[Adopted 3-3-1983 by Ord. No. 470
(Ch. 23 of the 1970 Code)]
As used in this article, the following terms shall have the meanings
indicated:
AUTOMATIC AMUSEMENT DEVICE
Any machine which, upon insertion of a coin, slug, token plate or
disc, may be operated by the public generally for use as a game, entertainment
or amusement, whether or not registering a score, including but not limited
to such devices as marble machines, pinball machines, skill ball, mechanical
grab machines and all games, operations or transactions similar thereto under
whatever name they may be indicated. It shall include video-type games or
machines or similar devices that use a display screen for points, lines, dots
of light that can be manipulated to simulate games or other types of entertainment.
It shall not include nor shall this article apply to music-playing devices.
DISTRIBUTOR
Any person who supplies any automatic amusement device to another
for use in his premises, whether under lease or any similar arrangement.
OPERATOR
Any person in whose premises any automatic amusement device is placed
or kept for operation.
PERSON
Any person, firm, corporation, partnership or association.
The purpose of this article is to license, regulate and control those
automatic amusement devices which are operated for the purpose of making a
profit. The objective of this article is to regulate the business of amusement
devices so as to prevent nuisances to patrons and the public, fire hazards
from overcrowding, poor ingress and egress at premises where amusement devices
are located, the promotion of gambling, loitering or the creation of an unhealthy
atmosphere for the youth of the community or other foreseeable, undesirable
effects of such devices.
The fee for all applications for licenses pursuant to this article shall
be $25 in addition to a licensing fee of $25 per year.
The Chief of Police or his designee may make an investigation of the
premises and the applicant to determine the truth of the facts set forth in
the application. The Fire Marshal shall inspect the premises to determine
whether the proposed automatic amusement devices comply with the requirements
of this article. The Chief of Police and the Fire Marshal shall, upon completion
of their inspection, either approve or disapprove the issuance of the license
to said applicant. If the applicant is approved, the Borough Clerk shall issue
the necessary license upon the receipt of the license fee or fees as herein
provided.
Any person who violates any provision of this article shall, upon conviction thereof, be punished as set forth in Chapter
1, §
1-15, General penalty. Each day that a violation occurs or is committed shall constitute a separate offense.
[Adopted 6-4-1998 by Ord. No. 705
(Ch. 41B, Art. II, of the 1970 Code); amended in its entirety 4-17-2000
by Ord. No. 732]
[Amended 6-5-2008 by Ord. No. 844]
A. The Amusement Games Licensing Law (N.J.S.A. 5:8-100 et
seq.) provides that owners and operators of any amusement games, as that term
is defined by New Jersey law, must be licensed by the municipality within
which such games are to be operated and conducted. The licensing requirement
also applies to any organization wishing to hold an agricultural fair or exhibition
within any municipality (N.J.S.A. 5:8-121).
B. Pursuant to N.J.A.C. 13:3-1.13, any municipality wishing
to issue licenses of this nature to a licensee other than an amusement park
or agricultural fair and exhibition must be a designated seashore resort.
C. It is hereby determined, declared and found that the
Borough of Oceanport ("the Borough"), having substantial frontage on the Shrewsbury
River, which has been deemed a tidal estuary by the Army Corps of Engineers,
and being home to the Monmouth Park Race Track, which provides significant
recreation and entertainment to residents and visitors alike, the Borough
is, pursuant to N.J.A.C. 13:3-1.1, a seashore resort for purposes of issuing
licenses with regard to games of chance.
As used herein, the following terms shall have the meanings indicated:
AGRICULTURAL FAIR OR EXHIBITION
An event conducted by an association organized and approved by the
New Jersey Department of Agriculture for the participation in any or all state-sponsored
programs relative to the promotion of agriculture and the advancement of agriculture
interests in New Jersey.
AMUSEMENT GAME(S)
Any game of skill or chance, or both, meeting the definition of those
terms set forth in N.J.S.A. 5:8-101.
COMMISSION
The New Jersey Legalized Games of Chance Control Commission.
LICENSEE
The holder of a license pursuant to this article.
PERSON
An individual, sole proprietorship, partnership, corporation, joint
venture, unincorporated association and the like.
[Amended 6-5-2008 by Ord. No. 844]
It shall be unlawful for any person to own and operate any amusement
game within the Borough without having first obtained a license to do so from
the Borough.
Any association organized and approved to conduct an agriculture fair
or exhibition must obtain comprehensive liability insurance coverage satisfactory
to the Borough which names the Borough as an additional insured therein. No
amusement games licenses will be issued without proof of such insurance coverage.