[HISTORY: Adopted by the Borough Council of the Borough of Haledon 6-26-1979
by Ord. No. 6-13-79A; amended in its entirety 9-9-1992
by Ord. No. 8-12-92A (Ch. 64 of the 1984 Code). Subsequent
amendments noted where applicable.]
Definitions of terms as used in this chapter are as follows:
Any machine or device which, upon the insertion of a coin, trade
token or slug or by payment of any price, operates or may be operated by the
public in general as a game, entertainment or contest of skill or amusement
of any kind or description, whether or not registering a score. Such definition
shall include, without limitation, such devices as marble machines, pinball
machines, skillball machines, mechanical games or electronic games, pool or
billiard tables, bowling, guns and game operations or transactions similar
thereto, by whatever name they may be called. Jukeboxes or other similar music-type
devices are expressly excluded from the provisions of this chapter.
Any natural person, partnership, firm, association, corporation or
any other business entity which leases, rents out or places under any kind
of arrangement within the Borough of Haledon one or more automatic amusement
devices as defined in this chapter.
Any natural person, partnership, firm, association, corporation or
other business entity.
Any building, business, store, restaurant, tavern or other place
to which the public is invited or may enter.
Any natural person, partnership, firm, association, corporation or
any other business entity which owns or controls premises or a location within
the Borough of Haledon in which any automatic amusement device is displayed.
No distributor or proprietor of an automatic amusement device shall
distribute or operate such device unless a license is first obtained from
the Borough. In the case of proprietors, a separate license for each device
shall be obtained. Applications shall be made on forms supplied by the Borough
Clerk.
A.
Licenses required for distributors.
(1)
The application for said license shall be made in duplicate
and shall contain the following information:
(a)
The name, date, place of birth, home address and business
address, home telephone number and business telephone number of the applicant
and each of its stockholders, officers and directors holding a 10% or more
interest or stock in the entity.
(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, 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 conducting the business of the applicant within
the Borough of Haledon.
(2)
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.
(3)
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/her knowledge.
B.
Licenses required for proprietors.
(1)
No person shall keep, place or exhibit any automatic
amusement device for use or operation by the public on or at any premises
in the Borough of Haledon without first obtaining a proprietor's license for
such premises.
(2)
Application.
(a)
The application shall contain the following information:
[1]
The name, date, place of birth, home address and business
address, home telephone number and business telephone number of the applicant.
[2]
The name and address of the registered agent of the applicant
or person upon whom service of process is authorized to be made.
[3]
The type, manufacturer and serial number of each device.
[4]
The name and number of the distributor of each amusement
or entertainment machine or device sought to be operated.
(b)
The application must be accompanied by a copy of a valid
certificate of occupancy issued to the present owner/occupant by the Building
Subcode Official of the Borough of Haledon.
(3)
The person operating the premises where the machine or
device is located shall be liable and responsible for the proper operation
thereof, regardless of whether or not he/she is the owner of the machine or
device, and shall be responsible for any violation of this chapter or any
other ordinance of the Borough of Haledon.
(4)
A proprietor's license shall not be transferable or assignable
to any other entity, nor shall the sale of the premises constitute a transfer
of the license.
A.
The Borough Clerk shall promptly forward a copy of the
application and accompanying materials to the Police Department for investigation,
review and report. Such report shall be sent to the Mayor and Council who,
in accordance with the standards and requirements set forth herein, may grant
the license or refuse the license. If the license is granted, the Borough
Clerk shall forthwith issue the license upon payment of the licensing fee.
B.
The Borough Clerk shall ensure that the license application
and all attachments thereto are complete and those persons whose names are
required to be disclosed on the application are all persons capable of owning,
controlling and/or operating machines or devices within the Borough of Haledon
in a manner consistent with the public safety, morals and general welfare
of the community; that those persons whose names are required to be disclosed
on the license application can reasonably be expected to own, control, manage
or operate the proposed business in accordance with all applicable laws, ordinances,
rules and regulations and free from any gambling, illegal or immoral activity
and free of unnecessary and unwanted noise or disturbances; that no criminal
element is in direct or indirect control of the management of the business
of the applicant; that the granting of the application and issuance of the
license will promote a fair and competitive market for the distribution of
such devices within the Borough of Haledon; and that the granting of the application
and issuance of the license has been done after the applicant has properly
executed all agreements and consents required by this chapter and has agreed
to conduct his business in accordance with all requirements of this chapter
and all applicable laws, ordinances, rules and regulations.
C.
No license shall be issued to any person who shall have
been convicted, in any jurisdiction, of an offense which, under the laws of
New Jersey, is classified as a misdemeanor or a high misdemeanor or a felony.
A.
The following annual licensing fees shall be paid to
the Borough of Haledon:
B.
All license fees shall be payable upon filing the application,
which fee, in a case of rejection, shall be returned to the applicant in its
entirety.
C.
All licenses issued hereunder shall be issued for the
term of one year commencing on the 15th day of July in each year.
A.
No automatic amusement device shall be placed, operated,
maintained or used until the operator's license issued pursuant to this chapter
shall be posted in a conspicuous place in the premises where the device is
operated or maintained.
B.
Each license, when issued, shall designate the number,
type and serial number of the machines or devices operated hereunder.
A.
No operator's license shall be transferable from operator to operator nor from place to place by an operator of automatic amusement devices. It shall be valid only at the place and by the operator designated in the license, except as otherwise provided in Subsection B of this section.
B.
If the holder of an operator's license moves his place
of business to another location within the Borough, his license may be transferred
to such new location upon application to the Borough Clerk, giving the street
and number of the new location. No such transfer shall be granted unless the
new location shall be approved by the Borough Council.
C.
Any such license may be amended to evidence the transfer
from one machine or device to another similar device upon application to the
Borough Clerk, giving a description by type, manufacturer and serial number
of such other machine or device.
A.
The licensee shall at all times maintain good order upon
the licensed premises and shall not permit, suffer or allow any disturbance,
congestion or loitering upon the licensed premises.
B.
No licensee shall permit, suffer or allow any person
to bid or gamble in any form or manner on the licensed premises, and all licensees
shall prevent any immoral or illegal conduct from occurring.
C.
All licensed premises shall have adequate sanitary facilities
and meet all Fire, Safety and Health Department regulations as set forth by
the Borough of Haledon.
D.
Licensees shall cooperate fully with the Police Department,
Fire Department and Health Department, and no licensee shall refuse access
to its premises by the Police Department, Fire Department or Health Department
at any time during normal business hours or at any other reasonable hour.
E.
No operator of any amusement device shall permit the
operation of the same within 200 feet of any church, public or parochial school,
park or playground.
F.
Every amusement device shall at all times be in clear
view upon the premises where it is located.
G.
No more than two amusement devices shall be licensed
under this chapter for each business establishment where such devices are
to be operated, used or maintained.
H.
No licensee shall permit any person under 16 years of
age to play or operate any of the amusement devices licensed by this chapter
unless such person is accompanied by a parent, legal guardian or adult member
of his family.
I.
No person on the licensed premises shall have in his/her
possession or under his/her control or offer to another person any habit-forming
drug or controlled dangerous substance. Further, the proprietor shall not
permit, suffer or allow any such person on the licensed premises.
J.
No proprietor shall permit, suffer or allow the unlawful
sale or consumption of alcoholic beverages upon the licensed premises.
K.
No proprietor shall permit the operation of any amusement
or entertainment machine or device during the hours when the taverns in the
Borough of Haledon are closed or between 2:00 a.m. and 7:00 a.m.
L.
No device shall be permitted to cause any unnecessary
or unwanted noise or disturbance nor otherwise interfere with the public health,
welfare and morals.
M.
No proprietor shall offer or permit to be offered any
prize or other award to any person playing any device.
N.
No device shall be located in a private room nor in any
part of the licensed premises which is not open to the general public.
O.
No licensee nor any of his agents, officers or servants
shall, by threats, promises or intimidation, seek to control or direct the
placement or removal of any device or to control the placement of any such
device from any location within the Borough of Haledon, and any such threats,
promises or intimidation shall be reported immediately to the Police Department
and to the License Inspector.
P.
Each licensee, distributor and/or proprietor shall promptly
report, in writing, to the Borough Clerk any change, addition or deletion
of the information furnished on the license application and all material attached
thereto, and this obligation shall be fully met during the term of any license
or the renewal thereof.
Q.
No license shall be granted for any mechanical/electronic
amusement device which is to be used for the purpose of gambling. For the
purpose of this chapter, a mechanical/electronic amusement device, the operation
of which is based in any part on random chance or the random assignment of
numbers and the operation of which does not require more than minimal skill
or hand-eye coordination, shall be presumed to be intended to be utilized
for gambling purposes. By way of clarification but not limitation, mechanical/electronic
amusement devices used for the purpose of gambling shall be deemed to include
the following:
(1)
Mechanical/electronic amusement devices known as "Joker
Poker" or similar mechanical/electronic devices displaying playing cards;
keno or any similar mechanical/electronic amusement devices displaying a number
board where numbers are designated at random; horse racing; roulette; dice;
Lucky Lines; Cherry Master or any similar mechanical/electronic amusement
devices styled after a slot machine with a rolling display or circular wheel
on which are depicted symbols; lotto or lottery-type machines. Machines licensed
by the State of New Jersey are expressly excluded from the provisions of this
chapter.
(2)
Any mechanical amusement device which does not have an
operable slot or receptacle for the insertion of coin or paper money.
(3)
Any mechanical/electronic amusement device with buttons
or controls labeled "double up" or "bet."
(4)
Any mechanical/electronic amusement device which can
be controlled or operated from a remote location by other than the individual
operator.
Every license issued hereunder is subject to the right, which is expressly
reserved, to revoke the same should the licensee distribute or operate any
automatic amusement device or devices contrary to the provisions of this chapter
or any other law, ordinance rule or regulation. Any material misstatement
or omission in the license application and in any information submitted therewith
shall constitute sufficient grounds for revocation of said license. Such revocation
shall be by the Borough Council after a hearing. The licensee shall be given
10 days' notice of said hearing, and such notice shall state the grounds therefor.
At such hearing, the licensee may submit pertinent information on his/her
behalf
A.
If any machine required to be licensed under this chapter
is utilized for any illegal purposes, the same may be seized, impounded and
destroyed if the licensee shall plead or be found guilty in connection with
any criminal charge relating to the illegal use of such machine.
B.
If a Borough of Haledon police officer or other law enforcement officer with the authority to act within the jurisdiction shall have probable cause to believe that any mechanical/electronic amusement machine/device is used for gambling, or if a mechanical/electronic amusement machine/device is prohibited pursuant to § 92-7 above, such machine/device may be seized and removed from the premises by the Police Department or its authorized personnel and impounded and considered contraband. If possible, those removing the machine/device shall provide the person in charge of the premises with a report to be filed with the Police Department noting any obvious damage to the property. Thereafter, any person aggrieved thereby may demand a hearing, in writing, directed to the Borough Clerk.
C.
If a Borough of Haledon police officer or other law enforcement officer with the authority to act within the jurisdiction shall have probable cause to believe that any mechanical/electronic amusement machine/device is unlicensed, however, not being used for gambling nor prohibited pursuant to § 92-7, then such officer shall advise the person in charge of the premises that the license fee for the machine/device must be paid and a license for the machine/device obtained within a three-day period. If such a license is not obtained within the three-day period, a police officer may seize and remove such machine/device from the premises.
D.
After seizure, any person aggrieved may demand a hearing
as provided hereinabove and shall be given a hearing within 10 days from the
date of such demand. In the event that the Mayor and Council finds that the
seizure was justified under the provisions of this chapter, the machine/device
shall not be released until proper ownership and/or licensing fees are paid
and properly presented, together with a removal/storage charge of $100 per
machine/device seized. In the event that the Mayor and Council finds that
the seizure was unjustified, the machine/device shall be returned to the person
from whom it was seized forthwith, but such person shall have no further remedy
against the Borough of Haledon.
E.
If no person makes a claim to a seized machine/device
within 120 days from the date of seizure, said machine/device may be destroyed
or otherwise disposed of in accordance with state statute or local ordinance.
The provisions of this chapter requiring an operator's license shall
not apply to any church, fraternal or veterans organization or other religious,
charitable or nonprofit organization which operates any automatic amusement
device or amusement or entertainment machine or device exclusively for the
use of its members and their guests and on premises of or controlled by the
organization. This provision does not exempt any social club from the requirements
of this chapter.
All licenses duly issued and in force on the effective date of this
chapter shall continue in force and may be renewed in the future for the number
of devices for which any license is presently issued.
Any person violating or failing to comply with any provision of this
chapter shall be fined not more than $500 for each offense or imprisoned for
not more than 90 days, or both, and a separate offense shall be deemed committed
on each day during or on which a violation or failure to comply occurs or
continues.
