Borough of Riverdale, NJ
Morris County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the Borough of Riverdale 6-7-1954 by Ord. No. 96. Amendments noted where applicable.]
GENERAL REFERENCES
Amusements and entertainment — See Ch. 75.
As used in this chapter, the following terms shall have the meanings indicated:
GAME OF CHANCE or GAMBLING DEVICE
Any machine or device as defined hereinabove which shall offer, or for which shall be offered, as a reward, prize, or as an inducement to play, any money or other valuable thing or a free game or games.
MACHINE or DEVICE
Any coin-operated automatic amusement game, including but not limited to such devices known as roulette, baseball, pinball, shooting games and the like; provided, however, that nothing herein contained shall be construed to refer to vending machines for cigarettes, foods, confections, music or merchandise.[1]
PERSON
An individual, firm, partnership, corporation, voluntary association, incorporated association, and principal or agent thereof.
PLACE OF BUSINESS
Any public or quasi-public building, store, restaurant, lunch counter, luncheonette, tavern, lobby, entry, garage, gas station or other place where the public is invited or wherein the public may enter.
[1]
Editor's Note: See Ch. 174A, Food and Beverage Vending Machines.
The purpose of this chapter is to impose a license fee for the raising of revenue on certain games of amusement as herein defined or designated to provide for the control and regulation of the use and maintenance thereof, and to prohibit the possession, maintenance, use or operation of games of chance or gambling devices in any place of business within the Borough of Riverdale.
No person shall have, keep, maintain, operate or play, in any place of business within the Borough of Riverdale, any machine or device defined herein as a game of chance or gambling device.
The Police Department of the Borough of Riverdale and the officers thereof are authorized and directed to seize and hold for further disposition as is authorized by law any such game of chance or gambling device found in any place of business within the Borough of Riverdale.
No person shall hereafter maintain, place or allow to be used any other machine or device defined or designated herein in any place of business occupied or operated by such person, whether as owner of the premises or as the tenant thereof, unless he shall first obtain a license therefor and pay the license fee for each such machine as hereinafter provided.
Any person desiring to obtain a license as required by this chapter shall first procure an application form therefor from the Borough Clerk of the Borough of Riverdale. Such form shall require the following information to be stated thereon:
A. 
Name and signature of applicant.
B. 
Residence of applicant.
C. 
Name and nature of business conducted by applicant on the premises for which the license is sought.
D. 
Address of the premises where the machine will be in use.
E. 
Name and nature of the machine.
F. 
Manufacturer's serial number of machine or the description of such machine if it has no serial number.
G. 
The number of machines located on the premises.
H. 
Name and address of the person owning said machine.
[Amended 5-19-1955 by Ord. No. 109]
Every application for a license under the provisions of this chapter, when completed, shall be delivered to the Chief of Police of the Borough of Riverdale, who shall within the period of one week after the receipt thereof by him cause an investigation to be made to verify the information set forth in said application, and he shall thereafter forthwith transmit the report of such investigation to the Mayor and Council who shall consider said application at their next regular meeting, and provided that they determine that the applicant has not committed any prior violations of the within chapter and has not falsified said application, they shall immediately direct the Borough Clerk to issue a license or licenses as hereinafter provided.
Each license issued hereunder shall cover only one machine, shall be issued on a form provided by the Borough Clerk and shall contain the name, signature and residence of the licensee, address of the premises for which the license is granted, name of machine licensed, serial number of machine, date of issuance of license, date of expiration of same, the amount of the fee paid therefor and the signature of the Borough Clerk.
A. 
The license fee for any license to be issued under the provisions of this chapter is $100 for a year or any part thereof. Licensing fees must by paid by cash or certified check. Every license shall expire on the last day of the year in which it was issued.
[Amended 5-19-1955 by Ord. No. 109; 4-23-1969 by Ord. No. 4-1969; 11-21-1978 by Ord. No. 7-78]
B. 
There will be permitted in the commercial, recreational zone only a seasonal license for a minimum of 20 machines or more; said seasonal license will run from May 1 through October 31 of the year in which it is issued, and the cost for licensing of the same shall be $100 per machine. Said licensing fee can be prorated for a lesser period than the six months so designated, and the fee will be adjusted accordingly. However, no license shall be issued for less than a three-month period.
[Added 7-16-1974 by Ord. No. 4-1974]
C. 
Any license issued for any machine under Subsection B above will not be permitted in an area approved for the sale of alcoholic beverages.[1]
[Added 7-16-1974 by Ord. No. 4-74]
[1]
Editor's Note: See Ch. 70, Alcoholic Beverages.
Every person holding a license issued under the provisions of this chapter shall be required to display the licensed machine in a conspicuous place in the place of business of the licensee and every license or transfer license thereto attached shall likewise be required to be displayed in a conspicuous place in the place of business of the licensee in close proximity to the machine for which the license or transfer license was issued. Each machine shall have a separate license.
No license provided for in this chapter shall be transferable either from person to person or from place to place.
Upon substitution of any machine for the machine so licensed, the applicant shall, within 24 hours thereafter, furnish the Borough Clerk with the serial number and description of the machine so substituted, and the name and address of the owner thereof, and said Borough Clerk shall issue a transfer license for said substituted machine upon the payment by the applicant of a transfer fee in the sum of $10. Said transfer license shall be attached to the original license issued.
No licensee or other person shall offer any prize, free game or games, or other reward to any person playing any machine required to be licensed by the provisions of this chapter, nor shall any licensee permit said machine to be used for any gambling purposes whatsoever.
[Amended 4-23-1969 by Ord. No. 4-69]
A. 
No licensee shall permit or allow any person under the age of 21 years to operate or otherwise to play any such machine or device licensed under the provisions of this chapter, nor shall any person under the age of 21 years operate or otherwise play such a machine or device.
B. 
It shall be no defense by a licensee to an action against him under the provisions of Subsection A hereinabove that he did not know that the operator or player was under the age of 21 years, or that he believed that said operator or player was of the age of 21 years or older.
Any license issued under the provisions of this chapter may, after hearing, be revoked by the Mayor and Council for the violation of any of the provisions of this or any other municipal ordinance, or state or federal law, rule or regulation, or for falsification on the application for said license.
[Amended 9-21-1992 by Ord. No. 4-92]
Any person who shall violate any of the provisions of this chapter shall, upon conviction thereof, be subject to a fine not to exceed $1,000 or may be imprisoned in the county jail for a period not to exceed 90 days, or both, within the discretion of the Judge before whom such conviction may be had.