[HISTORY: Adopted by the Mayor and Council of the Borough of Old Tappan 5-26-1975 as Sec. 4-3 of the 1975 Code, as amended through Ord. No. 321-81. Subsequent amendments noted where applicable.]
Licensing — See Ch. 158.
No person, unless duly licensed in accordance with the provisions of this chapter, shall have, keep, own, maintain or use within the limits of the borough any:
Billiard or pool rooms;
Camps or camping grounds;
Amusement parks and rides;
Gymnasiums; health spas or recreational centers;
Pin ball machine;
Electronic skill game;
Automatic amusement device (other than juke boxes);
Public address systems; or
Any other places or devices where or by which the amusement or recreation of the public is carried on or accomplished as a business or for profit of any kind to the owner, lessee or possessor thereof.
This chapter shall also include parking areas operated in conjunction with swimming pools, although the swimming pools may be outside the boundaries of the borough.
As used in this chapter, the following terms shall have the meanings indicated:
- ELECTRONIC SKILL GAMES AND AUTOMATIC AMUSEMENT DEVICE
- Any automatic mechanical or electronic amusement device, game or device of skill or entertainment which is or are operated or set in motion by the deposit therein of any coin or coins, tokens or slugs of the like thereof, purchased for cash, and including video-type games or machines or similar devices that use a display screen for points, lines or dots of light that can be manipulated or simulate games or other types of entertainment. Excluded from this definition are music vending machines commonly known as "juke boxes."
Any person desiring to obtain a license to conduct any of the businesses mentioned in § 88-1 or devices for the purpose of business shall present to the Borough Clerk an application form containing, in addition to information set forth in § 158-2, the following:
A resume of the past business experiences of applicant for the last five years.
Number and type of machines sought to be licensed.
Location where each such machine, game or device is to be situated, to be shown on a detailed scale drawing showing all exits and windows, scale to be one inch equals four feet.
Name and address of the person from whom each such machine, game or device is to be purchased, rented or otherwise obtained.
Description of each such machine, game or device sought to be licensed including for each the name of the manufacturer, model number and serial number.
Upon receiving the application, the Borough Clerk shall in turn submit same to the Mayor and Council, the Chief of Police and the Chief of the Fire Prevention Bureau.
The Chief of Police, or his designee, shall make an investigation of the premises and the applicant to determine the truth of the facts set forth in the application. The Chief of the Fire Prevention Bureau, or his designee, shall inspect the premises to determine whether the premises comply with existing fire regulations of the borough and State of New Jersey. The Chief of Police and the Chief of the Fire Prevention Bureau shall, upon completion of their inspection, attach to the application their reports in writing.
Upon receipt of the application and inspection reports, the Mayor and Council shall proceed to consider the same and, after having satisfied themselves as to public safety hazards, fire hazards, the safety of the structure where the licensed activity is to be conducted and sanitary conveniences, shall either approve or disapprove the issuance of the license to the applicant.
The Mayor and Council may request of an applicant additional information supplementing the information set forth in the application and either the applicant or the Mayor and Council may request that a hearing be held within 30 days of the filing of a complete application.
If the application is approved, the Mayor and Council shall authorize the Borough Clerk to issue the necessary license upon the receipt of the license fee or fees as herein provided.
The annual license fees shall be as follows:
Poolrooms, billiard parlors and other places of business wherein pool or billiard tables are made available to the public for play: $100 per table.
Bowling alleys: $25 per alley.
Swimming pools, including tables on surrounding grounds for patrons: $400 each.
Picnic grounds: $25 each.
Camps or camping grounds: $300 each.
Gymnasiums, health spas and recreational centers: $500.
Music or juke boxes: $10 each.
Calliopes, hurdy-gurdies: $10 each.
Amusement rides: $50 each; Amusement park: $1,000.
Electronic skill game or automatic amusement device, pinball machine: $250 per machine, game or device. In the event that the premises where such machine, game or device is to be located is open for seasonal use only, the fee for each such machine, game or device shall be $150 per season per machine, game or device, provided that such season shall be six months or less in duration.
Public address systems: $5 each.
A parking area operated in conjunction with a swimming pool when the swimming pool is not within the jurisdiction of the borough: $400.
Nonprofit, charitable or religious corporations shall be exempt from payment of the fees set forth herein, but such organizations shall remain subject to all other provisions of this chapter.
A license granted pursuant to this chapter shall:
Be posted in a conspicuous place at the location for which the license was granted.
State the name and address of the licensee.
State the manufacturer, model number and serial number, if any, for each and every pinball machine, electronic skill game or automatic amusement device for which the license was issued. In the event any such machine, game or device shall become inoperable and be replaced by the licensee, the licensee shall so advise the Borough Clerk, who shall issue without cost an amended license containing the name of the manufacturer, model number and serial number of such replacement machine, game or device.
The sketch showing the machine location shall be posted next to the license, in the case of a pinball machine, electronic skill game or automatic amusement device.
The place where the business is carried on, or if indoors, the entire interior of the room or place in which the business is conducted, shall be open to full public inspection at all times by the Chief of Police or other public officer and shall be under the control and regulation of the Borough Council.
The Borough Council is hereby authorized by motion or resolution to make, promulgate and enforce rules and regulations in respect to each business which shall make for maintenance and order in the borough, all of which shall be considered part of the license theretofore or thereafter granted. Each license and licensee shall be subject to the rules and regulations as though in each license mentioned. The rules or regulations shall cover such subjects as opening and closing hours, special permission for tournaments, the number of persons who congregate in each licensed place, and other regulations not in direct conflict with the provisions of this chapter.
No pool hall, billiard parlor or other place of business wherein two or more pool or billiard tables are made available to the public for play shall remain open on Sunday, or after the hour of 10:00 p.m. on secular days.
No more than three pinball machines, electronic skill games, or automatic amusement devices, or any combination of same, shall be located in any one location, or place of business. Each pinball machine, electronic skill game or automatic amusement device shall:
Be located at least five feet from the entranceway to the premises in which located and placed so that it does not obstruct or interfere with the free and unfettered passage of patrons or users of the premises.
Have an unobstructed area of five feet in front of such machine, game or device wherein users of same may use, watch or wait to use same and wherein patrons of the premises may safely pass. Any machine game or device placed or located adjacent to any aisle or passageway shall be placed or located so as to provide for at least a five-foot unobstructed aisle or passageway. Machines, games or devices may be placed side by side, back to back, or along a wall or walls, provided that the five-foot limitations set forth hereinabove are observed.
Be placed so as not to expose the back thereof to a window.
Only be used or operated during the hours of operation of the premises in which located.
Be located at least 500 feet from any school or church.
A license may be revoked or not renewed by the Borough Council by reason of the violation of the terms of the license, this chapter or the rules and regulations promulgated thereunder, the violation of any municipal ordinance, state or federal statute, or falsification in applying for a license, or for any cause set forth in § 158-9. The licensed person shall be granted a hearing by the Borough Council as provided in §§ 158-10 and 158-11 of Chapter 158, Licensing, the Code of the Borough of Old Tappan. A license may be suspended for not more than two weeks by the issuing officer without a hearing.
The provisions of this chapter shall be enforced by the Police Department.