[HISTORY: Adopted by the Mayor and Council of the Borough of River
Edge 12-31-1975 as § 5-7 of the 1975 Code. Amendments noted where
applicable.]
GENERAL REFERENCES
News vending machines — See Ch. 292.
It shall be unlawful for any person to install, operate, maintain, use
or have in his possession or to display or permit to be displayed in any public
or quasi-public place or in any building, store or any other place wherein
the public is invited or may enter, any bagatelle device or pinball machine,
or any mechanical device or machine for amusement purposes, whether electrically
operated or not, or any coin-operated weighing machines, without a license
first having been obtained.
A separate application for each machine, game or device shall be filed with the Chief of Police, addressed to the Borough Council and, in addition to the requirements of § 268-2, shall contain the name and address of the bailee and the age of the owner.
Upon receiving any application, the Chief of Police or his designated
representative shall make an examination of the place and machine and shall
forward the application with the license fee and his recommendation to the
Borough Clerk, who shall present it to the Borough Council for approval or
disapproval. If disapproved, the fee shall be returned.
[Amended 12-17-1984 by Ord. No.
875[1]]
The license for the amusement devices or machines shall be issued to
and in the name of the proprietor of the premises where the machine is to
be installed, for the calendar year, commencing January 1 and expiring December
31 at midnight. The fee for the issuance of a license shall be as set forth
in the Borough Fee Schedule, adopted by resolution of the Borough Council,
on file in the office of the Borough Clerk. 9
No device or machine, as specified in this chapter, shall be placed,
operated, maintained or used until the license issued by the Borough Clerk
shall be affixed, in a conspicuous place, to the machine or device for which
it was issued, so that it shall be easily and quickly identified. The license
shall on its face disclose the manufacturer's serial number, the name and
post office address of the licensee, it shall disclose the amount of money
required to operate the machine or device and it shall briefly state that
the machine or device to which the same is affixed is licensed for operation
by the Mayor and Council of the borough. The device or machine, as specified
herein, must be placed and located on the street-level floor of the premises
wherein it is operated or maintained and must at all times be kept so as to
be in full public view of the patrons of the premises.
A.
The holder of a license shall be permitted to transfer
the license within the calendar year for which it is issued to any other similar
machine operated in the same premises in place of the machine from which the
license is transferred. The licensee shall notify, immediately, the Mayor
and Council of such change and communicate to them the manufacturer's serial
number and the type of the substituted machine.
B.
Upon proper application having been made, the Mayor and
Council may, in its discretion, transfer a license from one premises to another.
Any person who shall use, or permit to be used, any game, device or
machine licensed hereunder for the purpose of gambling shall be guilty of
a violation of this chapter. Any person who shall permit to be used any game,
device or machine of the pinball type by a minor sixteen (16) years of age
or less shall be guilty of a violation of this chapter.
No more than two (2) machines or devices of the type or types herein
mentioned shall be permitted to be used or operated in any one (1) place,
location or premises. No machine or device licensed under this chapter shall
be used, placed, maintained or operated in any premises within two hundred
(200) feet of any school or church.
[Amended 3-21-1988 by Ord. No.
955[1]]
For a violation of any provision of this chapter, the maximum penalty,
upon conviction thereof, shall be a fine not exceeding one thousand dollars
($1,000.), or imprisonment for up to ninety (90) days, or a period of community
service not exceeding ninety (90) days, or any combination thereof.
