Uniform construction codes — See Ch. 122.
Carnivals and circuses — See Ch. 115.
Fire prevention — See Ch. 165.
Land development — See Ch. 205.
ARTICLE IAmusement Rides (§ 87-1 — § 87-7)
ARTICLE IIAmusement Devices (§ 87-8 — § 87-21)
§ 87-1Permission required.
§ 87-2Application; fee.
§ 87-3Investigation and approval of application; issuance of permit.
§ 87-4Validity and transferability of permit.
§ 87-5Hours of operation.
§ 87-6Revocation of permit.
§ 87-7Violations and penalties.
It shall be unlawful for any person, firm or corporation to establish, carry on, conduct or operate merry-go-rounds or other types of mobile mechanical rides on public streets or on any vacant land in the Borough of North Arlington without first having made application and received permission to do so in accordance with the provisions hereinafter set forth.
The applicant for such permission shall file an application, in writing, with the Borough Clerk of the Borough of North Arlington, setting forth the name and address of the applicant and, if the applicant is a corporation, the names and addresses of its officers; whether or not the applicant, or if the applicant is a corporation its officers, has ever been arrested or convicted of a crime or a violation of a town ordinance; a detailed description of the proposed merry-go-rounds or other rides; and the name and address of the liability insurance company, with a minimum coverage of $300,000/$1,000,000. The Borough shall be shown as an additional insured on the policy.
Said application must be accompanied by a permit fee of $50, which fee is hereby imposed for revenue and regulation.
Upon receipt of such application, the Borough Clerk shall forward the application to the Chief of Police who shall cause an investigation to be made of the applicant and the proposed merry-go-rounds or other rides and shall thereupon return the application to the Mayor and Council stating his/her findings and recommendations. If the application is approved by the Mayor and Council, the Borough Clerk shall issue the permit.
All permits issued pursuant to this article shall be valid for a period of one month from the date of issue, unless sooner revoked, and shall not be transferable without the consent of the Mayor and Council.
Every merry-go-round or other ride permitted by this article shall operate only between the hours of 11:00 a.m. and 11:00 p.m. every day, unless specified otherwise in the permit.
The Mayor and Council shall have the power to revoke any such permit, for cause, after notice to the applicant and an opportunity to be heard.
Any person, firm or corporation violating any of the provisions of this article shall, upon conviction thereof, be subject to the penalties provided in Chapter 1, Article I, General Penalty, in the discretion of the presiding Judge.
§ 87-9License required.
§ 87-10Application for license.
§ 87-11Investigation of applicant; issuance of license.
§ 87-13Contents and posting of license.
§ 87-14Transferability of license.
§ 87-15Number of licenses limited.
§ 87-16Location restrictions.
§ 87-17Operating regulations.
§ 87-18Revocation of license.
§ 87-19Continuing inspections during term of license.
§ 87-21Violations and penalties.
As used in this article, the following terms shall have the meanings indicated:
- Administrator of the Borough of North Arlington.
- BOROUGH CLERK
- Clerk of the Borough of North Arlington.
- CONSTRUCTION OFFICIAL
- Construction Official of the Borough of North Arlington.
- Any music vending machine, contrivance or device which, upon the insertion of a coin, slug, token, plate, disc, or key into any slot, crevice or other opening, by the payment of any price, operates or may be operated for the emission of songs, music or similar amusement.
- MECHANICAL AMUSEMENT DEVICE
- Any machine, whether operated mechanically, electrically or by other means, or regardless of whether or not it registers scores or tallies, which upon the insertion of a coin, slug, token, plate, disc or key may be operated by the general public as a game, or for entertainment or amusement. Examples of "mechanical amusement devices" include marble machines, pinball machines, bagatelle, skill ball, mechanical grab machines, video games and computerized games. The preceding list is intended to be illustrative only, and the term "mechanical amusement device" shall include all games, machines or devices similar thereto under whatever name they may be indicated.
- NET FLOOR AREA
- The gross floor area of the licensee's premises less deductions for counter space areas, storage areas, shelving areas, aisle areas, rest rooms, areas of ingress and egress, office space and other areas which are not intended or held out for public use. The Construction Official shall determine the net floor area in each prospective licensed premises.
- Any person in whose place of business any jukebox or mechanical amusement device is displayed for public patronage or is placed or kept for operation by the public.
- Any individual, association, partnership or corporation.
No person shall operate, maintain or use any mechanical amusement device or jukebox, as defined in § 87-8 herein, in any public or quasi-public place or in any building, store or other place to which the public is invited or the public may enter, unless said machine has been licensed as provided herein.
The application for a license to operate, maintain or use any mechanical amusement device or jukebox shall be filed in quadruplicate on a form furnished by the Borough Clerk, which form shall indicate the following:
The name, date and place of birth, home address and business address, if any, and the home and business telephone numbers of the applicant, and, if the applicant is a partnership, firm, association, corporation or other business entity, the same information shall be supplied for each of the stockholders, officers and directors of the corporation or the partners, members or principals, except that if the corporation has on file with the Securities and Exchange Commission a registration statement in connection with the listing of any class of its stock on any stock exchange or the sale thereof to the general public, it shall apply such information for each of its officers and directors and each of the owners of 5% or more of any class of its stock.
The name and address of the registered agent of the applicant or person upon whom service of process is authorized to be made.
The name, date and place of birth, home address and home telephone number of the manager or other agent of the applicant who shall be in charge of or conduct the business of the applicant within the Borough of North Arlington.
With respect to each person whose name is listed on the license application, whether or not said person has ever been convicted of a crime in any jurisdiction or a violation of any Borough ordinance involving gambling or an offense which under the laws of New Jersey is denominated a first, second, third or fourth degree offense involving moral turpitude with a full disclosure of the offense, time and place of commission, legal proceedings in connection therewith and punishment. When any person whose name is listed on the license application under any section hereof because of the ownership of stock did not himself or herself furnish the consideration for which the stock was purchased or issued, the same information required above as to such conviction for any such offense shall be disclosed with respect to the person actually furnishing such consideration.
With respect to any person whose name is listed on the license application under any section hereof because of the ownership of stock of any class, there shall be filed with the application an affidavit of the owner of the said stock setting forth the name and address of the person or persons who actually furnished the considerations for which the stock was purchased or issued, and stating that the affiant has read the license application and that the information contained therein is complete, accurate and truthful to the best of his/her knowledge and belief.
The number, location, type, manufacturer and serial number of the mechanical amusement device or jukebox to be operated, maintained or used under the license applied for.
The terms, conditions and arrangements under which the applicant is to operate, maintain or use the mechanical amusement device or jukebox within the Borough of North Arlington.
The application shall contain a certification, under oath, made by the applicant that the information contained in the application and all attachments thereto are complete, accurate and truthful to the best of his/her knowledge and belief.
The applicant shall provide any such information as the Borough Clerk or Mayor and Council of the Borough of North Arlington shall deem necessary or proper.
The Borough Clerk shall be satisfied that the applications and all attachments thereto are complete and accurate.
A license for the operation, maintenance or use of such machine shall be issued by the Mayor and Council of the Borough of North Arlington and in the name of the operator of the business where the machine will be located. Said license shall be issued for one year or any portion thereof, commencing January 1 of the year of issuance. License issuance shall be subject to the following inspections and approvals, which inspections and approval reports shall be submitted in writing to the Borough Clerk:
By the Construction Official or his/her designee, to determine if the proposed operation of any machine and the premises where the operation shall take place shall comply with municipal zoning and Building Code requirements
By the Chief of Police or the Chief's designee, who shall immediately institute whatever investigation of the applicant's business responsibility, moral character and ability to properly conduct the licensed activity considered necessary for the protection of the public. The Chief shall communicate the findings in writing to the Borough Clerk within a reasonable time after the application has been filed. If the investigator decides that the applicant's character, ability or business responsibility is unsatisfactory or the products, services or activity are not free from fraud, the application shall be disapproved.
Upon receipt of an application to operate a machine and the inspection and approval reports, the Borough Clerk shall promptly submit said application and accompanying materials with said reports to the Mayor and Council of the Borough of North Arlington, who, in accordance with the standards set forth herein, may grant or refuse the license. The Mayor and Council shall be satisfied that those persons whose names are required to be disclosed on the license application are all persons capable of owning, controlling and conducting the proposed business of distribution or operation of mechanical amusement devices within the Borough of North Arlington in a manner consistent with the public safety, good morals and general welfare of the community; that all those persons whose names are required to be disclosed on the license application can reasonably be expected to own, control or operate the proposed business in accordance with all applicable laws, ordinances, rules and regulations and free from any gambling, immoral or illegal conduct or activity.
There shall be an additional fee of $2.50 for each additional music machine or device that is mounted or attached to a counter, table or wall in conjunction with a master music machine or device.
An operator's license, when issued, shall designate the number of mechanical amusement devices or jukeboxes operated thereunder.
Each such license shall bear a number and the number of the license shall be placed in some permanent way upon each mechanical amusement device or jukebox operated under this article.
All license fees shall be payable to the Borough of North Arlington with the filing of the application, and all licenses shall expire on December 31 next succeeding the date of issuance.
Each operator's license shall be posted permanently and conspicuously in the licensed premises.
A license may be transferred from one machine to another by giving notice to the Borough Clerk to that effect and giving a description of the new machine.
A license may be transferred from one place to another by giving notice to the Borough Clerk to that effect and supplying the required information as to the new premises.
No more than six mechanical amusement devices shall be licensed or permitted to be distributed or operated or maintained in one place of business of at one location.
Where the principal business in a location is the operation of a mechanical amusement device, no other place of business where the principal business is the operation of a mechanical amusement device shall be located in any premises within 200 feet of the other place of business. The distance shall be measured from the nearest entrance of the premises on which the mechanical amusement device is located to the nearest entrance of the premises on which the mechanical amusement device is sought to be located along the route that a pedestrian would normally walk.
No mechanical amusement device shall be located in any premises within 200 feet of a church or other religious institution or a public or private school. The distance shall be measured from the nearest entrance of the church or school to the nearest entrance of the premises on which the mechanical amusement device is located or is sought to be located along the route that a pedestrian would normally walk.
No establishment containing mechanical amusement devices shall permit them to be operated between the hours of 2:00 a.m. and 7:00 a.m.
No operator shall knowingly permit any person convicted of a crime involving moral turpitude to be associated with him/her in the ownership or management of the business or to be in his/her employ or to loiter on the premises.
No operator shall offer or permit to be offered any prizes or awards, whether in cash or otherwise, as an inducement to use mechanical amusement devices except for trophies or plaques or items of a similar nature of nominal value.
No operator shall permit any minor under the age of 16 years to operate any mechanical amusement device between the hours of 8:00 a.m. and 3:30 p.m. on days that public schools in North Arlington are in regular session.
No operator shall permit any minor under the age of 16 years unaccompanied by a parent or guardian to remain on the premises after 10:00 p.m.
No operator shall permit any activity which is illegal or immoral or which creates an undue amount of noise or a danger of a breach of the peace to occur on the premises.
No mechanical amusement device or jukebox required to be licensed under this article shall be so placed in any premises as to interfere with or obstruct any entrance or exit as to create a fire or safety hazard.
Any time after issuance of said license, the Mayor and Council of the Borough of North Arlington, in the reasonable exercise of its discretion, may revoke the same if it finds:
Gambling on the premises.
False or incorrect material on the application or information furnished by the applicant.
A failure to maintain good and safe conduct on the premises.
The presence of the machines results in gambling, obscene or loud language disturbing to the public or to other patrons of the premises, creation of a nuisance, excessive noise, litter, traffic or rowdyism by the patron.
A violation of the laws of the State of New Jersey or this or other ordinance of the Borough of North Arlington.
Any of the following inspections shall be made with respect to the operation of any mechanical amusement device or jukebox as may be necessary during the term of the license:
By the Construction Official or his/her designee, to determine if the operation of any machine and the premises on which the machine is being operated continue to comply with the municipal zoning and Building Code requirements
By the Fire Chief or his/her designee, to determine if the operation of any machine and the premises on which the machine is being operated continue to comply with the existing fire regulations of the Borough of North Arlington.
Any person aggrieved by any action of the Borough Clerk, Construction Official, Fire Chief or Chief of Police in the suspension of a license shall have the right of appeal to the Mayor and Council.
Such appeal shall be taken by filing with the Borough Clerk, within 20 days after notice of said decision has been made, a written statement setting forth fully the grounds of the appeal, along with a fee of $25. The Borough Clerk shall set a time and place of hearing for the appeal, at which time the Mayor and Council of the Borough of North Arlington shall conduct a hearing and affirm, modify or reverse the decision appealed from.
Any person violating any provisions of this article or failing to comply therewith shall, upon conviction thereof, be punishable as provided in Chapter 1, Article I, General Penalty, and a separate offense shall be deemed committed on each day during or on which a violation or failure to comply occurs or continues.