[HISTORY: Adopted by the Mayor and Council of the Borough of Paulsboro 3-5-1946 by Ord. No. 261. Amendments noted where applicable.]
No person, firm or corporation shall maintain, operate or possess, in any store, building or other place wherein the public is invited or where the public may enter, or any building or other place wherein any club or organization meetings are held, within the Borough of Paulsboro, any amusement games or machines of the type commonly known as electric crane machines, bagatelle, ballyhoo, pinball machines or similar games of skill, or any coin music boxes or record-playing machines commonly called "jukeboxes," without first obtaining a license therefor.
[Amended 12-20-1966 by Ord. No. 469]
The annual license fee for such amusement game or machine shall be $25, payable in advance for the calendar year in which license is issued.
[Amended 10-3-1978 by Ord. No. 624]
The annual license fee for such coin music box or record-playing machine, commonly called "jukebox," shall be $25, payable in advance for the calendar year in which the license is issued.
The Borough Clerk shall cause to be prepared the necessary form of application for license to maintain such games, machines or music boxes. The application shall state the name and address of applicant or, if applicant is a corporation, the names of the officers and directors and the address of the corporation; the exact location where the game, machine or music box is to be installed; the kind of game, machine or music box; whether or not the applicant has been convicted of a crime or violation of any federal, state or local laws; and such other information as the Borough Council shall deem necessary and proper. A separate application shall be required for each game, machine or music box. The license fee shall accompany each application, and if the application is denied, the fee shall be returned to applicant.
The proprietor of the premises where the game, machine or music box is to be installed shall be the applicant for the license, and the proprietor must sign the application. If applicant is a corporation, application shall be signed by the President and Secretary. Upon receipt of the application, the Borough Clerk shall refer the same to the Public Safety Committee and the Chief of the Fire Department, both of whom shall make or cause to be made inspections of the premises described in the application. Both parties, upon completion of the inspections, shall attach to said application their reports thereon in writing and shall state their approval or disapproval and the reasons therefor. Upon receipt of said application and attached inspection reports, the Borough Council shall proceed to consider the same and shall approve or disapprove the issuance of a license. If application is approved, Borough Council shall authorize the Borough Clerk to issue the license.
At any time after the granting of said license, Borough Council may, in the exercise of its discretion, revoke same for any willful false statement in the application. Said license may be revoked in the event the licensee is convicted of any violation of this ordinance.
Nothing herein contained shall prohibit the holder of a license for games, machines or music boxes from substituting a game or machine or music box at the location set forth in such license, but at no time shall more than one game, machine or music box be operated under one license.
Every such license shall apply only to the applicant to whom it is issued and for the premises stated in the application and license. The license shall not be transferred to another person unless Borough Council approves the transfer in writing. The license shall not apply if the licensed game, machine or music box is moved to another premises unless Borough Council approves the movement in writing.
[Amended 10-3-1978 by Ord. No. 624]
No more than three amusement games or machines of the type herein mentioned, exclusive of music boxes, shall be permitted to be used in any one place, location or premises.
Said license, when granted, shall be affixed in a conspicuous place to the game, machine or music box for which it was issued and shall show the name and post office address of the licensee, the address where the device is installed or maintained and the amount required to operate the device and shall state that the device to which the license is affixed is licensed by the Borough of Paulsboro.
[Amended 3-6-1984 by Ord. No. 0.3.84]
No licensee shall permit any mechanical amusement game, such as a blackjack or other such gambling amusement device, to be operated on the premises, except as otherwise provided by law. Likewise, any person who shall use or permit to be used this type of machine or any of the other mechanical amusement games licensed hereunder for the purpose of gambling shall be guilty of a violation of this ordinance and shall be penalized therefor as provided herein. The Borough Council may, in its discretion, revoke the license of licensees for any violation of this section permitted on the premises.
Since there is no minimum age for entry into a licensed premises and since the public policy of this state, as set forth in N.J.S.A 2C:34-3, is to prohibit the display or distribution of materials considered obscene, as defined by statute, therefore, no licensee shall permit any mechanical amusement game or other such amusement device to be operated on the premises, which game or device displays subject matter or material that would be defined, pursuant to N.J.S.A. 2C:34-3, as obscene material, or the display of materials or matter depicting or constituting action of obscenity. Likewise, any person who shall use or permit to be used this type of game or device in violation of this section shall be guilty of a violation of this ordinance and shall be penalized therefore as provided herein. The Borough Council may, in its discretion, revoke the license of licensee for any violation of this section permitted on the premises.
This ordinance is enacted for the purpose of raising revenue and for the regulation and control of the games, machines, music boxes and similar devices, as set forth in § 7-1 hereof.
Any person violating any of the provisions of this ordinance, upon conviction thereof, shall be penalized by a fine in any sum not exceeding $200 or may be imprisoned in the Borough or county jail for a term of not exceeding 30 days, or both, in the discretion of the Magistrate before whom such conviction is had. Any corporation violating any of the provisions of this ordinance shall, upon conviction thereof, pay a fine not exceeding $200, which may be recovered and collected in the manner provided by law.
In case, for any reason, any section or provision of this ordinance shall be held to be unconstitutional, said decision shall not affect any other section or provision hereof.
This ordinance shall take effect upon final passage and publication according to law.