No person, firm or corporation shall conduct or carry on in their place
of business any coin-operated amusement device such as bagatelle (being a
modification of a billiard table), so-called mack tables, bally-ho devices,
so-called high score tables, pinball machines, or other similar playing tables
used indoors unless the person, firm or corporation shall have first obtained
a license for that purpose from the Borough Clerk and provided that this shall
not apply to residences of private persons to which the public is not admitted
or to any duly incorporated club or society, or society formed for charitable
purposes, if such club or society is the owner of said device.
As used in this article, the following terms shall have the meanings
indicated:
Any machine, contrivance or device which, upon the insertion of a
coin, slug, token, plate, disc, or key into a slot, crevice or other opening,
or by the public generally for use as a game, entertainment or amusement,
whether or not registering a score, and shall include, without limitation,
such devices as marble machines, pinball machines, skill ball, mechanical
games or video games, bagatelle, mack tables, bally-ho devices, high score
tables, and any and all operations, transactions, or mechanical devices similar
thereto by whatever name they may be called.
The entire premises, including without limitation all building, auxiliary
buildings, structures, appurtenant structures, walks, alleys, drives and parking
facilities owned or controlled by the operator and/or owner-operated.
As defined in this article, net floor area means the gross floor
area of the licensee's premises less deductions for counter space areas, storage
areas, shelving areas, aisle areas, bathrooms, areas of ingress and egress,
office space and other areas which are not intended or held out for public
use. The Building Inspector shall determine the maximum number of square feet
in each prospective licensed premises subject to this article.
Any natural person, partnership, firm, association, corporation or
any other business entity which owns or controls a premises or a location
within the Borough of Garwood, in which any amusement or entertainment machine
or device is displayed for public patronage or is placed or kept for operation
by the public.
No licensee of amusement or entertainment machines or devices shall
operate or cause to be operated any such machine or device within the Borough
of Garwood without first having obtained from the Borough Clerk a license
so to operate. Application for said license shall state the following:
A.
The name, date, and place of birth, home address and
business address, home telephone number and business address and telephone
number of the applicant, and each of its stockholders, officers and directors
holding in excess of 10% of its stock.
B.
The name and address of the registered agent of the applicant
or person upon whom service of process is authorized to be made.
C.
The name, date and place of birth, home address and home
telephone number of the manager or other authorized agent of the applicant
who shall be in charge of or conduct the business of the applicant within
the Borough of Garwood.
D.
The type, manufacturer, serial number and precise location
of each amusement or entertainment machine or device sought to be operated.
E.
If the applicant is a corporation, there shall be included
a corporate resolution in proper form authorizing the execution of the license
application on behalf of the corporation.
F.
The application shall contain a certification under oath,
made by the applicant or its authorized representative that the information
contained in the application and all attachments thereto is complete, accurate
and truthful to the best of his knowledge and belief.
G.
The application must contain the total number of square
feet to which the applicant customarily invites or permits the public to occupy
and use, but shall not include any area used for storage, office, kitchen,
counter space, walks, alleys, drives, parking facilities or such other areas
to which the public has no access.
H.
A sketch or plan of the proposed licensed premised shall
be attached to the application.
I.
The application must be accompanied by a certification
from the Fire Department that the premises occupancy load has been calculated
and posted in accord with the BOCA Construction Code.
A license fee of $250 per year shall be charged for each coin-operated amusement device or game of similar nature as defined in § 55-20. Each table to have a license tag bearing a serial number posted and attached in a conspicuous place on such table or game on the premises. Transfer of any game or table must be referred to the Chief of Police who will issue permission for such transfer.
[Amended 9-24-1996 by Ord.
No. 96-17]
Said license fee shall be paid at the time when the application is made
to the Municipal Clerk. All licenses initially issued shall expire on March
1, next. All renewals of licenses shall be for a period of one year expiring
on March 1, next. License fees for the first year shall be prorated as follows:
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March 1 to May 31
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Full fee ($250.00)
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June 1 to August 31
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Three-quarters fee ($182.50)
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September 1 to November 30
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One-half fee ($125.00)
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December 1 to February 28
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One-fourth fee ($62.60)
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Upon making application for the license, each applicant shall give in
writing to the Borough Clerk the name and address of the person, firm or corporation
who owns the coin-operated amusement device set forth in this article, and
if during the term of the license, the ownership of such licensed device be
changed, the licensee shall forthwith furnish the Borough Clerk with the name
and address of the new owner.
There shall be permitted not more than one amusement or entertainment
machine or device as defined in this article for each 100 square feet of net
floor area as the same is defined herein, provided that under no circumstances
shall a number of machines be permitted which shall exceed 30% of the net
floor area of the licensed premises as defined herein. The Building Inspector
shall determined that a maximum number of square feet in each prospective
licensed premises which is subject to this article.
Every license issued hereunder is subject to revocation by the Borough
Clerk should the licensed operator distribute or operate any amusement or
entertainment machine or device contrary to the provisions of this article
or any other law, article, rule or regulation or fail to cooperate fully with
any enforcement officer or agency. Any material, misstatement or omission
in the license application or in any information submitted therewith or the
failure to notify in writing the Borough Clerk of any changes by addition
or deletion or amendment to the said application or information during the
term of any license or renewal shall constitute sufficient ground for revocation
of said license by the Borough Clerk.
If the Chief of the Garwood Police Department shall have probable cause
to believe any amusement or entertainment machine or device is being used
for gambling, such machine or device may be temporarily seized by the Police
Department and impounded, and may be considered as contraband by law.
[Amended 12-10-2002 by Ord. No. 02-28]
Any person violating any of the provisions of this chapter shall be
subject to a fine not exceeding $1,250, a term of imprisonment not exceeding
90 days or a period of community service not exceeding 90 days, or any combination
thereof. A separate offense shall be deemed committed on each day during or
on which a violation occurs or continues. In addition, the license issued
may be suspended or revoked for a violation of any provision of this chapter.
