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.
[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.
[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.