[HISTORY: Adopted by the Board of Commissioners of the Borough of
Collingswood 12-20-1982 as Ord. No. 799.
Amendments noted where applicable.]
A.
The purpose of this chapter is to license, regulate and
control those automatic amusement devices which are operated for the purpose
of making a profit.
B.
The object of this chapter is to regulate the business
of amusement devices so as to prevent nuisances to patrons and the public,
fire hazards from overcrowding, poor ingress and egress of premises where
amusement devices are located, the promotion of gambling, loitering or the
creation of an unhealthy atmosphere for the youth and citizens of the borough
or other foreseeable undesirable effects of such devices.
As used in this chapter, the following terms shall have the meanings
indicated:
Any automatic mechanical or electronic amusement device, game or
device of skill or entertainment which is operated or set in motion by the
deposit therein of any coin or coins, tokens or slugs or the like thereof,
purchased for cash, including but not limited to video-type games or machines,
pinball machines or similar devices that use a display screen for points,
lines or dots or light that can be manipulated to simulate games or other
types of entertainment, and any type of coin-operated device in which a person
views films, pictures, animation or any type of visual display whatsoever.
A.
No person, firm or corporation shall install, place,
maintain, operate or possess in any store, place of business, building, public
place or quasi-public place wherein the public is invited or may enter any
coin-operated amusement device within the limits of the Borough of Collingswood
without first applying for and obtaining a license therefor for each and every
coin-operated amusement device to be installed.
B.
Notwithstanding anything contained in this section to
the contrary, there is hereby exempted from the aforementioned licensing fee
requirements all organizations, associations and corporations not for profit,
organized pursuant to the provisions of Title 15 of the New Jersey Revised
Statutes or otherwise, whose primary activity is religious, educational or
fraternal.
A.
All license applicants must be at least eighteen (18)
years of age and shall submit a separate application for each coin-operated
amusement device, which shall be filed, together with the appropriate fee
therefor, with the Borough Clerk, which application shall state the following:
(1)
The name, age and address of the owner and/or lessor
of the coin-operated amusement device and the name and address of the bailee/lessee
of such device.
(2)
A sketch indicating the location of the premises, the
approximate interior dimensions and the proposed placement within the premises
where said devices are to be installed, used or kept.
(3)
The name and address of the owner of such premises.
(4)
A specific description of the type of coin-operated amusement
device sought to be licensed, together with the serial number or other means
of identification. All replacement machines shall be similarly reported to
the Municipal Clerk within ten (10) days of installation.
B.
The truth of the information submitted in any application
under this section shall be sworn to, and any willful misstatement therein
shall be considered a violation of this section and shall subject the offender
to the penalties provided herein.
Upon receipt of the application set forth above, the Chief of Police
of the Borough of Collingswood or his designee shall cause such investigation
to be made of the applicant's business and moral character as he deems
necessary for the protection of the public good. His investigation may include
photographs and fingerprints of the applicant. If, as a result of such investigation,
the applicant's character or business responsibility is found to be unsatisfactory
and contrary to the public welfare, the Chief of Police shall deny the application.
If, as a result of such investigation, the applicant's character and
business responsibility are found to be satisfactory, the Chief of Police
shall recommend his approval to the Commissioners for their subsequent approval
or disapproval.
A.
Each device shall be located at least ten (10) feet from
the entranceway for the premises in which it is located and placed so that
it does not obstruct or interfere with the free and unfettered passage of
patrons or users of the premises.
B.
Each device shall have an unobstructed zone of at least
three (3) feet on one (1) side of the three (3) linear borders of said device
wherein the users of said device may use, watch or wait to use said device.
C.
Each device may only be used or operated during the hours
of operation of the premises in which it is located and when the operator
or an employee of the operator is present in the premises.
D.
No device subject to this chapter may be operated on
a property or premises whose property line is within five hundred (500) feet
of the property line of a school, church or publicly owned building.
[Amended 2-22-1983 by Ord. No. 803]
The hours of operation of any place licensed under this chapter shall
be as follows:
The fee for a license to operate a coin-operated amusement device shall
be as follows:
A.
For the first three (3) machines: two hundred fifty dollars
($250.) per device.
B.
For four (4) through six (6) machines: one hundred fifty
dollars ($150.) per device.
C.
For seven (7) through nine (9) machines: fifty dollars
($50.) per device.
D.
For ten (10) or more machines: twenty-five dollars ($25.)
per device.
No license issued pursuant to this section is transferable, and no license
fee shall be refunded upon the revocation or surrender of any license.
A.
Licenses issued pursuant to this chapter shall specify
the location of the premises on which the licensed coin-operated amusement
device is to be used or kept, a brief description of the device, the device's
number or other means of identification and the name and address of the owner
and lessee or bailee of said device.
B.
All licenses issued pursuant to this chapter shall be
posted and at all times displayed in a conspicuous place at or near the licensed
device.
C.
All licenses herein provided for shall be issued by the
Borough Clerk only after a resolution of the Board of Commissioners of the
Borough of Collingswood shall have been adopted approving said application
and only after the payment of the license fee herein provided for. All such
licenses shall be valid from the date of issuance until the 31st day of December
next after the same is issued. Any license issued on or after August 1 shall
require the payment of one-half (1/2) of the annual fee for the remainder
of the calendar year of its issuance.
It shall be unlawful to install, maintain and use any such coin-operated
amusement device for the purpose of giving, directly or indirectly, any prize,
return or profit for the use of such device.
No more than fifty percent (50%) of the gross floor area of any one (1) location or any room in a location shall be used or covered by coin-operated amusement devices. Measurement of the area covered by any one (1) device shall include the floor area actually covered by the machines, together with the square foot area set forth in the unobstructed zone set forth in § 97-6B.
No person under the age of eighteen (18) years shall be admitted to
the area in which any coin-operated amusement device is located or be permitted
to use or operate any such device or to frequent or lounge or congregate or
gather in any such place during school hours, which are defined as between
8 a.m. and 3 p.m., Mondays through Fridays, exclusive of legal holidays.
No persons shall be permitted to frequent or lounge or congregate or
gather in any such place in which any coin-operated device is located so as
to cause a nuisance to patrons or so as to cause any type of fire or safety
hazard in the subject location.
Any person, firm or corporation who or which shall violate any of the
provisions of this chapter shall, upon conviction, be punished by a fine of
not more than one thousand dollars ($1,000.), imprisoned in the county jail
for a period not to exceed ninety (90) days or sentenced to a period of community
service for not more than ninety (90) days, or any combination thereof; and
each day in which a violation of any provision of this chapter exists shall
constitute a separate violation.
