[Adopted by Ord. No. 930 (§ 4-5 of the 1987 Code)]
A.
There exists within the Borough of Highland Park an
increasing number of amusement games which number is expected to continue
to increase. Such games attract large numbers of minors and with the
expected increase in machines the likelihood of crowding and congregating
of minors is likely to continue to increase. The present location
of some machines is inappropriate for young people because of crowding,
lack of ventilation and inability to provide supervision when necessary.
B.
Reasonable regulation of the licenses of such machines,
the number of machines, their location, the hours and conditions of
permitted operation and of adult supervision will help to insure that
recreational activity involving amusement games is carried out in
a safe and wholesome environment for the benefit of the Borough's
young people and without undue hardship to the business community.
The enactment of this article is necessary and appropriate for the
protection of the public health, safety and welfare of the residents
of the Borough.
C.
The desired regulation and supervision which this
article seeks to establish can be readily assured, with respect to
civic, fraternal, religious and other nonprofit organizations by limiting
play on amusement games owned by such organizations to members, their
families and bona fide guests of members.
As used in this article, the following terms
shall have the meaning indicated:
Any machine or device which may be operated for entertainment
or amusement in public, whether the machine is coin-operated or not,
whether or not it registers a score or tallies. This definition shall
include, but not be limited to, pinball machines, bowling machines,
mechanical grab machines, and electronic video games.
No person shall distribute, install, maintain,
or possess, either indoors or outdoors within the Borough, any amusement
game of any kind or type without first having obtained a license.
All license applicants must be at least 18 years
of age and shall submit in writing to the Borough Clerk the following
information:
A.
The name and address of the applicant, and whether
the applicant is an individual, partnership or corporation; and if
the applicant is a partnership or corporation, the names and addresses
of the partners, or, if a corporation, names and addresses of the
officers.
B.
The age of the applicant, or each partner, if a partnership,
and each of the officers of the corporation, if the applicant is a
corporation.
C.
The criminal record of the applicant; if any, setting
forth the date or dates of conviction, the nature of the violation,
and the jurisdiction in which the violation occurred. If the applicant
is a partnership, the same information shall be supplied for each
partner, and if the applicant is a corporation, this information shall
be supplied for each of the officers of the corporation.
D.
A full description of the machines or devices to be
used by the applicant and made available to the public, and the serial
number or identification of each such machine or device.
E.
The street number and description of the area where
the machines or devices are to be operated, stating the floors of
the premises, and attaching a sketch showing the rooms or areas involved.
Such sketch shall be drawn to scale with the scale set forth on the
sketch and shall designate all exits, windows and storage spaces to
be used in the operation.
[Amended by Ord. No. 936; Ord. No. 1165; Ord. No. 1213]
A.
License fees shall become payable to the Borough Clerk
at the Borough Hall on March 1 in each year and all such licenses
shall expire on March 1 following such payment. All licenses issued
between November 1 and March 1 following in any year shall be issued
for 1/2 of the fee.
B.
The license fee to be paid annually to the Borough
for the distribution, installation and maintenance or possession of
any amusement game shall be $350 for each game.
C.
Any civic, fraternal, religious, or other nonprofit
organizations which are, or are entitled to be exempt from taxation
under federal or state law, shall be required to apply for and obtain
the appropriate licenses and shall comply with all other provisions
of this article; provided, however, such organization shall be excused
from payment of any fee for its license, upon the presentation to
the Borough Clerk of sufficient proof of their tax-exempt status,
at the time of application; and provided further, however, that amusement
games possessed by such organization shall not be played by other
than members of the organization, their immediate families or bona
fide guests of such members.
Each application shall be referred to the Chief
of Police or a police officer designated by him who shall immediately
institute whatever investigation of the applicant's business responsibility,
moral character and ability to properly conduct and supervise the
use of amusement games as he considers necessary for the protection
of the public. He shall communicate his findings in writing to the
Clerk within a reasonable time after the application has been filed.
If the Chief of Police decides that the applicant's character, ability
or business responsibility are unsatisfactory or the products, services,
or activity are not free from fraud, he shall disapprove the application
and the Clerk shall refuse to issue the license and shall so notify
the applicant. Otherwise, the Clerk shall issue the license immediately,
provided the required license fees have been paid except in cases
where approval of the Borough Council is required. In the event of
the refusal of the issuance of a license, the applicant may appeal
to the Borough Council for hearing.
Licenses shall contain the name and address
of the licensee, the address at which the licensed activity is conducted,
the expiration date of the license, and any other information deemed
necessary and appropriate by the Borough Clerk. Such license shall
be posted in a conspicuous place, near the location of the licensed
game.
The Borough Clerk shall maintain records of
all persons and devices licensed, or denied same, pursuant to this
article. Such records shall contain the applications and other information
relating to ownership, placement, maintenance, use and operation of
such devices, and shall be open to inspection of the public for good
cause at reasonable times, and shall constitute public records. Extracts
thereof may be certified by the Borough Clerk for use as legal evidence.
No license issued pursuant to this article may
be sold, assigned, mortgaged, or otherwise transferred by the designated
person to whom such licenses were originally issued. Change of ownership
of any game or change of ownership of licensed premises under this
article or any change of location of any such game from the premises
of any licensee shall automatically revoke such license. In such cases,
application for a new license must be made. In any case of revocation
of licenses, no fees therefor shall be refunded.
Any license issued by the Borough may be suspended
or revoked by the governing body after notice and a hearing for any
of the following causes:
A.
Fraud or misrepresentation in any application for
a license.
B.
Fraud, misrepresentation or other dishonesty in the
conduct of the licensed activity.
C.
The licensee has violated the Code of the Borough
or any law of the State of New Jersey or of the United States which
violation reflects unfavorably on the fitness of such licensee to
be so licensed.
D.
Conduct of the licensed activity whether by the licensee
himself, his agents or employees, in a manner that constitutes a breach
of the peace or a menace to the public health, safety or general welfare.
E.
Habitual conduct of the users of the licensed game
in an unlawful manner or in a manner that constitutes a breach of
the peace or a menace to the public health, safety or general welfare.
Notice of a hearing for the revocation or suspension
of a license shall be given in writing by the Clerk. The notice shall
specifically set forth the grounds upon which the proposed revocation
or suspension is based and the time and place of the hearing. It shall
be served by mailing a copy of the notice to the licensee at his last
known address by certified mail, return receipt requested, at least
five days prior to the date set for the hearing.
At the hearing, the licensee shall have the
right to appear and to be heard, to be represented by an attorney,
to present witnesses in his own behalf, to cross-examine opposing
witnesses and to have a permanent record made of the proceedings at
his own expense. The Borough Council shall revoke or suspend the license
if they are satisfied by a preponderance of the evidence that the
licensee is guilty of the acts charged.
The Borough Council may issue another license
to a person whose license has been revoked or denied as provided in
this article if after hearing they are satisfied by clear and convincing
evidence that the acts which led to the revocation or denial will
not occur again; otherwise, no person whose license has been revoked
or denied nor any person acting for him, directly or indirectly, shall
be issued another license to carry on the same activity.
The suspension or revocation of any licensee
shall not preclude the imposition of other or further penalties as
prescribed in other subsections of this article of any person who
is adjudged guilty of violating any of the provisions of this article.
A.
No more than three machines and/or licenses shall
be located or issued to any one premises.
B.
There shall be only one license for each premises
where a machine is located.
C.
All machines shall be located on the first floor, street level, in a retail space on the licensed premises; except as to machines possessed by licensees under § 108-31C and licensees of premises regulated by the New Jersey Division of Alcoholic Beverage Control, all machines shall be arranged so as to permit a clear view of the interior of the rooms where any machines are located from the exterior of the premises at all times.
D.
No licensee shall permit any person using an amusement
game to operate the same for gambling purposes prohibited by law.
In the event that it is determined judicially or by admission of the
licensee that any commercial amusement device is being operated as
a gambling device, the machine may be confiscated and destroyed or
sold at public auction and the license of the licensee may be revoked
after a hearing.
E.
No licensee shall permit any minor under the age of
16 years to play or use any amusement game on the business premises
while school is in session unless accompanied by a parent or legal
guardian.
F.
Either the licensee or an adult agent or employee
of the licensee shall be present and supervise the use of any amusement
game by a minor under the age of 16 years.
G.
Licensees shall be permitted to operate amusement
games between the hours of 10:00 a.m. and 12:00 midnight.
[Amended 5-1-2018 by Ord.
No. 18-1959]
