, if the applicant is a corporation or any of the partners,
including limited partners; if the applicant is a partnership and
the manager or other person principally in charge of the operation
of the business has been convicted of any crime involving dishonesty,
fraud, deceit or moral turpitude, unless such conviction occurred
at least five years prior to the date of the application.
D.
The applicant has made any false, misleading or fraudulent
statement of fact in the application or in any document required by
the Township in conjunction therewith.
E.
The applicant has had a similar license denied, revoked
or suspended within five years prior to the date of the application.
F.
The applicant, if an individual or any of the officers
or directors, if the applicant is a corporation; or any of the partners,
including limited partners, if the applicant is a partnership; or
the manager or other person principally in charge of the premises
on which the devices are located is not over the age of 18 years.
A.
All licenses issued under this chapter shall be deemed
to be granted upon the express condition that, in addition to any
other sanction or penalty, the issuing, licensing or approval authority
may:
(1)
After due notice by personal service or registered
or certified mail and after due hearing suspend or revoke the license
of any person for violating any provision of this chapter or for other
good cause.
(2)
Suspend temporarily, pending a hearing or notice thereof,
any such license when such is deemed by the issuing licensing authority
to be immediately necessary to prevent emergent danger to the public
welfare, good or morals. Any such temporary suspension without notice
shall be for a period of not longer than 10 days.
All licenses under this chapter shall be issued
subject to state law, this chapter and other applicable ordinances
and police regulations of the Township.
[Amended 12-19-1996 by Ord. No. 96-14]
An operator shall be charged a fee as provided in Chapter 108, Fees, which fee shall be submitted with the application for the operation of the premises.
Every license shall be numbered and shall disclose
on its face the name and post office address of the licensee to whom
it is issued and the address wherein the device shall be located.
A separate license shall be obtained for each
coin-controlled amusement device and shall be affixed thereto by the
licensee.
All licenses shall expire on April 30 of each
year.
No operator's license shall be transferable
from operator to operator nor from place to place by any operator
of coin-controlled amusement devices. It shall be valid only at the
place and by the operator designated on the license.
A.
It shall be unlawful in the Township of South Hackensack
to place, maintain, control, conduct or operate more than two of the
aforesaid devices in any one business establishment, and there must
be at least 5,000 square feet of floor area for each such device.
B.
Any operator of a coin-controlled amusement device
who was duly licensed prior to December 31, 1981, shall be permitted
to retain that number of said devices as were being operated on December
31, 1981; notwithstanding the foregoing, said number of devices may
not be expanded unless said expansion meets all the requirements as
set forth in this chapter.
No mechanical amusement device, as defined herein,
shall be located in any premises within 200 feet of a church or school.
It shall be unlawful to maintain in or on any
premises for use by the public or to which the public is invited any
multiple or arcade-type of automatic amusement game operation, in
excess of two such devices. This does not include vending machines
which are not gaming or amusement devices or any coin-operated mechanical
musical device.
No licensed device shall be operated or be permitted
to be operated as a game of chance or gambling device.
A.
The devices to be used under the license(s) shall
be so arranged as to permit a clear view of the interior of the room
or rooms involved from the exterior at all times. Any operator of
a coin-controlled amusement device who was duly licensed prior to
December 31, 1981, is exempt from this provision. Notwithstanding
the foregoing, any change in the location of said machines must meet
the requirements of this section.
B.
No operator shall knowingly permit any person convicted
of a crime to be associated with him or her in the management of the
business or to be an employee or to loiter on the premises.
C.
No operator shall offer, or permit to be offered,
any prizes or awards, whether cash or otherwise, as an inducement
to use said machines.
D.
No operator shall permit any activity on the licensed
premises which is immoral or which creates an undue amount of noise
or a breach of the peace occurring therefrom.
[Amended 12-19-1996 by Ord. No. 96-14]
Any operator violating this chapter shall, upon
conviction, be subject to a fine not exceeding $1,000, imprisonment
for a term not exceeding 90 days, a period of community service not
exceeding 90 days, or any combination thereof, and a separate offense
shall be deemed committed on each day during or on which a violation
or failure to comply occurs or continues.
The Chief of Police shall be responsible for
inspecting or causing an inspection of any place or building in which
any such device or devices are operated as well as to test such device
on reasonable occasions to determine their compliance herewith.
