[HISTORY: Adopted by the Mayor and Council
of the Borough of Totowa 6-15-1982 by Ord. No. 9-82.[1] (Ch. 48 of the 1974 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Circuses, carnivals and mobile rides — See Ch. 142.
Games of chance — See Ch. 197.
[1]
Editor's Note: This ordinance also repealed
former Ch. 48, Amusement Devices, adopted 3-2-1976 by Ord. No. 2-76,
as amended.
As used in this chapter, the following terms
shall have the meanings indicated:
An open and exposed area used for two or more amusement machines.
The amusement area shall contain not less than 200 square feet, and
in no event shall said amusement area exceed 5% of the total area
of the building in which the amusement area is contained.
Any coin-operated machine or device which, whether mechanical,
electrical or electronic, shall be ready for play by the insertion
of a coin, slug, token, plate or disc and may be operated by the public
for use as a game, entertainment or amusement, the object of which
is to achieve either a high or low score which by comparison to the
score of other players whether playing concurrently or not demonstrates
relative skill or competence, or indicates in any other way competitive
advantage of one player or team over another, regardless of skill
or competence. It shall include devices such as marble machines, skill
ball, pinball, mechanical grab machines, the machines or contrivances
commonly known as bagatelle, baseball, hockey, football, pool table,
target shooting, shuffle board or shuffle alley, bowling or any similar
named device, or any device which utilizes an electron (television)
tube to reproduce symbolic figures and lines intended to be representative
of real games or activities; but specifically excluded shall be any
device whether operated by coin or not which merely provides a ride,
sensation, electronic reading or weight for use by and to the amusement
of the public.
Any device in which a child might receive a ride, such as
a hobby horse, miniature car, rocket ship or similar devices which
are normally composed of one machine and have space for no more than
two children upon them, in which it is necessary, before receiving
the ride, to insert a coin, slug, token, disc or key.
Any organization, corporation or association consisting of
10 or more persons operating for benevolent, charitable, fraternal,
social, religious, recreational, athletic or similar purposes and
not for private gain.
Any person who sells, leases or rents out under any kind
of arrangement, one or more amusement machine to any place of business.
Any playing machine or device which, upon the insertion of
a coin, slug, token, plate, disc or key or by the payment of any price,
operated for the playing of records or otherwise emitting songs, music
or similar amusement, and shall include the device normally called
a "jukebox."
Any individual, partnership, corporation or unincorporated
association. In the case of persons other than individuals, the individual
member, officer, stockholder or partner who signs the application
shall be deemed individually responsible for compliance with the provisions
of this chapter in addition to the person in whose name the application
is made.
Any store, shop, tavern, bar, restaurant, ice-skating rink,
theater or premises wherein merchandise, food or drink is sold, which
business is maintained within a building or structure open to the
public, or in any building or other place wherein any club, group
or organization meetings are held within the Borough of Totowa.
A.
No person shall distribute, install, keep, offer,
permit or allow to be operated or used any amusement machine, music
device or automatic ride in any place of business within the Borough
of Totowa unless and until a license for each such amusement device
has first been obtained from the Municipal Clerk, after the consent
and approval of the Council is provided herein.
B.
No license shall be issued for any game or device
which does not meet the requirements of an amusement machine, music
device or automatic ride, nor for any place of business which does
not conform to the definitions set forth above. No more than one amusement
machine shall be permitted in a place of business unless an appropriate
amusement area is provided.
A.
The fee for the issuance of a license to operate an
amusement machine, music device or automatic ride in any place of
business shall be $125 per annum for each such amusement machine,
music device or automatic ride used, played or exhibited for use or
play.
[Amended 7-10-1990 by Ord. No. 7-90]
B.
The fee for the issuance of a distributor's license
shall be:
[Amended 7-10-1990 by Ord. No. 7-90]
C.
All license fees shall be payable annually, in advance,
and shall accompany the application, provided that, where application
is made after the expiration of any portion of any license year, a
license may be issued for the remainder thereof upon payment of a
proportionate part of the annual fee.
D.
All licenses issued under this chapter shall be for
a term of one year commencing July 1 and expiring on June 30 of the
year in which issued.
E.
No license issued in this chapter shall be transferable
from place to place or from person to person.
The provisions of this chapter requiring a license
fee shall not apply to any church, fraternal or veteran organization
or other religious, charitable or nonprofit organization which operates
a coin-operated amusement device exclusively for the use of its members
and their guests and on premises owned or controlled by it.
A.
All applications for a license under this chapter
shall be made and delivered to the Municipal Clerk in triplicate on
forms to be supplied for the purpose, and shall be subscribed and
sworn to by the applicant.
B.
The application for the license shall contain the
following information:
[Amended 7-10-1990 by Ord. No. 7-90]
(1)
The name and address of the applicant.
(2)
The name under which the place of business is being
operated.
(3)
The location of licensed premises.
(4)
Whether the applicant is an individual, a partnership,
a corporation or another entity, and, if another entity, a full explanation
and description thereof.
(5)
If the applicant is an individual, the applicants
residence address and date and place of birth.
(6)
If the applicant is a partnership, the full names,
residence addresses, dates and places of birth of each partner.
(7)
If the applicant is a corporation or other entity,
in the of a corporation, the full names, residence addresses, dates
and places of birth of each major officer and each stockholder, the
name and address of the registered agent and the address of the principal
office (the term "stockholder," as used herein, means and includes
any person owning or having an interest, either legal or equitable,
in 10% or more of the stock, issued and outstanding, of the applicant
corporation); in the case of another entity, the, full names, residence
addresses, dates and places of birth of each person owning or having
any interest, either legal or equitable, aggregating in value 10%
or more of the total capital of said entity, the name and address
of the registered agent, if any, and the address of the principal
office.
(8)
A detailed description of the amusement machine, music
device or automatic ride to be licensed including for each device
model number and serial number.
(9)
The name and address of the distributor and/or supplier
of the amusement machine, music device or automatic ride.
(10)
The name and address of the person from whom
such device is to be purchased, rented or otherwise obtained.
(11)
Terms of agreement governing the acquisition
and installation of said amusement machine, music device or automatic
ride.
(12)
Information indicating whether the applicant
or any person connected with the operation of the place of business
wherein the amusement machine, music device or automatic ride is to
be installed has ever been convicted of any crime or found guilty
of the violation of any ordinance pertaining to gambling or gaming.
(13)
A sketch or diagram showing the location of
the amusement machine, music device or automatic ride.
(14)
Any other information which the Council may
deem necessary and proper for the full protection of the interests
of the public in the premises.
C.
An application for a distributor's license shall, in addition to the requirements set forth in Subsection B of this section, contain the following:
(1)
If a corporation, the names and addresses of and the
amount of stock held by all the stockholders holding 10% or more of
the corporate stock thereof, and the names and addresses of all officers
and directors.
(2)
If a partnership, the names and addresses of all the
partners, stating their respective interest therein.
D.
The Council may request from any applicant additional
information supplementing the information given in the application.
E.
If license is sought for more than two amusement machines,
a sketch or diagram shall be attached showing the location of the
amusement area with relationship to the entire area being used or
occupied by the applicant and further shall contain dimensions of
the amusement area and the entire area either used or occupied by
the applicant.
A.
Upon the receipt of the application and fees, the
Municipal Clerk shall refer the same to the Borough Chief of Police,
the Fire Chief, an official of the Building Department, the Health
Officer and the Zoning Administrator, who shall make, or cause to
be made, an inspection of the premises described in the application.
The Chief of Police, the Fire Chief, an official of the Building Department,
the Health Officer and the Zoning Administrator, upon completion of
their inspection, shall attach to the application their reports thereon
in writing, which shall also state their approval or disapproval,
and the reasons therefor.
B.
Upon receipt of such reports, the Municipal Clerk
shall submit the same to the Mayor and Council for its consideration.
C.
The Municipal Council shall consent to and approve
the issuance of such license unless it reasonably finds that the applicant's
character and business responsibility is not satisfactory; that a
violation of municipal or state rules, regulations, statutes and ordinances
exist; that untrue matters are contained in the application for such
license; that the issuance of such license will tend to create a nuisance;
or that the issuance of such license will adversely affect the good
government, order and protection of persons and property and the preservation
of the public health, safety and welfare of the Borough of Totowa
and its inhabitants.
D.
Upon the consent and approval of the Municipal Council
to the issuance of such license, the Municipal Clerk shall issue the
same.
A.
Affixing of license; transfer of license.
[Amended 7-10-1990 by Ord. No. 7-90]
(1)
No mechanical, coin-operated machine, music device
or automatic ride shall be placed, operated, maintained or used until
the license issued pursuant to this chapter shall be affixed thereto
in a conspicuous place so that the license shall be easily and quickly
identified.
(2)
Each licensee desiring to transfer an automatic amusement
device license from one device to another shall file a written request
with the Municipal Clerk as well as surrender his automatic amusement
device license to the Borough of Totowa. Upon determining that the
licensee is in compliance with all provisions of this chapter, the
Borough Clerk shall issue a new license identifying the substituted
device. The fee for an automatic amusement device license transfer
shall be $25 to issue a new license.
B.
In the case of distributors, the license number assigned
to each device shall be permanently affixed to said device so that
it can be easily ascertained.
[Amended 7-10-1990 by Ord. No. 7-90]
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.
Any licensee shall not permit, suffer or allow any
person to bet or gamble in any form or manner on the licensed premises
and shall prevent any immoral or illegal conduct from occurring.
C.
No licensed premises shall contain any fire, safety
or health hazards.
D.
No licensee shall refuse to cooperate fully with the
Police Department and Fire Department, nor shall any licensee refuse
access to its premises to the Police Department, Fire Department or
Department of Health and Senior Services at any time during normal
business hours or at any other reasonable hour.
E.
Each licensee and/or distributor shall, within five
days, report in writing to the Municipal Clerk any change by addition
or deletion of the information furnished on the license application
during the term of any license or renewal thereof.
F.
No licensee, distributor or person shall refuse to
cooperate fully with the Clerk and any law enforcement officer or
agency.
G.
Every amusement machine, music device or automatic
ride shall at all times be in clear view upon the premises wherein
it is located.
H.
No licensee shall permit any person under 17 years
of age to play or operate any of the automatic amusement devices licensed
by this chapter unless such person is accompanied by a parent, legal
guardian or adult member of his or her family.
I.
No licensee shall offer or permit to be offered any
prize or award in cash or otherwise as an inducement to the use for
the machines.
J.
No licensee shall permit any person using an automatic
amusement device to operate the same for any gambling purpose.
K.
No licensed premises shall be without adequate sanitary
facilities or contain any fire, safety or health hazards.
L.
No licensee shall refuse to cooperate fully with the
Police Department, Fire Department, Construction Code Official or
other Borough officials, nor shall any operator refuse access to the
premises to the Police Department, Fire Department, Health Department
or Construction Code Official at any time during normal business hours
or at any other reasonable hour.
M.
A licensee or adult employee of the operator must
be present on the licensed premises at all times that automatic amusement
devices are in operation.
N.
The licensee must cause to be posted a sign setting
forth the license number of the location to be licensed as well as
the name of the business and also that no one under the age of 17
shall be permitted to play games without a parent or guardian and
that no gambling of any type is permitted.
All members of the Totowa Borough Police Department,
as well as marshals who have been officially assigned to duty on behalf
of the Borough of Totowa, are authorized to enforce the provisions
of this chapter.
In addition to any penalty imposed for violation
of any provisions of this chapter, the Council shall have the power,
after notice and hearing, to revoke or suspend any license issued
hereunder in the event that the licensee directly or indirectly permits
the operation of any game or device contrary to the provisions of
this chapter or the laws of New Jersey. Ten days' written notice of
the hearing shall be given to the licensee, which notice shall specify
the time and place of the hearing and the violation for which the
licensee is charged. At the hearing the licensee may present and submit
evidence and witnesses in his defense.
A.
Any person who violates any of the provisions of this
chapter shall, upon conviction, be punished by a fine not to exceed
$1,250 for each offense or by imprisonment for a term not to exceed
90 days, or a requirement of community service not to exceed 90 days.
A separate offense shall be deemed committed on the day on which a
violation occurs and each day the violation continues to occur.
[Amended 7-10-1990 by Ord. No. 7-90; 8-27-2002 by Ord. No.
19-2002]
B.
Upon such conviction, no licensee shall thereafter
transact the business of distributing or operating coin-operated amusement
devices in the Borough.
