As used in this article, unless the context otherwise indicates, the
following terms shall have the meanings indicated:
ARCADE
In excess of five devices or machines.
ELECTRONIC, MECHANICAL AND ELECTROMECHANICAL AMUSEMENT DEVICES
Any machine which, upon the insertion of a coin, slug, token, plate
or disc, may be operated by the public generally for use as a game, entertainment
or amusement, whether or not registering a score. It shall include such devices
as marble machines, pinball machines, skill ball, mechanical grab machines,
electronic games of skill and chance, and all games, operations or transactions
similar thereto under whatever name they may be indicated. It shall further
include bowling alleys, billiard tables, pool tables, pinball and ballyhoo.
The predominance of skill over chance shall not be a determining factor in
any of the aforementioned games, operations or transactions.
LICENSED PREMISES
The entire premises, including, without limitation, all buildings,
auxiliary buildings, structures, appurtenant structures, walks, alleys, drives
and parking facilities owned or controlled by the operator and/or owner-operator.
PERSON, FIRM, CORPORATION or ASSOCIATION
Includes the following: any person, firm, corporation or association
which owns any such machine; the person, firm or corporation or association
in whose place of business any machine is placed or used by the public and
the person, firm or corporation or association having control over such machines;
provided, however, that the payment of such fee by such person, firm, corporation
or association enumerated herein shall be deemed a compliance with this section
of the article.
[Amended 3-17-1992 by Ord. No. 2082; 8-4-1992
by Ord. No. 2095]
A. Nothing in this article shall be construed to authorize,
license or permit any gambling device or any mechanism that has been judicially
determined to be a gambling device, or in any way contrary to law, or any
mechanical amusement device that dispenses any payoff, prize or reward of
any nature whatsoever, except that free games shall not be prohibited.
B. No distributor, licensee or operator of mechanical amusement
devices shall offer or permit to be offered any prize or other reward to a
person playing any machine required to be licensed under this article.
Every license issued under this article is subject to the right which is hereby expressly reserved to revoke the same should a licensee, directly or indirectly, permit the operation of any device as described in §
77-1 herein contrary to the provisions of this article, the ordinances of the City of Garfield or the laws of the State of New Jersey. Said license may be revoked by the City Council after written notice to the licensee, which notice shall specify the ordinance and law violations with which the licensee is charged, if after a hearing the licensee is found to be guilty of such violation. Ten days' notice of the hearing shall be given to the licensee. At such hearing the licensee and his attorney may present and submit evidence of witnesses in his defense.
If the Police Department shall have the requisite probable cause to believe any devices described in §
77-1 herein are being used in violation of the gambling laws of the State of New Jersey, the same may, in addition to the other penalties provided herein, be seized by such Police Department and impounded until the determination of the violation of this article or any applicable state statutes or regulations.
[Amended 4-25-2006 by Ord. No. 2457]
Any person, firm, corporation or association violating any of the provisions
of this article, in addition to the revocation of his or her license, shall
be punished by one or more of the following: a fine not exceeding $2,000;
imprisonment for a term not exceeding 90 days; and/or a period of community
service not exceeding 90 days.