[HISTORY: Adopted by the Borough Council of the Borough of Carteret 6-3-1982 as Ord. No. 82-8. Section 75-12 amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Other amendments noted where applicable.]
GENERAL REFERENCES
Bingo and raffles — See Ch. 85.
Circuses, carnivals and other entertainment — See Ch. 105.
Dance halls — See Ch. 114.
Licensing procedure — See Ch. 164.
Parental responsibility — See Ch. 176.
Poolrooms and billiard parlors — See Ch. 191.
The Mayor and Council find and declare that:
A. 
There exists within the Borough of Carteret an increasing number of amusement games, which number is expected to continue to increase.
B. 
Such games attract large numbers of minors and, with the expected increase in machines, the likelihood of crowding and congregating of minors is likely to continue and increase.
C. 
The present location of some machines is inappropriate for young people because of crowding, lack of ventilation and the inability to provide supervision when necessary.
D. 
Reasonable regulation of the licensees of such machines, the number of machines, their location, the hours and conditions of permitted operation and of adult supervision will help to ensure that recreational activity involving amusement games is carried out in a safe and wholesome environment for the benefit of the borough's young people and without undue hardship to the business community.
E. 
The enactment of this chapter is necessary and appropriate for the protection of the public health, safety and welfare of the residents of the Borough of Carteret.
This chapter may be known and cited as the "Amusement Game Ordinance."
As used in this chapter, the following terms shall have the meanings indicated:
AMUSEMENT GAME
Any machine or device which may be operated for entertainment or amusement in public, whether the machine is coin-operated or not, whether or not it registers a score or tallies. This definition shall include, but shall not be limited to, pinball machines, bowling machines, mechanical grab machines and electronic video games. Specifically excluded from the definition of "amusement games" shall be jukeboxes.
[Amended 10-7-1982 by Ord. No. 82-17]
ARCADE
A room or area of any building, including all connecting rooms or spaces with a common means of egress and entrance, which accommodates four (4) or more amusement machines and which is used as a business primarily involving the operation and use of amusement games.
[Amended 6-3-1982 by Ord. No. 82-11]
A. 
No person shall distribute, install, maintain or possess, either indoors or outdoors within the borough, any amusement game of any kind or type without first having obtained a license.
B. 
With respect to a license for the operation of an arcade, the initial license to any licensee shall be for a period of three (3) months. Prior to the expiration of such three-month period, the licensee may apply for a license for the balance of the calendar year. Such application shall be handled as provided in § 75-7, and an investigation shall be conducted to determine the fitness of the applicant for a further license, taking into account the standards set forth in §§ 75-10B and 75-11 of this chapter. If any initial license is not renewed, the applicant shall be entitled to a hearing before the governing body, generally in accordance with the procedure established in § 75-10D of this chapter, insofar as applicable. In any such proceeding, the burden of proof to establish that the applicant is entitled to a further license shall be upon the applicant and not the borough.
All license applicants must be at least eighteen (18) years of age and shall submit, in writing, to the Clerk of the Borough of Carteret the following information:
A. 
The name and address of the applicant and whether the applicant is an individual, partnership or corporation.
B. 
The age of the applicant, of each partner, if a partnership, and of each of the principal officers of the corporation, if the applicant is a corporation.
C. 
The criminal record of the applicant, if any, setting forth the date or dates of conviction, the nature of the violation and the jurisdiction in which the violation occurred. If the applicant is a partnership, the same information shall be supplied for each partner, and if the applicant is a corporation, this information shall be supplied for each of the principal officers of said corporation.
D. 
A full description of the machine or machines, device or devices to be used by the applicant and made available to the public and the serial or identification of each such machine or device.
E. 
The street number and description of the area where the machines or devices are to be operated, stating the floor or floors of the premises and attaching a sketch showing the rooms or areas involved. Such sketch shall be drawn to scale with the scale set forth on the sketch and shall designate all exits, windows and storage spaces to be used in the operation.
A. 
License fees shall become payable to the Borough Clerk at the Borough Hall on the first day of January in each year, and such licenses shall expire on the 31st day of December following such payment, except as provided in § 75-4 hereof with respect to initial licenses. All licenses issued between the first day of September and the first day of January following, in any year, shall be issued for one-half (1/2) of the fee mentioned hereafter.
[Amended 6-3-1982 by Ord. No. 82-11]
B. 
The license fees to be paid annually to the borough are:
[Amended 6-3-1982 by Ord. No. 82-11]
(1) 
For the distribution, installation and maintenance of amusement games: five hundred dollars ($500.).
(2) 
For the operation or possession of any amusement game: fifty dollars ($50.) for each game, device or machine.
[Amended 8-16-1984 by Ord. No. 84-26]
(3) 
For the operation of an arcade as authorized by § 75-11: one thousand five hundred dollars ($1,500.).
C. 
Any or all civic, fraternal, religious or other nonprofit organizations which are or are entitled to be exempt from taxation under federal or state law shall be required to apply for and obtain the appropriate licenses and shall comply with all other provisions of this chapter; provided, however, that such organization shall be excused from payment of any fee for its license upon the presentation to the Borough Clerk of sufficient evidence of its tax-exempt status at the time of application.
[Amended 10-7-1982 by Ord. No. 82-17]
Each application shall be referred to the Chief of Police or a police officer designated by him who shall immediately institute whatever investigation of the applicant's business responsibility, moral character and ability to properly conduct and supervise the use of amusement games as he considers necessary for the protection of the public. He shall communicate his findings, in writing, to the Clerk within a reasonable time after the application has been filed and his investigation completed, recommending or not recommending the issuance of the requested license. The Chief of Police shall provide in his report of his investigation forwarded to the Clerk his reasons for recommending or not recommending the issuance of the license to the applicant. The Mayor and Council shall be provided with a copy of the investigation prepared by the Chief of Police for the purpose of passing upon and approving the issuance of any license and shall direct the Clerk to issue any approving license immediately, provided that the required license fees have been paid.
Licenses shall contain the name and address of the licensee, the address at which the licensed activity is conducted, the expiration date of the license and any other information deemed necessary and appropriate by the Borough Clerk. Such license shall be posted in a conspicuous place near the location of the licensed game and/or premises.
The Borough Clerk shall maintain records of all persons and devices licensed or denied the same pursuant to this chapter. Such records shall contain the applications and other information relating to ownership, placement, maintenance, use and operation of such devices and shall be open to the inspection of the public for good cause at reasonable times and shall constitute public records. Extracts thereof may be certified by the Borough Clerk for use as legal evidence.
A. 
No license issued pursuant to this chapter may be sold, assigned, mortgaged or otherwise transferred by the designated person to whom such license or licenses were originally issued. Change of ownership of any game under this chapter or any change of location of any such game from the premises of any licensee shall automatically revoke such license. In such cases, application for a new license must be made. In any such cases of revocation of licenses, no fees paid therefor shall be refunded.
B. 
Any license issued by the borough may be suspended or revoked by the governing body after notice and a hearing for any of the following causes:
(1) 
Fraud or misrepresentation in any application for a license.
(2) 
Fraud, misrepresentation or other dishonesty in the conduct of the licensed activity.
(3) 
The licensee has violated any ordinance of the borough or any law of the State of New Jersey or of the United States which violation reflects unfavorably on the fitness of such licensee to be so licensed.
(4) 
Conduct of the licensed activity, whether by the licensee himself, his agents or employees, in a manner that constitutes a breach of the peace or a menace to the public health, safety or general welfare.
(5) 
Habitual conduct of the users of the licensed game in an unlawful manner or in a manner that constitutes a breach of the peace or a menace to the public health, safety or general welfare.
C. 
Notice of a hearing for the revocation or suspension of a license shall be given, in writing, by the Clerk. The notice shall specifically set forth the grounds upon which the proposed revocation or suspension is based and the time and place of the hearing. It shall be served by mailing a copy of the notice to the licensee at his last known address by certified mail, return receipt requested, at least five (5) days prior to the date set for the hearing.
D. 
At the hearing, the licensee shall have the right to appear and to be heard, to be represented by an attorney, to present witnesses in his own behalf, to cross-examine opposing witnesses and to have a permanent record made of the proceedings at his own expense. The governing body shall revoke or suspend the license if it is satisfied by a preponderance of the evidence that the licensee is guilty of the acts charged.
E. 
The governing body may issue another license to a person whose license has been revoked or denied as provided in this section if, after the hearing, it is satisfied by clear and convincing evidence that the acts which led to the revocation or denial will not occur again; otherwise, no person whose license has been revoked or denied nor any person acting for him, directly or indirectly, shall be issued another license to carry on the same activity.
F. 
The suspension or revocation of any license shall not preclude the imposition of other or further penalties as prescribed in other sections of this chapter on any person who is adjudged guilty of violating any of the provisions of this chapter.
A. 
No more than three (3) machines and/or licenses shall be located or issued to any one (1) premises, except as provided in Subsection J of this section.
B. 
There shall be only one (1) licensee for each premises where a machine is located.
C. 
All machines shall be located on the first floor, street level, in a retail space on the licensed premises and in arcades arranged so as to permit a clear view of the interior of the room or rooms where any machines are located from the exterior of the premises at all times.
D. 
No licensee shall permit any person using an amusement game to operate the same for any gambling purpose prohibited by law. In the event that it is determined judicially or by admission of the licensee 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 licensee may be revoked after a hearing.
E. 
No licensee shall permit any minor under the age of sixteen (16) years to play or use any amusement game on the business premises while school is in session unless accompanied by a parent or legal guardian, nor shall any child under the age of sixteen (16) years or who is still enrolled in school be permitted to play or use any amusement game between the hours of 9:00 a.m. and 3:00 p.m. on any school day.
[Amended 10-7-1982 by Ord. No. 82-17]
F. 
Either the licensee or an adult agent or employee of the licensee shall be present and supervise the use of any amusement game by a minor under the age of sixteen (16) years.
G. 
No arcade licensee shall operate any arcade on any day between the hours of 2:00 a.m. to 6:00 a.m. except Saturdays and Sundays. On Saturdays a licensee shall not operate between 3:00 a.m. and 6:00 a.m.; on Sundays between 3:00 a.m. and 1:00 p.m. No minors shall be allowed on the premises after 12:00 midnight of any day.
[Amended 10-7-1982 by Ord. No. 82-17; 3-7-1991 by Ord. No. 91-6]
H. 
It shall be unlawful to operate any amusement game in a place or building open to the public where such building or place is within two hundred (200) feet of a church or other place of worship. It shall be unlawful to operate an arcade in a place or building where such building or place is within two hundred (200) feet of a school. Said two hundred (200) feet shall be measured in the normal way that a pedestrian would properly walk from the nearest entrance of said church or school to the nearest entrance of the place or building where any amusement game or arcade is located.
[Amended 6-3-1982 by Ord. No. 82-11]
I. 
It shall be unlawful for a licensee to give an award or prize to any person playing any machine under any form of competition.
J. 
When located in premises zoned and licensed for use as an arcade, up to fifteen (15) machines and licenses may be allowed for the premises.
K. 
In addition to the restriction on hours of operation in Subsection G above, no arcade shall permit the operation of any amusement game prior to 1:00 p.m. on Sunday.
[Added 6-3-1982 by Ord. No. 82-11]
L. 
No amusement arcade shall be located in a building which is also partially utilized as a residence, nor shall any amusement arcade be located in premises which are located in a family-oriented area.
[Added 10-7-1982 by Ord. No. 82-17]
M. 
No applicant shall make any constructural facial changes to the exterior of any building used as an arcade where amusement games are located without first having obtained the approval of the governing body. Included within the definition of "structural changes" are any signs, posters or billboards advertising the arcade.
[Added 10-7-1982 by Ord. No. 82-17]
N. 
No arcade shall be permitted to be located within a two-hundred-foot radius of any school or house of worship.
[Added 10-7-1982 by Ord. No. 82-17]
O. 
No licensee shall be permitted to operate an arcade or amusement game room without having on the premises a responsible adult over twenty-one (21) years of age at all times, which shall be supplied at the sole cost and expense of the licensee.
[Added 10-7-1982 by Ord. No. 82-17]
[Amended 4-19-1990 by Ord. No. 90-16]
Any person who violates any provision of this chapter shall, upon conviction thereof, be subject to the penalties set forth in § 1-17 of this Code.