[Adopted 9-1-1965 by Ord. No. 944]
As used in this article, the following terms
shall have the meanings indicated:
Includes individual, natural persons, partnerships, joint
ventures, societies, associations, clubs, corporations or unincorporated
groups or any members, officers, directors or stockholders, or any
kind of personal representative thereof, in any capacity, acting for
himself or for any other person, under either personal appointment
or pursuant to law.
Any mechanical device or contrivance which, by means of the
insertion of a coin, token, slug, disk or other article into a slot,
crevice, opening or attachment connected with or forming a part of
any such devices or contrivances, effects the operation thereof for
use as a game, contest or amusement, or which may be so used.
Any public or quasi-public place, building, store or place
where the public may enter.
[1]
Editor's Note: The former definitions of "distributor"
and "owner and operator," which immediately preceded this definition,
were repealed 5-7-1980 by Ord. No. 1382.
[Amended 5-7-1980 by Ord. No. 1382]
A.
No person shall maintain or operate in any store,
building or other place wherein the public is invited or where the
public may enter, or in any building or other place wherein any club
or organization meetings are held, any amusement device such as electric
crane machines, bagatelle, ballyhoo or pinball amusement games or
operations similar thereto, and whatever juke- or music boxes or other
electronically operated amusement devices, without first obtaining
a license from the office of the License Inspector.
B.
No license shall be granted for any mechanical amusement
device which is to be used for the purpose of gambling. For the purpose
of this article, a mechanical amusement 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, mechanical amusement devices used for the purpose of gambling
shall be deemed to include but not be limited to the following:
[Added 9-16-1992 by Ord. No. 2014]
(1)
Mechanical amusement devices known as "Joker Poker"
or any similar mechanical amusement devices displaying playing cards;
keno or any similar mechanical amusement devices displaying a number
board where numbers are designated at random; horse racing; roulette;
dice; Lucky Lines; Cherry Master or any similar mechanical amusement
devices styled after a slot machine with a rolling display or circular
wheel on which are depicted symbols; and lotto or lottery-type machines.
(2)
Any mechanical amusement device which does not have
any operable slot or receptacle for the insertion of coin or paper
money; this section shall not be deemed to prohibit devices provided
at no charge by restaurants or retail establishments for the amusement
of their patrons.
(3)
Any mechanical amusement device with buttons or controls
labeled "double up" or "bet," or buttons or controls performing said
function regardless of label.
(4)
Any mechanical amusement device which can be controlled
or operated from a remote location by other than the individual operator
or player.
[Added 4-30-1991 by Ord. No. 1928]
A.
A license application shall be filed for the person who installs, distributes, operates, uses or suffers to be installed, distributed, operated or used any amusement device as defined in § 117-1 of the Code of the Town of West New York. A separate license application shall also be required of the person who owns, rents, leases, maintains or operates any store, building or other place where the public is invited or where the public may enter, or in any building or place where any club or organization's meetings are held, where any amusement device is located.
B.
This section shall also affect all persons who currently
have amusement devices on their premises. All persons affected by
this section shall make application within 30 days from the effective
date of this section to the License Inspector for the appropriate
license required by this article.
[Amended 5-7-1980 by Ord. No. 1382]
An applicant for such license shall present
to the Clerk an application signed by him, stating in full name, residence
and telephone number, the purpose and place for which he seeks a license,
the nature and kind of game to be installed and the number thereof
to be installed, which application shall be submitted with the required
fee.
[Amended 1-5-1966 by Ord. No. 949; 5-7-1980 by Ord. No. 1382; 9-7-1983 by Ord. No. 1612]
Written application for a license shall be signed
by the applicant and filed with said office of the License Inspector,
which application shall contain information evidencing the qualification
of the applicant to receive such license, and which application shall
be in the form prescribed by the office of the License Inspector,
which shall either grant or refuse such license in accordance with
the following standards:
A.
No license shall be issued to a corporation unless
it shall have been incorporated as a New Jersey corporation with a
registered agent and principal office in the State of New Jersey.
B.
No license of any class shall be issued to any individual
under the age of 21 years, to any person who has been convicted of
a crime involving moral turpitude or to any person who has been twice
convicted in a court of criminal jurisdiction of this article or of
any state or ordinance prohibiting gambling.
C.
In applications by corporations, the names and addresses
of, and the amount of stock held by, all stockholders holding 1% or
more of any of the stock thereof, and the names and addresses of all
officers and of all members of the Board of Directors must be stated
in the application, and if one or more of such officers or members
of the Board of Directors would fail to qualify as an individual applicant
in all respects, residence or age, no license shall be granted.
D.
In applications by partnerships, the application shall
contain the names and addresses of all the partners. No license shall
be issued unless all the partners would qualify as individual applicants.
[Amended 9-7-1983 by Ord. No. 1612]
No minor under the age of 16 years shall be
allowed to play, operate or make use of any such device or contrivance
during normal school hours. "Normal school hours" shall be those hours
during which the public schools of the Town of West New York shall
be open for the instruction of students, but in no event shall normal
school hours be deemed to extend beyond 3:00 p.m.
All such devices or contrivances shall contain
license tags or identification marks, which shall be issued by the
office of the License Inspector, which license tags or identification
marks shall be affixed to the device or contrivance licensed, so as
to be clearly discernible.
[Amended 5-7-1980 by Ord. No. 1382]
A.
Limitation on number of devices; exception.
[Amended 6-20-1990 by Ord. No. 1891]
(1)
No more than two devices or contrivances shall be
permitted or used or operated in any one place, location or premises,
and a separate license must be obtained for each machine operated
in any one place, location or premises.
(2)
The only exception to an applicant being allowed more
than two amusement devices would be in cases of taverns, bars or restaurants,
which have amusement devices, such as pool tables, jukeboxes, cigarette
machines, etc., and to that extent they shall be permitted to receive
a license for one of each of said types of amusement devices.
B.
No operator of any automatic amusement device shall
permit the operation of the same within 200 feet of any church, public
or parochial school ground, park or playground. The distance shall
be measured from the nearest entrance of the church, public or parochial
school ground, park or playground to the nearest entrance of the premises
on which the automatic amusement device is located or is sought to
be located, along the route that a pedestrian would normally walk.
C.
Every automatic amusement device shall at all times
be in clear view upon the premises wherein it is located.
D.
No more than one automatic amusement device shall
be licensed under this article for each 2,500 square feet of floor
area in any location wherein such devices are to be operated, used
or maintained. In any event, regardless of the amount of space available,
no stores or establishments shall be allowed more than two amusement
devices within their stores or establishments. This provision shall
only apply prospectively to new machines to be located in the future
or machines presently in place and licensed at a particular location
on the date of this amendment to this section, which are relocated
and relicensed to a different location. The term "relocated" shall
refer to a different mailing address or on-site address from the present
location for the machine.
[Amended 6-20-1990 by Ord. No. 1891]
E.
No automatic amusement device shall be placed in any
location in a manner in which it shall:
(1)
Obstruct a clear view of the premises from the exterior.
(2)
Obstruct any entrance or exit to the premises.
(3)
Interfere with the safe use of the premises by patrons
thereof.
(4)
Interfere with free flow of pedestrian traffic.
(5)
Allow persons to congregate in close proximity to
a place used for food preparation.
(6)
Cause or create a police, fire or safety or health
hazard.
Each retail license shall cover one device or
contrivance.
A.
Any person who shall use or permit to be used any
device or contrivance licensed hereunder for the purpose of gambling
shall be deemed to be guilty of a violation of this article and punishable
therefor as hereinafter provided.
B.
No person or his agents, servants or employees shall:
[Added 9-16-1992 by Ord. No. 2014]
(1)
Knowingly permit, suffer or allow any mechanical amusement device on any premises wherein the public is invited or where the public may enter, or in any building or other place wherein any club or organizational meetings are held, to be used for gambling purposes as said term is defined in § 117-2, as amended.
(2)
Offer, permit, suffer or allow any prize, something
of value or return of money on any device on any premises. This section
shall not be deemed to prohibit any form of promise involving extension
of a privilege of playing at a game without charge on a mechanical
or electronic amusement device, other than a slot machine, as an award
for the attainment of a certain score on that device.
[Added 9-16-1992 by Ord. No. 2014; amended 7-2-1997 by Ord. No. 16/97]
A.
If a Police Officer of the Police Department or any
law enforcement officer with the authority to act within this jurisdiction
shall have probable cause to believe that a mechanical amusement device
is prohibited pursuant to this article, such device shall be photographed
and then destroyed pursuant to the order of the Hudson County Prosecutor's
office.
B.
The owner or the person in charge of the premises
shall be issued a summons for violation of this article.
C.
The penalty for violation of this article shall not
exceed $500 for each machine.
Any licensee using or permitting the use of
any device or contrivance licensed hereunder for the purpose of gambling
shall, in addition to the penalty prescribed in this article, be subject
to prosecution under the statutes of the State of New Jersey provided
therefor.
No person shall install, operate or use, or suffer to be installed, operated or used, within any place in the Town of West New York, any contrivance or device as defined in § 117-1 without a license granted therefor by the Town of West New York in the manner herein prescribed.
A special and separate application must be made
for each device or contrivance on which a license is applied for.
All devices and contrivances licensed under
the authority of this article, shall be subject to inspection by the
office of the License Inspector and by the Police Department of the
Town of West New York, and the licensees shall afford such office
of the License Inspector and Police Department free entry to and upon
the premises where the devices or contrivances are located, and free
access to such devices and contrivances for inspection purposes. In
case a device or contrivance is taken out of the premises for repairs
or otherwise, the license must be taken off the machine and kept on
the premises at which the license was issued.
No device or contrivance, as specified in this
article, shall be placed, operated, maintained or used until the license
or licenses, when issued by the office of the License Inspector, shall
be affixed thereto in a conspicuous place so that the license may
be easily and quickly identified. Said license shall on its face disclose
the manufacturer's serial number, the name and post office address
of the licensee and shall disclose the amount of money required to
operate the said device or contrivance, and shall briefly state the
operation of the device or contrivance to which said license is affixed,
and said license shall be attached in a conspicuous place on the specified
device or contrivance licensed.
The license shall cover the calendar year commencing
January 1 and ending December 31. Renewals shall be due and payable
on January 1.
A retail license may be transferred within the
year for which it is issued to any other like machine, operated in
the same place, in substitution of the machine from which the license
is transferred. In the event of such transfer, the licensee shall
immediately notify the office of the License Inspector of such transfer,
together with full information identifying the machine from which
and to which such license is transferred.
Any license granted or issued pursuant to this
article may be revoked by the Board of Commissioners of the Town of
West New York, after notice and hearing for any of the following causes:
A.
Any fraud, misrepresentation or false statement contained
in the application for license.
B.
Any fraud, misrepresentation or false statement made
in connection with the selling of goods, wares or merchandise.
C.
Any violation of this article.
D.
Conviction of the licensee of any felony or of a misdemeanor
involving moral turpitude.
E.
Conducting the business licensed under this article
through application himself, or any of his agents, servants or employees,
in any unlawful manner or in such a manner as to constitute a breach
of the peace or to constitute a menace to the health, safety, morals
or general welfare of the public.
F.
Conducting the business licensed under this article
in premises other than designated in the license.
Notice of hearing for revocation of a license, under § 117-20 preceding, shall be given in writing by the Town Clerk setting forth specifically the grounds of complaint and the time and place of the hearing. Such notice shall be mailed, by certified mail, to the licensee, at his address indicated on his license application at least five days prior to the date set forth for the hearing.
[Added 4-30-1991 by Ord. No. 1928]
In the event a complaint is issued for the revocation of a license, pursuant to the provisions of §§ 117-20 and 117-21, and where the allegation involves any fraud, misrepresentation or false statement contained in the application for a license; or an allegation that the device has been used for the purpose of gambling; or where a licensee has been convicted of any felony or of any misdemeanor involving moral turpitude, the Director of Public Safety or his designee shall have the right to suspend, temporarily, the license which was issued for the amusement device, provided that notice of said action shall be provided in writing to the licensee, and the person receiving said notice shall have a right to request a hearing before the person issuing the temporary suspension notice within five days of the date of said notice. In addition, no new licenses shall be issued to the licensee pending the outcome of the revocation hearing.
[Amended 10-19-1977 by Ord. No. 1261]
In addition to the provisions for revocation, the office of the License Inspector, the Chief of Police, any police officer of the Town of West New York, or any taxpayer or resident of the Town of West New York, may make complaint in the Municipal Court of the Town of West New York for any violation of this article or any section, paragraph or provision thereof. Upon conviction in such case, for each and every violation the person committing, taking part or assisting in such violation or violations shall be subject to the penalties provided for in Chapter 1, General Provisions, Article I. Each day that a violation is permitted to exist shall constitute a separate offense.
