[HISTORY: Adopted by the Municipal Council of the Town (now Township) of Irvington 1-13-1981 by Ord. No. MC 2622 as Ch. 62, Art. I, of the 1981 Revised Code. Amendments noted where applicable.]
For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:
- AMUSEMENT GAME
- A game played for amusement or entertainment in which the person or player actively participates and the outcome of which is not in the control of the operator, and which is so conducted that the sale of a right to participate, the event which determines whether a player wins or loses and the award of the prize all occur as a continuous sequence at the time when and the place where the players are all present.
- AMUSEMENT GAMES LICENSING LAW
- N.J.S.A. 5:8-100 to 5:8-120, as amended and supplemented.
- RECOGNIZED AMUSEMENT PARK
- A commercially operated permanent business, open to the public at least 31 consecutive days annually, whose acreage is designed and themed for the primary purpose of providing participatory amusements incorporating rides or water slides licensed in accordance with N.J.S.A. 5:3-31 et seq., and food and merchandise concessions in permanent structures.
No person shall own or operate within the Town any amusement game, whether such game is of skill or chance, or both, or whether such game be played and operated with or without numbers or figures, without first having obtained a license from the Municipal Council to do so. Such license shall be issued pursuant to and subject to the provisions of the Amusement Games Licensing Law.
Each applicant for a license required by this chapter shall file with the Division of Licensing of the Town a written application in such form as prescribed by and in accordance with the Amusement Games Licensing Law and the rules and regulations promulgated by the Amusement Games Control Commissioner of the state.
[Amended 1-13-1981 by Ord. No. MC 2622; 12-29-2009 by Ord. No. MC 3413]
A licensing fee of $76 is hereby established for the holding, operation and conduct of each amusement game during the period of the license, for such amusement games as are permissible under Permissible Amusement Games Certification No. 1, No. 3 and No. 6 of Regulation No. 7 of the Amusement Games Regulations issued by the Amusement Games Control Commissioner, which regulations were promulgated on March 25, 1960.
A licensing fee of $130 is hereby established for the holding, operation and conduct of each amusement game during the period of the license, for such amusement games as are permissible under Permissible Amusement Games Certification No. 2, No. 4 and No. 5 of Regulation No. 7 of the Amusement Games Regulations issued by the Amusement Games Control Commissioner, which regulations were promulgated on March 25, 1960; except, however, that pinball machines shall be excluded from the provisions of this chapter.
Editor's Note: For a description of permissible amusement games certifications, see N.J.A.C. 13:3-7.9.
No license issued pursuant to the provisions of this chapter shall be transferable, and such license shall continue in force and effect until the first day of January next ensuing the date of granting thereof unless previously suspended or revoked.
Each license issued under this chapter for the conduct of any amusement game shall be conspicuously displayed at the place where the same is to be conducted at all times during the conduct thereof.
No license shall be issued for the holding or operating of any amusement game in any place within the Town other than a recognized amusement park.
In the event of the violation of any of the provisions of the Amusement Games Licensing Law or of the rules and regulations of the Amusement Games Control Commissioner or of this chapter, a license issued pursuant to this chapter may be revoked after a hearing before the Municipal Council, upon charges filed with the Council and a time for hearing fixed of which the holder of the license shall have at least one week's notice by mail addressed to the address of the holder of such license as the same appears on his application. The penalty of revocation provided in this section shall be in addition to any other penalties provided for such violation in such law or in this chapter. No person shall hold, conduct or operate any amusement game for which a license has been issued after revocation thereof.
The Municipal Council shall have and exercise control and supervision over all amusement games held, operated or conducted under a license issued pursuant to this chapter with all of the powers granted to it under the Amusement Games Licensing Law and the rules and regulations of the Amusement Games Control Commissioner.