Definitions of terms as used in this chapter
are as follows:
AUTOMATIC AMUSEMENT DEVICE
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.
DISTRIBUTOR
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.
PERSON
Any natural person, partnership, firm, association, corporation
or other business entity.
PREMISES
Any building, business, store, restaurant, tavern or other
place to which the public is invited or may enter.
PROPRIETOR
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.
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
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.