[HISTORY: Adopted by the Mayor and Council of the Borough of Netcong
7-11-1972 as Ch. 30 of the 1972 Code; amended in its entirety 4-12-1983. Subsequent
amendments noted where applicable.]
A.
No person shall display, place, maintain or keep for
operation any amusement machine, as hereinafter defined, on or within any
public place where permitted without having first obtained a license for the
premises or without having first paid the required fee for such machines.
B.
AMUSEMENT MACHINE
As used in this chapter, the following terms shall have
the meanings indicated:
Any machine or device which may be operated by the public for use
as a game, entertainment or amusement, and shall include devices, such as
marble machines, skill ball, pinball, mechanical grab machines, the machine
or contrivances commonly known as "bagatelle," "baseball," "hockey," football,"
"pool table," "target shooting," "shuffleboard" or "shuttle alley," "bowling"
or any similarly 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 excluded shall be any device whether operated
by coin or not which only provides a ride, sensation, electronic reading or
weight for use by and to the amusement of the public.
An application, sworn to by the applicants, to license a premises for
use and operation of amusement machines, either as a primary or accessory
use, shall be filed annually with the Borough Clerk on forms supplied by the
Clerk. The forms shall require the following information and such additional
information as deemed necessary:
A.
When the aforesaid original application or renewal is
properly filled out and signed by the applicant and indicates that the premises
will contain more than five amusement machines or less than five amusement
machines where said use is the primary use, the duplicate thereof will be
referred to the Chief of Police, who shall make or cause to be made investigation
of the applicant's business responsibility and moral character as he deems
necessary for the protection of the public good.
B.
The Chief of Police shall issue a report of such investigation
to the Borough Council, which report shall address but not be limited to the
following areas:
A.
The Borough Council shall review the annual application and investigation report of each applicant. The Council shall approve or deny the application, taking into consideration the factors set forth in § 101-3B.
B.
Any applicant who is denied a license may in writing
request a hearing on the same before the Borough Council.
C.
The license shall be displayed in a conspicuous place
on the premises prior to the opening of the premises for business.
A.
The annual license fee for each and every premises on
which more than five amusement machines are located or less than five amusement
machines where said use is the primary use shall be $500.
B.
In addition to Subsection A above, there shall be an annual fee of $50 per machine for each machine.
C.
For each and every jukebox or similar device, there shall
be a fee of $10 per machine.
D.
No more than one machine per 30 square feet shall be
allowed on the licensed premises, with a minimum distance of one foot between
each amusement machine.
E.
The premises' license may not be transferred within the
calendar year for which it is issued, individual machines may be exchanged
during the year without payment of additional machine fees, provided that
the total number of machines listed on the license is not exceeded.
F.
The annual license fee and the per-machine fee required
in this section shall be due and payable on or before January 1 of each year.
Said license shall be issued for the calendar year commencing January 1 and
expiring December 31. Said license shall be renewed annually on or before
December 31 by the filing of a written application accompanied by the annual
license fee and per-machine fee for each renewal. The license fee and per-machine
fee for any license issued in any calendar year after July 1 shall be 1/2
of the annual and per-machine fees.
[Amended 8-9-1983]
A.
Hours of operation.
(1)
All amusement machines licensed to primary establishments
under this chapter shall be operated only during the following hours:
|
Days
|
Hours
| |
|---|---|---|
|
Monday through Thursday
|
11:00 a.m. to 11:00 p.m.
| |
|
Friday
|
11:00 a.m. to 12:00 midnight
| |
|
Saturday
|
10:00 a.m. to 12:00 midnight
| |
|
Sunday
|
12:00 noon to 10:00 p.m.
|
(2)
No premises wherein the operation of amusement machines
is the primary or accessory use shall permit children under 18 years of age
to operate any amusement machine prior to 3:00 p.m. on Monday through Friday
when any schools located in the Borough of Netcong are in session.
B.
Play by persons under the age of 18 years prohibited
unless accompanied by an adult. It shall be unlawful for any licensee, his
agent, servant or employee to permit, suffer or allow a person under the age
of 18 years to operate any amusement machine, wherein the operation of amusement
machines is the primary or accessory use, between the hours of 9:00 p.m. and
11:00 a.m. on Sunday through Thursday when any schools located in the Borough
of Netcong are in session, unless said person is accompanied by an adult.
In all premises wherein the operation of amusement machines is the primary
use, the licensee shall employ one or more adult supervisors, one of whom
shall be present at all times when the premises are in operation, and whose
sole responsibility shall be the control and supervision of the games and
the patrons of the premises. A current list of said supervisors shall be filed
with the Borough Police Department. In all premises wherein the operation
of amusement games is an accessory use, the licensee or a designated employee
may serve as supervisor in addition to other duties.
A.
It shall be unlawful for any licensee or his agents,
servants or employees to knowingly permit, suffer or allow an amusement machine
licensed hereunder to be used for gambling purposes, nor shall they offer,
permit, suffer or allow any prize or return of money on such machine. No person
shall use any such machine for the purposes of gambling of any kind. Nothing
herein shall prevent bonus games built into the machine from being awarded.
B.
No licensee shall permit any disorderly, lewd, dissolute,
drunken, obnoxious or boisterous person or any persons under the influence
of intoxicating liquor or controlled dangerous substance to be admitted to
or remain on or about the licensed premises.
A.
Any license or permit may be suspended or revoked for
good cause, including but not limited to a misrepresentation of the information
supplied in the application for such license or the conviction of a crime
or a violation of any ordinance, statute or government regulation involving
gambling or a violation of this chapter.
B.
In such cases, the licensee shall be entitled to a notification
of the charges against him, the right to a hearing before the governing body
and the right to be represented by counsel and to call witnesses at such hearing.
The evidence against the license holder shall be presented by the police officer
or officers making the charges and in the discretion of the Chief of Police
or the governing body the charges against the license holder shall be presented
by the Municipal Prosecutor. Witnesses may be called by either the prosecution
of the license holder and the right of cross-examination shall be afforded
to all parties. The Council shall render its decision within 30 days after
completion of the hearing.
The Borough Clerk shall be responsible for the licensing of premises
and the collection of machine fees. This chapter shall otherwise be enforced
by the Netcong Police Department.
