[HISTORY: Adopted by the Borough Council of the Borough of Florham
Park 5-17-1983 by Ord. No. 6-83. Amendments
noted where applicable.]
GENERAL REFERENCES
Planning Board — See Ch. 42.
Alcoholic beverages — See Ch. 72.
Amusement and recreation facilities — See Ch. 77.
Bingo — See Ch. 85.
Loitering — See Ch. 150.
Noise — See Ch. 155.
Peace and good order — See Ch. 175.
Poolrooms and billiard parlors — See Ch. 184.
Site plan review — See Ch. 212.
Zoning — See Ch. 250.
Vending machines (Board of Health) — See Ch. 274.
The purpose of this chapter is:
A.
To license, regulate and control those automatic amusement
devices which are operated for the purpose of making a profit
B.
To prevent dishonest business practices by requiring
persons intending to engage in the business referred to in this chapter to
provide preliminary information to be licensed and to conform to the provisions
hereof.
C.
To regulate the business of amusement devices so as to
prevent nuisances to patrons and the public, fire hazards from overcrowding
and poor ingress and egress at premises where amusement devices are located.
D.
To prohibit gambling, loitering or the creation of an
unhealthy atmosphere for the youth of the community or other foreseeable undesirable
effects of such devices.
For the purpose of this chapter, the following terms shall have the
meanings indicated:
Any machine which, upon the insertion of a coin, slug, token, plate
or disc, may be operated by the public generally for use as a game, entertainment
or amusement, whether or not registering a score. These devices shall include,
but shall not be limited to, pinball machines, mechanical grab machines, air
hockey, rifle or pistol target shooting, not requiring use of slugs or bullets
but using only electronic transmissions to register or score, pool, billiards,
marble machines, simulated motor vehicle operations, aptitude testings, strength
testings, computer and/or electronic games. This list is intended to be illustrative
only, and the term "coin-operated and non-coin-operated amusement machine
or device" shall include all games, machines or devices of a similar nature.
regardless of what name may be given to them. This definition specifically
excludes nonamusement machines which are in the nature of vending machines
in supplying such items, such as food, beverage, cigarettes, novelties or
other such items for sale, and such machines are not intended to be included
within this definition. It shall include video-type games or machines 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. It shall
not include, nor shall this chapter apply to, music-playing devices.
Any person who supplies any automatic amusement device to another
for use in his premises, whether under lease or any similar arrangement.
Any person in whose premises any automatic amusement device is placed
or kept for operation.
Any person, firm, corporation, partnership or association.
It shall be unlawful to maintain, use, operate or conduct in any public
or quasi-public place or in any building, store or other place wherein the
public is invited or wherein the public may enter in the Borough or to permit
such maintenance, use, operation or conduct of any automatic amusement game
or device, unless the owner of the game or device has first obtained a license
for that purpose from the Mayor and Council.
A.
The provisions of this chapter requiring an operator's
license shall not apply to any church, university, fraternal or veterans organization
or other religious group, charitable or nonprofit organization which operates
any coin-controlled amusement device for the use of its members and their
guests and/or premises owned or controlled by it within the Borough.
B.
No license shall be issued to any person under 18 years
of age.
A.
The fee for all applications for licenses pursuant to
this chapter shall be $500 in addition to all licensing or transfer fees.
B.
A fee of $200 per annum shall be charged for each commercial
amusement device located on the premises for any portion of a calendar year
beginning January 1 and ending December 31. For each machine for which a fee
is paid, the Borough Clerk shall issue an annual license, which license must
be displayed on said machine in a prominent location, readily visible to members
of the public and enforcing officials. Each such license shall be nontransferable
and shall designate thereon an identification number or serial number for
the machine for which it has been issued.
[Amended 12-19-2006 by Ord. No. 33-06]
A.
All applications for licenses under this chapter 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.
B.
The following personal information is required 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, and 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 2 inches x 2 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 authorized representative.
(9)
The name under which the place is being operated and
the location of the same.
(10)
The number and type of alcoholic beverage license, where
applicable.
(11)
The number and type of machines sought to be licensed.
(12)
The location where each automatic amusement game is to
be located.
(13)
The name and address of the person from whom each device
is to be purchased. rented or otherwise obtained.
(14)
A description of each automatic amusement game sought
to be licensed, including, for each device, the name of the manufacturer,
model number and serial number.
(15)
Terms of agreement governing the acquisition and installation
of said automatic amusement game.
(16)
Information indicating whether the distributor, the applicant
or any person connected with the operation of the place wherein the game or
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.
(17)
Such other information as may be required by the Police
Chief or the Borough Administrator to discover the truth of the matters hereinbefore
required to be set forth in the application.
(18)
Authorization for the Borough, its agents or its employees
to seek information and conduct an investigation into the truth of the statements
set forth in the application.
C.
The application must contain the total number of square
feet to which the applicant customarily invites or permits the public to occupy
and use, but shall not include any area used for storage, office, kitchen,
counter space, walks, alleys, drives, parking facilities or such other areas
to which the public has no access. A sketch or plan of the proposed licensed
premises shall be attached to the application.
D.
The truth of the information submitted in any application
of this section shall be sworn to, and any willful misstatement therein shall
be considered a violation of this section and subject the offender to the
penalties provided herein.
E.
Upon receipt of an application for the license under
this section, the Police Chief or the Borough Administrator shall conduct
investigation into the owners of the device to be licensed and the location
at which such device is to be used.
F.
In the event that the Municipal Clerk determines that
such application is in violation of this chapter or in the event that it is
determined that the installation of such device at a particular location constitutes
a clear and present potential for the disruption of the peace and good order
of the Borough of Florham Park, then the Municipal Clerk shall deny such application.
G.
Upon the Municipal Clerk's denying any application,
the unsuccessful applicant shall have the right to appeal such denial to the
Borough Council within 10 days of receipt of written denial by written notice
of appeal served upon the Municipal Clerk. The Borough Council shall schedule
a hearing on such appeal within 30 days thereof and issue its decision within
30 days of such hearing.
H.
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.
A.
All licenses issued under this chapter shall be for terms
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.
A license may be transferred from one place to another by application to the
Borough Clerk to that effect and supplying the required information as to
the new premises. There shall be a fee for all transfers from one place to
another in the amount of $200 per place or transfer.
C.
Premises licenses. An operator shall annually renew a
premises license by filing notice with the Borough Clerk between October 1
and November 1 of any calendar year preceding the calendar year for which
said license is to be renewed. The notice shall be accompanied by payment
of the annual fee.
A.
Revocation of licenses. Every license issued hereunder
is subject to revocation by the Borough Clerk should the licensed operator
distribute or operate any amusement or entertainment machine or device contrary
to the provisions of this chapter or any other law, ordinance, rule or regulation
or fail to cooperate fully with any enforcement officer or agency. Any material
misstatement or omission in the license application or in any information
submitted therewith or the failure to notify, in writing, the Borough Clerk
of any changes by addition or deletion or amendment to said application or
information during the term of any license or renewal shall constitute sufficient
ground for revocation of said license by the Borough Clerk.
B.
Seizure of machines and devices. If the Chief of the
Florham Park Police Department shall have probable cause to believe any amusement
or entertainment machine or device is being used for gambling, such machine
or device may be temporarily seized by the Police Department and impounded
and may be considered as contraband by law.
C.
Conditions of issuance. 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 Administrator 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.
(3)
The foregoing provisions shall be deemed supplementary
to and not in lieu of any provision in any other section of this chapter for
revocation or suspension of licenses.
A.
No operation of any commercial amusement device shall
be permitted between the hours of 11:00 p.m. and 9:00 a.m.
B.
No operator shall offer or permit to be offered any prizes
or awards, whether in cash or otherwise, as an inducement to use said machines.
C.
No operator shall permit any person using a commercial
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 commercial amusement device is being operated as a gambling
device, the machine may be confiscated and destroyed or sold at public auction,
and the license of the operator may be revoked after a hearing.
D.
No operator shall permit any minor under the age of 16
years, unaccompanied by a parent on the business premises while school is
in session nor to remain on the premises after 9:00 p.m.
E.
No operator shall permit the noise level on any licensed
premises to interfere with the reasonable use of any adjacent structures or
premises.
F.
Every commercial amusement device required to be licensed
under this chapter shall have permanently affixed thereto an individual identification
number or serial number, which number shall not be transferable from one machine
to another. All such identification or serial numbers shall be located on
said machines immediately adjacent to the location on such machine where the
machine's license shall be displayed.
G.
All commercial amusement devices accessible to the public
on any licensed premises shall be arranged so as to permit a clear view of
the interior of the room or rooms involved from the exterior of the operator's
premises at all times.
H.
No games subject to this chapter may be operated within
1,000 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.
This section of this chapter shall not be construed to require the removal
of any automatic amusement devices which are in place as of the effective
date of this chapter.
A.
All such premises shall be subject to the following conditions
and requirements:
(1)
Any premises in which the operation of such machines
is a use shall be approved by the Planning Board and be in compliance with
the following regulations.
(2)
There shall be 100 square feet of operating area for
each machine. The calculation of the operating area includes the main area
of the building only and shall not include areas of the premises which are
used for other purposes, such as for eating, toilet facilities, exits or entrances
and other uses not directly associated with or essential to the amusement
machines and shall exclude access and walkways primarily serving the machines.
No change in the primary use area is authorized in order to accommodate amusement
machines.
(3)
The number of machines shall in no event exceed 10% of
the net floor area of the licensed premises described herein.
(4)
Off-street parking shall be provided at a ratio of one
off-street space for each two licensed machines where there exists more than
two such machines.
(5)
Adequate special parking facilities shall be provided
for bicycles, mopeds and motorcycles, as determined by the Planning Board
as part of the site plan review.
(6)
No such enterprise shall be located closer than 1,000
feet, measured door to door, to any other premises in which the operation
of such machines is a primary use or to a primary or secondary school.
(7)
No sound from any licensed machines shall be discernible
in any adjacent premises.
B.
In considering the approval of such premises, the Planning
Board shall consider the potential impact of the use at the proposed location
on such factors as traffic circulation and safety, the impact on surrounding
businesses and residences, any potential detrimental effects to the health,
safety and welfare of the citizens of Florham Park and the effect of the use
on the purposes and achievements of the Land Use Ordinance of the Borough
of Florham Park.
