[HISTORY: Adopted by the Council of the Borough of Fair Lawn 7-27-1982 as Sec. 4-10 of the 1981 Revised General Ordinances. Amendments noted where applicable.]
Licensing — See Ch. 137.
All automatic amusement games of the type commonly known and designated as bagatelle, baseball or pinball amusement games, or similar machines or devices, operated, maintained or used in any public or quasi-public place, or in any building, store or other place wherein the public are invited, or wherein the public may enter, and particularly but not by way of limitation, all coin-operated amusement devices of the type commonly known as bagatelle games, baseball games, or pinball amusement games, or electronic or video amusement devices, or similar machines or devices, operated, maintained or used shall be licensed by the License Committee of the Borough and shall not be placed, operated, maintained or used within the municipal limits of the Borough without first having obtained a license for that purpose; provided, however, that no license shall be issued to any person who shall have been convicted of crime or a violation of any Borough ordinance involving gambling, and provided further that if a license has been issued and the person to whom it has been issued shall thereafter be convicted of crime, or a violation of any Borough ordinance involving gambling, the license shall immediately be revoked by the License Committee of the Borough.
[Amended 2-28-1984 by Ord. No. 1298-84; 3-10-2009 by Ord. No. 2143-2009]
The license fee for each automatic amusement or bagatelle or pinball machine location in the Borough shall be $100 per location, per year. The license period shall be from April 1 to March 31 annually.
In addition, the license fee for each automatic amusement or bagatelle or pinball machine in the Borough shall be $50 per machine, per year. The license period shall be from April 1 to March 31 annually.
[Amended 3-10-2009 by Ord. No. 2143-2009]
Any person desiring to operate, install or maintain an automatic amusement device, commonly known as "bagatelle or pinball machines," shall make written application for license for each of the machines so to be installed in the Borough on forms to be furnished by the Chief of Police, accompanying the same with the required license fees as set forth in § 59-3 for each machine so desired to be licensed.
The applicant shall state his/her full name, residence and business addresses; the location, street and number of the place where the machine is to be installed and the type of business carried on at said place.
The written consent of the owner of the business where the machine is to be installed shall be attached to and made a part of the application.
The applicant shall state his/her age, whether he/she is a citizen, and, if naturalized, the date and place of his/her naturalization.
The applicant shall also state whether or not he/she has been convicted of a crime, and, if so, specify the place of conviction and nature of the offense.
The Chief of Police or his/her designee shall make due investigation of each applicant and, if satisfied that the applicant is a proper person to whom a license shall be issued, shall grant a license which shall be subject to the provisions of this section.
Any applicant who is aggrieved by reason of the failure of the Chief of Police to issue him/her a license may, by written request made to the Mayor and Council, be given a hearing to review the action of the Chief of Police in failing to grant said application for license.
No device or machine as specified in this section shall be placed, operated maintained or used until the license issued by the License Committee or the Municipal Clerk shall be affixed thereto in a conspicuous place, so that the same shall be easily and quickly identified. The license shall on its face disclose the name and post office address of the licensee and shall disclose the amount of money required to operate the machine or device and shall briefly state that the machine or device to which the same is affixed is licensed for operation by the Borough of Fair Lawn.
The holder of a license shall be permitted to transfer the license within the calendar year for which it is issued to any other like machine operated in the same premises in place of the machine from which the license is transferred, the licensee, however, to immediately notify the License Committee or the Borough collector of such purpose and to communicate to it the type of machine to which the license is to be transferred.
[Amended 2-28-1984 by Ord. No. 1298-84; 6-15-2004 by Ord. No. 1981-2004]
No more than two machines or devices of the type or types herein mentioned, or any other device or machine maintained or used as aforesaid, shall be permitted, stored or operated in any one place, location or premises, whether connected or not; nor shall any such machine or device be constructed so as to be operated by more than two players at any one time. Notwithstanding the preceding sentence, no more than 20 machines or devices of the type or types herein mentioned, or any other machine or device maintained or used as aforesaid, shall be permitted, stored or operated in the permitted uses as set forth in § 125-24A(15).
Any person who shall use or permit to be used any of the machines or devices licensed hereunder for the purpose of gambling shall be deemed to be guilty of a violation of this section and punishable therefor as hereinafter provided.
No machine or device licensed under this section shall be used, placed, maintained or operated in any premises within 200 feet of any school.