[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.]
GENERAL REFERENCES
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]
A.
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.
B.
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.
A.
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.
B.
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.
C.
The applicant shall state his/her age, whether he/she
is a citizen, and, if naturalized, the date and place of his/her naturalization.
D.
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.
A.
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.
B.
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; 7-17-2018 by Ord. No. 2473-2018]
No more than 75 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 within the permitted uses as set forth in § 125-24A(15), 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.
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.
