[Adopted 7-6-1965 by Ord. No. 875; amended
in its entirety 4-4-1978 by Ord. No. 1135 (Ch. 68 of the 1984 Code)]
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.
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.
[Adopted 4-17-1984 by Ord. No. 1292 (Ch.
66 of the 1984 Code)]
As used in this article, the following terms
shall have the meanings indicated:
JUKEBOX
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.
OPERATOR
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.
PERSON
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.
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.
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:
A. Gambling on the premises.
B. False or incorrect material on the application or
information furnished by the applicant.
C. A failure to maintain good and safe conduct on the
premises.
D. 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.
E. 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:
A. 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 and the provisions of this article.
B. 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.
C. By the Chief of Police or his/her designee, to determine if the licensee is operating any machine in such a manner as not to be subject to revocation of the license, as provided in §
87-18.
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.