[HISTORY: Adopted by the Township Council of the Township of Delran
as indicated in article histories. Amendments noted where applicable.]
[Adopted by Ord. No. 1994-22 (Sec. 6-9 of the 1993
Revised General Ordinances)]
As used in this article, the following terms shall have the meanings
indicated:
Any building, structure and/or any place of amusement operated upon
a lot or plot of ground in the open air, permanent in its nature and operated
by private enterprise for profit during the entire year or any part thereof,
whether admission is charged to enter or not.[1]
Any game or amusement which is authorized under the provisions of
the Amusement Games Licensing Law (Chapter 109, P.L. 1959),[2] except that there shall not be permitted a game of chance incorporating:
A laydown board marked in segments bearing numbers, games or symbols
whereon the player or players place the entry fee as an indication of choice
of expected winner.
Electrical push-button switches or similar devices situated or located
at each segment on the board which enable any player to start or stop the
game.
A moving indicator powered and driven by an electric motor which may
be activated and deactivated by any player by means of the switches provided.
An arrangement of numbers, names or symbols corresponding to those on
the laydown board to one of which the moving indicator points when it stops
after exhausting its momentum following deactivation of the motor, generally
knows as "stop and go game."
It shall be unlawful for any person, firm or corporation to own or operate
within this municipality any amusement game or games as said amusement game
or games are of skill or chance, or both, and whether said amusement game
or games are placed and operated with or without numbers, symbols or figures,
without first having obtained a proper license from the Township Council of
the Township of Delran. Said license shall be issued subject to the provisions
of the Amusement Games Licensing Law (Chapter 109, P.L. 1959)[1] and the Revised Amusement Games Regulations, effective April 11,
1966, promulgated by the Office of Amusement Games Control, Department of
Law and Public Safety of the State of New Jersey.
[1]
Editor's Note: See N.J.S.A. 5:8-100 et seq.
Each applicant for such a license shall file with the Township Clerk
a written application in duplicate therefor. The application must be in the
form prescribed by the Commissioner of Amusement Games Control and must comply
with all the requirements as specifically set forth in Section 2 of Chapter
109 of the Public Laws of 1959[1] and any amendments and supplements thereto and any additional
requirements as may be promulgated from time to time by the Amusement Games
Control Commissioner of the State of New Jersey.
[1]
Editor's Note: See N.J.S.A. 5:8-101.
A.
The Township Council may require any applicant or shareholder,
director or officer of any applicant corporation to be fingerprinted as a
condition to the issuance of the license or employment by a licensee.
B.
Any fees for fingerprinting or any other investigation
shall be paid for by the applicant.
C.
Each employee of the licensee shall be issued an identification
card.
A.
Upon proof of compliance with all applicable requirements,
the Township Council shall authorize the issuance of a license, by resolution,
said license to be effective for a term of one year, commencing with the date
of issuance and terminating on December 31 of each year. Said resolution shall
specifically recite that the premises to be licensed is located in a recognized
amusement park in the municipality. A certified copy of the resolution shall
be transmitted, together with a copy of the application and license certificate
issued, to the Commissioner of Amusement Games Control.
B.
License certificate.
(1)
Each license certificate shall be issued in triplicate,
the original to be delivered to the applicant, with one copy to the Commissioner,
as aforesaid, and the additional copy to be retained by the Township Clerk.
(3)
The license certificate shall be in the form prescribed
by the Commissioner of Amusement.
C.
Each license shall be conspicuously displayed at the
place or places where the game is to be conducted at all times during the
conduct thereof.
The Township expressly reserves the right to license amusement games
other than the ones described herein and to establish fees therefor for the
use in the area designated in accordance with the requirements set forth in
this article. The games hereinafter licensed shall be incorporated herein
by reference thereto.
A.
No application for the issuance of a license shall be
refused by the Township Council until after a hearing is held on due notice
to the applicant, at which the applicant shall be entitled to be heard upon
the qualifications of the applicant and the merits of the application.
B.
Any license issued under this article may be amended,
upon application made to the Township Council, if the subject matter of the
proposed amendment could lawfully and properly have been included in the original
license and upon payment of such additional license fee, if any, as would
have been payable, if it had been so included.
C.
No license issued pursuant to this article shall become
operative unless and until the licensee named therein shall have procured
a state license from the Commissioner of Amusement Games Control.
A.
The Township Council shall have and exercise control
and supervision over all amusement games held, operated or conducted under
such license with all the powers authorized or granted to it under said Amusement
Games Licensing Law[1] and all amendments and supplements thereto.
[1]
Editor's Note: See N.J.S.A. 5:8-100 et seq.
B.
The Chief of Police of the Township may inspect or cause
to be inspected any place or building in which amusement games or services
are operating.
C.
Amusement games and devices shall be kept and placed
in plain view of any person or persons who may frequent and be in any place
or place of business where such devices or games are used and licensed.
D.
Nothing in this article shall be construed to authorize
or license any gambling device or game not specifically permitted by the laws
of New Jersey.
E.
No gambling between participants in any amusement games
or the users of any amusement devices shall be permitted at any time.
Any person, association or corporation who or which shall make any false
statement in any application for such license or shall fail to keep such adequate
and proper books and records as shall fully and truly record all transactions
connected with the holding, operating or conducting of amusement games under
such license or shall falsify or make any false entry in any books or records
so far as they relate to any transaction connected with the holding, operating
and conducting of any amusement game under any such license or shall violate
any of the provisions of this article or the Amusement Games Licensing Law
(Chapter 109, P.L. 1959)[1] or of any of the terms of such license, shall be a disorderly
person; and, if convicted as such, shall, in addition to suffering any other
penalties which may be imposed, forfeit any license issued to it under this
article.
[1]
Editor's Note: See N.J.S.A. 5:8-100 et seq.
A.
There shall be issued to an applicant who shall qualify
a separate license for each place at which the licensee is authorized to hold,
operate and conduct such games. The annual license fee for each such place
shall be the sum of $100.
B.
A separate license shall be issued for each specific
kind of game authorized to be held, operated and conducted on the licensed
premises by the licensee. The license fee for each specific kind of game under
each certification, as provided for pursuant to N.J.A.C. 13:3-7.9, shall be
as follows:
(1)
Games permitted under Category and Certification No.
1:
|
Game
|
Fee
| |
|---|---|---|
|
Balloon game
|
$100
| |
|
Barrel game
|
$100
| |
|
Basketball game
|
$100
| |
|
Bear pitch game
|
$100
| |
|
Break the dish game
|
$100
| |
|
Bullpen ball game
|
$100
| |
|
Cigarette cork rifle game
|
$100
| |
|
Cigarette dart game
|
$100
| |
|
Cigarette toss game
|
$100
| |
|
Dart game
|
$100
| |
|
Dodgem game
|
$100
| |
|
Glass pitch game
|
$100
| |
|
Hoopla game
|
$100
| |
|
Mammy doll game
|
$100
| |
|
Milk bottle game
|
$100
| |
|
Milk can game
|
$100
| |
|
Over and under game
|
$100
| |
|
Penny pitch game
|
$100
| |
|
Pig slide game
|
$100
| |
|
Ping pong game
|
$100
| |
|
Ring toss game
|
$100
| |
|
Shooting gallery game
|
$100
| |
|
Stuffed cat game
|
$100
| |
|
Other similar games
|
$100
|
(2)
Games permitted under Category and Certification No.
2:
|
Arcade Game
|
Fee
| |
|---|---|---|
|
Baseball machine
|
$100
| |
|
Basketball machine
|
$100
| |
|
Bouncing ball machine
|
$100
| |
|
Bowling machine
|
$100
| |
|
Crane machine
|
$100
| |
|
Dexterity tester machine
|
$100
| |
|
Digger machine
|
$100
| |
|
Football machine
|
$100
| |
|
Golf machine
|
$100
| |
|
Gun machine
|
$100
| |
|
Hockey machine
|
$100
| |
|
Intelligence tester machine
|
$100
| |
|
Pinball machine
|
$100
| |
|
Pokerino machine
|
$100
| |
|
Pool table machine
|
$100
| |
|
Pusher machine
|
$100
| |
|
Roll down machine
|
$100
| |
|
Rotary arm machine
|
$100
| |
|
Shooting machine
|
$100
| |
|
Shuffle alley machine
|
$100
| |
|
Skee ball machine
|
$100
| |
|
Skill tester machine
|
$100
| |
|
Strength tester machine
|
$100
| |
|
Other similar games
|
$100
|
(3)
Games permitted under Category and Certification No.
3:
|
Nondraw Raffle Game
|
Fee
| |
|---|---|---|
|
Duck pond game
|
$100
| |
|
Fish pond game
|
$100
| |
|
Grab-bag game
|
$100
| |
|
Pick-the-stick game
|
$100
| |
|
Other similar games
|
$100
|
(4)
Games permitted under Category and Certification No.
4:
|
Competitive Game
|
Fee
| |
|---|---|---|
|
Bowlo game
|
$100
| |
|
Greyhound game
|
$100
| |
|
Water gun game
|
$100
| |
|
Other similar games
|
$100
|
(5)
Games permitted under Category and Certification No.
6:
|
Guessing Game
|
Fee
| |
|---|---|---|
|
Guess your age game
|
$100
| |
|
Guess your weight game
|
$100
| |
|
Other similar games
|
$100
|
(6)
Games permitted under Category and Certification No.
7:
|
Game
|
Fee
| |
|---|---|---|
|
Ring the bell game
|
$100
| |
|
High striker game
|
$100
| |
|
Other similar games
|
$100
|
(7)
Games permitted under Category and Certification No.
8:
|
Miscellaneous Skill Game
|
Fee
| |
|---|---|---|
|
Log roll and rope climb
|
$100
| |
|
Other similar games
|
$100
|
C.
The required fee, which shall be an annual fee without
proration, shall accompany the license application. In the event that the
license is denied or the application therefor is withdrawn, the Township shall
retain 25% of the application fee as an investigation fee, and the balance
shall be returned to the applicant.
D.
The Township Council expressly reserves the right to
license amusement games other than the ones described and to establish fees
therefor for the use in the area designated in accordance with the requirements
set forth herein. The games hereinafter licensed shall be incorporated herein
by reference thereto.
A.
The provisions of this article shall not apply to any
carnival, fair or other activity held on an annual basis by a nonprofit group
or organization wherein amusement devices, structures or rides are installed
or used on a temporary basis.
B.
Exempt organizations. Baseball, football and basketball
games, entertainments or lecture courses by civic bodies and fire companies
of the Township and entertainments or lecture courses, the expense of which
are guaranteed by residents of the Township, are exempt from the requirements
of this article.
C.
Charitable or religious organizations. This article shall
not apply to any of the amusements enumerated when the net proceeds are for
the benefit of any charitable or religious organization located within the
Township or when given by the pupils of any school in the Township, the proceeds
of which are to be used for educational purposes.
All licenses issued under this article shall expire on December 31 of
each year.
Any person, firm or corporation violating any of the provisions of this article shall be subject to a penalty as set forth in § 1-5, Violations and penalties, of this Code. The same shall be in addition to the powers of suspension or revocation of any such license as provided for herein.
[Adopted as Sec. 6-11 of the 1993 Revised General Ordinances]
As used in this article, the following terms shall have the meanings
indicated:
Any business or establishment having more than six automatic amusement
devices shall be classified as an "amusement center," with corresponding fees
and regulations.
Any machine which, upon insertion of a coin, slug, token plate or
disc, may be operated by the public for use as a game, entertainment or amusement,
whether or not registering a score. Automatic amusement devices shall include,
but are not limited to, such devices as marble machines, pinball machines,
skill ball, mechanical grab machines, video games and all games, operations
or transactions similar thereto, under whatever name they may be indicated.
Any person who supplies any automatic amusement device to another
for use in his or her premises, whether under sale, lease or any similar arrangement.
Any person in whose premises, either owned or leased, any automatic
amusement device is placed or kept for operation.
The purpose of this article is to license, regulate and control those
automatic amusement devices which are operated for the purpose of making a
profit. The objective of this article 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 at premises where amusement devices
are located and to prevent gambling, loitering or the creation of an unhealthy
atmosphere for the youth of the community, or other foreseeable undesirable
effects of such devices.
No person shall maintain, operate or possess in any store, building
or other place where individuals may enter, or wherein any club or organization
meetings are held, any automatic amusement devices without first obtaining
a license for each such machine or device.
A.
To whom made. All applications for a license under this
article shall be made and delivered to the Township Clerk, on forms to be
supplied for the purpose and shall be subscribed and sworn to by the applicant.
B.
Contents. The application for the license shall contain, in addition to the requirements of Chapter 203, Licensing, the following:
(1)
Name under which the place is being operated.
(2)
Number and type of alcoholic beverage license, where
applicable.
(3)
Number and type of machines sought to be licensed.
(4)
Two copies of a site plan, of at least 1/4 inch equals
one foot scale.
(5)
Name and address of each person from whom each device
is to be purchased, rented or otherwise obtained.
(6)
A description of each automatic amusement device sought
to be licensed, including for each device the name of the manufacturer, model
number and serial number.
(7)
The terms of the agreement governing the acquisition
and installation of each automatic amusement device.
(8)
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.
(9)
Any other information which the Construction Official,
Police Chief or appropriate subcode officials may deem reasonably necessary
and proper for the full protection of the interest of the patrons or the public
in the application.
C.
Application for more than six machines. If the applicant
requests a license for more than six machines for any one location, he or
she shall provide the following:
(1)
A minimum of one on-site, off-street parking space for
each amusement machine or device requested.
(2)
A uniformed security guard and at least two full-time
supervisory personnel, who shall be on the premises at all times during the
hours of operation.
(3)
The applicant shall submit plans to the Construction
Official or other designated Township official demonstrating that the building
or place where the machine is to be located is properly insulated to prevent
noise of both the patrons and the machines from entering or disturbing occupants
of adjacent buildings. Furthermore, he or she shall submit proof that the
location will conform to all noise level regulations.[1]
D.
Fee. All applications shall be accompanied by the appropriate
fee.
The Chief of Police, or his or her designee, may make an investigation
of the premises and the applicant to determine the truth of the facts set
forth in the application. The Construction Official, or his or her designee,
may inspect the premises to determine whether such premises complies with
existing building regulations of the Township. The Chief of Police and the
Construction Official, upon completion of their inspections, may attach to
the application their reports. Upon receipt of the application and inspection
reports, if any, the Council shall proceed to consider the same and shall
either approve or disapprove the issuance of the license to the applicant.
If the applicant is approved, the Township Clerk shall issue the necessary
licenses.
A.
No more than two machines or devices shall be licensed
or operated within the first 200 square feet of public floor space of any
one place of business. A license may be issued for additional machines or
devices for every additional 50 square feet of public floor space, or four
times the area of the machine, whichever is greater. Music machines, or jukeboxes,
shall not be counted in the determination of the original two machines or
devices.
B.
The following rules shall govern the location within
all business premises of automatic amusement devices:
(1)
Each device shall be located at least 10 feet from the
entranceway to the premises in which located and placed so that it does not
obstruct or interfere with the free and unobstructed passage to and from the
premises of patrons or users of the premises.
(2)
Each device shall have an unobstructed perimeter zone
or distance of four feet around the sides of the three linear borders of each
device wherein the users of such device may use, watch or wait to use the
device. The area which is required hereunder for each such machine shall not
be encroached upon by the area of any other machine. It is the intent of this
section that, for purposes of preventing overcrowding and assuring safe passage
of the general public, each machine shall have its own unobstructed perimeter
zone.
(3)
All machines shall be visible from the street or outside
the premises.
(4)
The licensee, at all times, shall control the sound so
as not to cause disturbance or nuisance to others in the vicinity of the machines.
The licensee shall, at all times, place each machine so that the part of the
machine from which the sound emits shall not be within five feet of the front
entrance of the place of business.
C.
No machine located on a second floor or below ground
level shall be licensed.
D.
A license for six or more machines in any one location
shall not be granted if the location is in a residential zone or within 1,000
feet of:
The fees for all licenses or applications required by this article shall be as set forth in § 150-3A.
Such pinball games or other mechanical or amusement devices of any kind
or nature shall be used for amusement purposes only. No such pinball game
or other mechanical or amusement device of any kind or nature shall be used
in connection with gaming, lottery, or any other unlawful activity.
The license for each device or machine shall be posted on the machine
or device in a visible location, or in such other visible manner approved
by the Construction Official. Such license shall contain the name of the manufacturer,
the model number and serial number for the machine or device issued.
Any time after the granting of a license, the Council may revoke such
license or licenses if, after a hearing, it finds:
A.
Gambling on the premises.
B.
False or incorrect information on the application furnished
by the applicant.
C.
Failure to maintain good and safe conduct on the premises.
D.
Violation of the laws of the State of New Jersey or of
this article or other ordinances of the Township.
E.
The presence of the machine or device results in gambling,
obscene or loud language disturbing, or likely to disturb, the public or other
patrons of the premises or results in creating a nuisance, excessive noise,
litter, traffic or rowdyism by the patrons.
