[HISTORY: Derived from the Revised General Ordinances of the Borough of Fort Lee, 1978, adopted 3-1-1979, Amendments noted where applicable.]
[Derived from Ch. IV, Sec. 4-12, of the 1978 Code]
No person unless duly licensed in accordance with the provisions of this article shall have, keep or maintain within the limits of this borough any bowling alleys, theaters or any other places or other types of machines where or for the amusement or recreation of the public is carried on as a business or for profit of any kind to the owner thereof.
Any person desiring to obtain a license to conduct any of the businesses listed in the preceding section shall obtain from the Borough Clerk an application form, which form shall require the following information:
The name of the applicant, or, if a company or corporation, the names of its officers, or, if a firm or partnership, the names of the firm members or partners;
Permanent home residences;
A description of the business to be licensed;
A description of the building and/or ground to be used;
A resume of the past business experience of the applicant for the last five years;
Approval of the Chief of Police, the Building Subcode Official, the Health Officer and the Fire Chief of this borough;
A specific statement of the applicant as to the existence or nonexistence of a criminal record.
Upon receiving an application for a license as required by the preceding section, the Borough Clerk shall in turn submit the application to the officials named in the preceding section for their approval. The Chief of Police before approving the application shall satisfy himself as to the moral and public safety hazards involved, the Fire Chief as to the fire hazards, the Building Subcode Official as to the safety of the structures in which the business is to be conducted, and the Health Officer as to the proper provisions of sanitary conveniences. No official to whom the application is submitted for approval shall delay action thereon more than three days from the time it is put in his hands.
Upon the return to him of the application with the approval of the other officials stated thereon, and upon the payment of the required fee, the Borough Clerk shall issue a license which shall expire upon the following December 31.
It shall be the duty of the Borough Clerk to keep a record of all licenses issued pursuant to this article and make a report thereof and of the fees collected therefor monthly to the Borough Council.
All licenses issued pursuant to this article shall expire on December 31 of each year, and no deduction shall be made for parts or portions of the year for which the license is issued.
Every person licensed pursuant to this article shall display such license in a prominent and conspicuous place, where his business is conducted.
The license fees shall be as follows:
Before the renewal of any license issued pursuant to this article, the officials named in § 134-2 shall give their consent thereto.
No license granted in accordance with this article can be transferred.
A license may be revoked by the Borough Council by reason of the violation of the terms of the license, the violation of any municipal ordinance, state or federal statute, or falsification in applying for a license. The licensed person shall be given due notice of any violation and a hearing thereon. A license may be suspended for not more than two weeks by the issuing officer without a hearing.
The place where a business licensed under this article is carried on shall be at all times open to inspection and shall be under the control and regulation of the Chief of Police, and the Chief of Police is hereby authorized to make, promulgate and enforce such further rules and regulations in respect to each business as shall make for maintenance and order in the borough.
This article shall not be considered as affecting any church, fraternal order or other private non-profit-making association, which operates any of the places of amusement or recreation specified in this article solely for the use of its members. Facilities owned by such organizations may also be rented or leased to other like organizations for the private use of its members without this article applying, but if rented or leased to individuals or other organizations who operate for private profit, this article shall apply.
At the discretion of the Chief of Police, places of amusement or recreation privately owned, as stated in the above subsection, may be used or rented to like organizations for public affairs to which an admission is charged, provided that all such admission charges are for the sole benefit of the organization owning, operating or renting the place of amusement or recreation, or for the benefit of such organization's auxiliaries or for a charitable or public benefit. For all cases covered by this subsection, a license issued in accordance with the requirements of this article, for which there shall be no charge however, shall be obtained.
The use of any premises, building or grounds for any of the purposes listed in this article shall not be considered as a business use when the premises, building or grounds used are owned or rented by a charitable, religious or educational organization, or when the activity is conducted wholly for charitable, religious or civic purposes as certified to by the sponsor of the project.
No games of chance, gaming, gambling, playing for money among contestants or any other such practices shall be permitted in any place where any business licensed under this article is carried on.
Any violation of any of the subsections of this article shall be prosecuted before the Municipal Judge of the borough.
This article is enacted for the purpose of raising revenue and for the regulation and control of the businesses designated herein.
No game or machine coming within the purview of this article shall be installed, operated or maintained within 200 feet of any school.
No person under the age of 16 years shall be permitted to play or operate any of the games or machines.
Preamble. Whereas the Mayor and Council of the Borough of Fort Lee have become aware of the increase in the number of amusement license applications and more particularly for video type machines; and the governing body has been made aware of public concern regarding the increase in the number of such machines which have been installed; and there is an apparent need for additional regulation of the business of amusement devices so as to prevent the creation of nuisances of patrons and the public, fire hazards, the incidence of gambling, loitering or the creation of an unhealthy atmosphere for the youth of the community and other undesirable effects of the concentration and proliferation of such amusement devices in commercial establishments which might threaten the health, safety and welfare of this municipality. The borough has presently licensed machines in a community with a population of approximately 40,000. It appears that a study and/or survey should be made of the need for additional machines.
A moratorium on the issuance of any further licenses for amusement games including video games is hereby enacted for a period of 12 months from the effective date of this subsection so that a plan of legislation can be determined to safeguard and protect the health, safety and welfare of the citizens of Fort Lee in connection with the commercial use of such amusement games including video games. During the period of the moratorium, fact-finding hearings will be held, appropriate surveys and studies made and regulatory legislation purposes, subject to the usual hearing procedures, to determine the nature and extent of the need for further regulation of amusement games including video games in the municipality.
Said moratorium shall take effect upon the passage of this subsection as required by law and shall remain in force for a period of one year.
Editor's Note: Ordinance No. 83-18 further extended the moratorium for a period of six months from the date of its final passage.
[Derived from Ch. IV, Sec. 4-13, of the 1978 Code]
It shall not be lawful to conduct, maintain or operate a public place of amusement within the borough such as circuses, rodeos and other outdoor amusement shows or other places wherein amusements are provided, and to which an entrance fee is charged, without first having had and obtained for that purpose a license therefor to be issued by and in the name of the borough.
Application for a license as provided for in § 134-21 shall be made in writing by the owner, manager or operator of any show or place of public amusement, to the Borough Clerk, which application shall set forth the nature of the amusement, the location of the place in which it is to be maintained and conducted, and the names of the owners thereof, and the name of the manager or operator in charge of such amusement or place of amusement, and that the fees, as hereinafter provided, shall accompany such application.
The application shall be immediately reported to the Borough Council for its action thereon, and if the same is granted, the Clerk shall issue a license in writing in the name of the borough for the period of one year, or until the license is canceled and revoked for cause. The Clerk shall keep a proper record of all licenses issued by him under the direction of the Borough Council, including the name of the parties to whom it was issued, the date of issue and the purpose for which the same was issued, and the license, when issued, shall set forth the name of the persons to whom it was issued and the place for where it is issued, the amusement designated and the length of time that the license is to run, and the license shall be good only for the place designated therein, for the amusement designated and to the parties as set forth in the license, and such license shall not in any way be transferred except by consent of the Borough Council first had for that purpose.
The fees for such license shall be as follows:
All licensee shall be issued subject to all existing ordinances of the borough, and to such other ordinances, rules or regulations concerning the conduct of shows or places of amusement which may be passed or adopted by the borough and any license issued may be revoked upon written notice, and after hearing the parties to whom such license was issued, on the conviction for any crime involving the conduct of the place of amusement, or for the violation of any of the rules and regulations of the borough, and when the license is so revoked the parties interested therein shall be prohibited from further conducting the same.